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Desk Items , . ti. 0 � i • � � , A� � / ' i 1 ' Table of Contents 1. Summary of initiative and upcoming development projects 2. What CCSGI Will and Wlll NOT do 3. Frequently Asked Questions 4. Text of CCSG Initiative 5. Cupertino City Attorney's Title and � Summary �. , � � � � + � � � r . � . . . The City of Cupertino is under constant pressure from developers to amend its General Plan. Developers push to increase building heights and densities and to change land use. Currently, development projects only need to appeal to the majority (three) of City Council members. Amendments to the General Plan are changing Cupertino. Cupertino is losing its pleasarrt suburban character. Cupertino will be indistinguishable from other densely populated communities, except Cupertino will be without the infrastructure required to support intensive development. The City lacks sites for new schools; lacks parks and recreational facilities; and lacks sufficient road capacity to handle increased pedestrian, bicycle, and motor vehicle traffic safely. Upcoming oversized arojects: • Va//co Shopping Center— Height up to 115 feet. 2 million sq. ft. office + 800 apartments + 625,000 sq. ft. retail (retail � 16% of the proposed project). • Oaks Shopping Center— Height up to 88 feet. 280,000 sq. ft. office + 200-room hotel + 270 apartments + 47,660 sq. ft. retail. Requesting exceptions for heights, setbacks, building planes, open space, and parking spaces. (retail �7.6°/a of the proposed project) • Goodyear Tire-- Height up to 104 feet. 270 hotel rooms + 5,727 sq. ft. c�. cor�ferencelbanquet room. ��.,f� �:�� • More projects are coming soon. Major Provisions of Cupertino Citizens'Sensible Growth Initiative include: • Control the density of new development to ensure that projects fit with the city's infrastructure by maintaining limits on building heights, setbacks, lot coverage and building planes. • Affirm that the land within the Vallco Shopping District will be used for major retail, entertainment, dining, and hotels. • Require that proposed changes or exceptions to the building limits and land uses described in the initiative will not be enacted unless first approved by Cupertino voters. The initiative is a follow-the-law initiative, or more specifically, a follow-the-General Plan initiative. Amendments to the General Plan are intended to be rare because the General Plan is the long- term guide for the City's future. The initiative intends to change the way the developers plan for projects they will bring to Cupertino. The initiative promotes development projects that are suitable to the characteristics of the City and discourages projects that do not fit within the guidelines of the General Plan. LET VC�TERS DECIDE. WE LIVE HERE! Paid for by Commit�ee supporting Cupertino Citizens'Sensible Growth Initiative,PO Box 1132,Cupertino, CA 95015,FPPC# 1381645 rev 012616 . . �. �u��i�a► ��i.��.�� a��.��.�1� ��c��i ��.��.�V�� ccSensibieGrowth.or g The Cupertino Citizens' Sensible Growth Initiative promotes responsible growth of the City and places the power to approve future changes to key components of the General Plan with the Cupertino voters. The ke�goals of the initiative are: :��, ➢ Stabilize the General Plan to promote sustainable, long-term planning. The Cupertino General Plan defines how the City grows and allows for a balance of land uses, �� including residences, offices, retail establishments, and community services. A stable, balanced , General Plan will provide a long-term vision for the City's future growth and help manage traffic, school needs, and stress on infrastructure and community services. ➢ Reinvigorate the Vallco Shopping District as a shopping and entertainment center. This amendment puts back in place the height, setback distance from streets, building planes, and land uses needed to revive the Vallco Shopping District as a thriving retail, entertainment, and visitor services center, rather than throwing in the towel on retail and allowing a developer to convert the area into a 2,000,000 sq. ft. urban office park plus high-density housing. It puts the City on record as seeking to restore the health and profitability of Cupertino's main retail ce►Yter. ➢ Ensure open areas are preserved within new development projects. Growth brings increased population and an increased need for land for parks and open areas to keep the City livable. Maintaining open space is difficult. The initiative specifies that for any project over 50,000 square feet of building area, maximum lot coverage shall not exceed 70%, ensuring reterrtion of some open space. ➢ Empower the voters. Projects that follow the General Plan could be approved by the City Council. The City could add more offices, hotels, and residences as allowed by the General Plan. The City Council could also approve many changes to the General Plan. However, changes to the following key components of the General Plan would require approval by the Cupertino voters: • Raising height limits to above 45 feet, except where higher limits are already allowed. • Reducing the required setbacks along Ste�ns Creek Blvd from Highway 85 to Stern Ave. • Reducing the 50 foot setback along the section of North De Anza Blvd that gives the area its distinctive look and allows sufficient space for large, healthy evergreen trees. • Changing the required building planes on Stevens Creek Blvd, North De Anza Blvd, Wolfe Rd, Homestead Rd, and arterial streets. • Adding residential or office uses to the Vallco Sf�pping District. How YOU can help! ➢ Sign the petition if you are a registered voter of Cupertino. Petition Signing Booth: 1-3 pm Saturday & Sunday at the Cupertino Library. (Check ccSensibleGrowth.org for updates to days/times} ➢ Volunteerto collect signatures if you are 18 years or older. ➢ Sign up at htta://tinv.cc/ccsai-add-me for future updates. ➢ Donate at httq:l/tirnr.cc/ccsqi-donate ➢ Find out more at http://www.ccSensib�Growth.org Paid for by Committee supporting Cupertino Cibzens'Sensible Growth Initiative,PO Box 1132,Cupertino, CA 95015,FPPC# 1381645 rev U12716 Support Responsible Growth in Cupertino Yes on the Cupertino Citizens' Sensible Growth initiative What the Sensible Growth Initiative does 1. Respects the general plan's preeminence in directing (ong-term planning and permits sensible growth. 2. Adopts a Council-Approved and State-Approved Housing Element (option B) 3. Maintains the current retail zoning of Vallco 4. Guarantees the residents a voice in deciding whether to approve major developments, including Vallco. What this initiative WILL Do: • It,�,,�encourage projects that adhere to the Cupertino General Plan. • It WILL require voters' approval for over-sized projects that violate the standards in the Cupertino General Plan that are set by the initiative. • It�.�affirm the City's goal of enhancing Vallco as a regional and community destination for retail, dining, and entertainment. • It�� increase sales tax revenue by retaining Vallco as a regional shopping mall. • It WILL retain the existing height limits, to preserve the character of Cupertino, while promoting balanced growth. • It�� help prevent further traffic gridlock through sensible and balanced growth that respects the City's infrastructure limits. • It WILL help prevent additional overcrowding of public schools through sensible and balanced growth that respects the City's infrastructure limits. Paid for by Committee Supporting Cupertino Citizens'Sensible Growth Initiative,PO Box 1132,Cupertino,CA 95015, FPPC#1381645. � What this initiative IIVILL NOT Do: • It WILL NOT stop any development project that abides by the limits it sets within the General Plan. • It WILL NOT stop any project. It only requires that City Council approval of over-sized projects be confirmed by Cupertino's voters. • It 1MLL NOT take away City Council's ability to increase citywide office allocation, residential allocation or hotel or retail allocation. • It WILL NOT change the existing maximum height, except at Vallco. At Vallco, there are curren�y no height guidelines. • It WILL NOT prevent Vallco from having housing or office. Housing or office at Vallco would be allowed if approved by a majority of voters. • It WILL NOT prevent growth. The initiative just re-enforces the City's current long-term planning so that growth is sustainable. Paid for by Committee Supporting Cupertino Cit�ens'Sensible Growth Inftiative,PO Box 1132,Cupertino,CA 95015,FPPC#1381645. 2 Support Responsible Growth in Cupertino Yes on the Cupertino Citizens' Sensible Growth Initiative Frequently Asked Questions . Q1: What does the initiative do? • Q2: What does my signature on the petition do? • Q3: Does the initiative set any limit on the amount of o�ce space, retail space, residential units, or hotel rooms? • Q4: Does the initiative set new limits on building heights, setbacks, and building planes? • Q5: How does this initiative benefit the future development of Cupertino? • Q6: With this initiative, will all development projects need to be appraved by the voters? . Q7: With this initiative, will there be no growth at all in Cupertino? • Q8: The City has a General Plan to guide decisions for future development, so why is the initiative necessary? • Q9: Why is this initiative not only focused on Vallco? • Q10: Why is the Vallco Shopping District referenced in the initiative? • Q11: At what stage is The Hills at Vallco project now? • Q12: Will the initiative stop The Hills at VaNco project? • Q13: Will the initiative prevent residential or o�ce use at Vallco Shopping District permanently? • Q14: WII voters need to vote often on amendments to the General Plan? • Q15: Won't it be expensive to have an election every time an exception to the general plan is sought? • Q16: Are the proponents NIMBYs? Are they against growth? • Q17: What's an initiative? What's a referendum? • Q18: What is the General Plan? Why is this initiative a General Plan Amendment? Q1: What does the initiative do? A1: The initiative does the following: • Controls the intensity of new development by setting citywide limits on building heights, setbacks, building planes, and lot coverage. • A�rms that land within the Vallco Shopping District will be used for retail, entertainment, dining, hotel, and commercial purposes, but not for office o�residential. • Requires that changes or exceptions to the building limits and land uses enacted by the initiative must first be approved by the Cupertino voters. Q2: What does my signature on the petition do? A2: Your signature helps put the initiative on the ballot for Cupertino voters to consider in June or November 2015 election. An initiative is placed on the ballot by a petition, signed by at least 10% of the city's registered voters. If a majority of voters approve an initiative, it becomes law. Your signature on the petition just gives Cupertino voters a chance to vote for or against the initiative. Unlike online petitions or informal petitions, the petition is a legal document that may only be signed by Cupertino registered voters. However, the election laws allows anyone over 18 years of age with a permanent residential address in the U.S. to help gather signatures. Q3: Does the initiative set any limit on the amount of office space, retail space, residential units, or hotel rooms? Paid for by Committee Supporting Cupertino Citizens'Sensible Growth Initiative,PO Box 1132,Cupertino, CA 95015, FPPC#1381645. � A3: The initiative does not set any general limit on office space, retail space, residential units, or hotel rooms. The City Council retains the right to approve additional office space, retail space, residential units, or hotel rooms. However, voter approval would be required to put o�ce or residential uses in the Vallco Shopping District. Q4: Does the initiative set new limits on building heights, setbacks, and building planes? A4: Except for Vallco Shopping District—where there is no current limit—the initiative does not place new limits on building heights, setbacks or building planes on any other site. The initiative requires voters' approval only for any amendment that would exceed current building heights, setbacks or building planes as set in the General Plan, Specific Plans, and Conceptual Plans. Q5: How does this initiative benefit the future development of Cupertino? A5: The initiative sets clear, enforceable citywide limits on building heights, setbacks, planes, and lot coverage. Future Changes to these limits could affect the city's characteristics and quality of life. That is why voter approval is being required. The initiative intends to change the way developers plan for projects in Cupertino. Without the initiative, individual development projects with building heights, setbacks, planes, or lot coverage that exceed the General Plan limits could be approved if a majority of City Council members (3 of 5) approve the exceptions. Under the initiative, most projects will follow General Plan requirements and only rare over-sized projects would request exceptions to the General Plan. Those rare projects must be approved by a majority of Cupertino voters. The developers of those projects risk loosing community support if they do not truly listen to the community's wishes from the planning stage of a project. Voters could respond to token open houses and "chime in" sessions at the ballot box. Voters retain the power to approve or deny over-sized projects. Without the initiative, voters must fight each project with a referendum, which expires after one year even if successful. Q6: With this initiative, will many development projects need to be approved by the voters? A6: No. The vast majority of projects follow the Genera) Plan requirements; only rare over�ized projects must seek voters' approval for amendments to the General Plan. The City Council retains the power to approve development projects that follow the Generat Plan requirements, as they have done in the past. For example, Biltmore Expansion, Nineteen800 (Rosebowl), Travigne, Aloft Hotel, and the Metropolitan did not require exceptions to the General Plan. Q7: With this initiative, will there be no growth at all in Cupertino? A7: The initiative promotes sustainable long-term growth. Cupertino has an annual growth rate of 1.6%, which is higher than the Bay Area average. Under the initiative, Cupertino would continue to grow sensibly by following the General Plan so that the infrastructure has time to be expanded to keep up with the growth rate. The initiative intends to change the way developers plan for projects in Cupertina. The initiative promotes development projects that follow City's General plan and resonate with the suburba� characteristics of Cupertino. Over-sized projects are allowed so long as a majority of Cupertino voters find them acceptable. Stevens Creek Blvd., except the Vallco Shopping District and most of De Anza Blvd., are zoned for mixed use, including residential use. Most of these areas are not built out to the limits set in the General Plan or this initiative. Ample development opportunities for growth exist without requiring voters' approval. Paid for by Committee Supporting Cupertino Citizens'Sensible Growth Initiative,PO Box 1132,Cupertino,CA 95015,FPPC#1381645. 2 Q8: The City has a General Plan to guide decisions for future development, so why is the initiative necessary? A8: The initiative is necessary because the City Council intends to grant exceptions to individual development projects, some of which might more than double the height limit allowed in the General Plan. If granted, exceptions to the General Plan will alter the characteristics of Cupertino so that Cupertino will be indistinguishable from any other urban area. In September 2015, the City Council adopted a new General Plan Amendment application procedure to allow requests for General Plan Amendments from individual projects. The "Request-for-Exception" procedure was proposed in May 2015 after the City Council decided not to amend the General Plan when facing strong community opposition to increases in building heights to 70 feet, 100 feet, 145 feet and even up to 160 feet for many commercial sites in Cupertino. (The proposed building heights are shown in this flyer(link).) lnstead of addressing the community's concerns on increased heights, the Council adopted the Request-for-Exception procedure to permit exceptions to the General Plan for individual development projects, without any growth management measures as other Cities have done. At this point, when it comes to what a developer can ask for, almost literally, "The sky's the limit." Through the Request-for-Exception procedure, a development project can be approved for any height at any density as long as a majority of City Council members (3 of 5) approve, and regardless of any community opposition. Under the initiative, future proposals to amend the General Plan to accommodate individual development projects violating the General Plan's building heights, setbacks, building planes, and lot coverage could not be enacted unless approved by a majority of Cupertino voters. The decision will be in the hands of the voters, not in the hands of lobbyists or developers. Q9: Why is this initiative not only focused on Vallco? A9: The initiative is necessary because the City Council intends to grant exceptions to individual development projects besides Vallco, some of which might more than double the height limit allowed in the General Plan. For more on this, refer to "Q8: The City has a General Plan to guide decisions for future development, so why is the initiative necessary?" Q10: Why is the Vallco Shopping District referenced in the initiative? A10: On December 4, 2014, the City Council approved a General Plan amendment that granted exceptions to Vallco Shopping District to allow office use and an office allocation of 2,000,000 square feet. The Council also removed any height or setback limit, based solely on the developer's request, WITHOUT (1) meaningful consideration of other options and (2) deliberation on the impact to the community, including but not limited to traffic congestion and school overcrowding. The community was not given a chance to comment in public hearing of Vallco because the developer's request letter of 2,000,000-square-feet office, 600 housing units and a building height of up to 160 feet was buried inside thousands of pages of ineeting documents. Development limits in Vallco Shopping District were supposed to be defined in the Vallco Specific Plan, which is a document similar to the General Plan for a specific area. However, the developer is allowed to submit the project proposal without the City first adopting Vallco Specific Plan. The developer itself will write the specific plan, which will be tailored to fit the developer's project, rather than the project being designed to fit the City's plans. Paid for by Committee Supporting Cupertino Citizens'Sensible Growth Initiative, PO Box 1132,Cupertino,CA 95015, FPPC#1381645. 3 Under the initiative, project proposals that would relax the requirements for building heights, setbacks, building planes, lot coverage, and land use allocations within the Vallco Shopping District will need to be approved by a majority of Cupertino voters. The project approval process will involve meaningful consideration of other options and honest discussion of the impact to the community. Q11: At what stage is "The Hills at Vallco" project now? A11: "The Hills at Vallco" project proposal was subrtiitted in September 2015. The Environmental Impact Report (EIR) process officialty started in November 2015 after the 30-day commenting period for scopes of the study. The EIR process can take a year or more to complete. But since the City Counal allowed some EIR work for Vallco to start as ea�iy as March 2015, it is likely that the EIR will be complete in Spring 2016. Therefore, the Vallco project could be approved by the City Council as ea�iy as May 2016. Q12: Will the initiative stop "The Hills at Vallco" project? Al2: The initiative does not stop any project. lt only requires that City Council approval of over-sized projects be confirmed by Cupertino's voters. What happens with the Vallco project depends on the timing of the approval of the Vallco project relative to the adoption of the initiative. If the initiative is approved before the Vallco project, it will be up to the voters whether the Vallco project goes forward or not. If a project (for example, "The Hills at Vallco")were approved (induding completing environmental review) before the initiative became law, the only way to put the project on the ballot would be thraugh a referendum. Because the City Council has fast-tracked the approval process of"The Hills at Vallcon by starting some of the environmental review woHc in March 2015, it is possible that"The Hills at Vallco° will be approved before this initiative can become law. In that case, this initiative won't put"The Hills at Vallco" on the ballot. A referendum would be necessary to put"The Hills at Vallco" on the ballot. Q13: Will the initiative prevent residential or office use at Vallco Shopping District permanently? A13: Not at all. The initiative only requires voters' approval for any project in Vallco Shopping District that indudesresidential or office uses. Q14: Will voters need to vote often on amendments to the General Plan? A14: Almost certainly not. Ballot measures triggered by this initiative are expected to be rare, since vast majority of development projeds do follow the General Plan requirements, as they should. The General Plan, called the "constitution for future development" by the Califomia Supreme Court, is a long-term guide for the City's future development. As with the U.S. Constitution, amendments to the General Plan should only be made rarely, when required to change the City's long-term direction, not to suit individual developers' projects, especially when the deveioper-directed amendments will alter the characteristics of the City as described in the General Plan. Under the initiative, the City retains the right to amend most provisions of the General Plan when required, such as policies on multi-modal transportation or Housing Element. Only amendments to the General Plan that would change the policies and limits that are enacted by the initiative would require the voters' approval. Such amendments have been rare in the past. Therefore, ballot measures triggered by this initiative are expected to be rare also, unless the City Council continues to ignore the General Plan in deciding what project to approve projects. Paid for by Committee Supporting Cupertino Ci6zens'Sensible Growth Initiative,PO Box 1132,Cupertino,CA 95015,�PPC#1381645. 4 In the past 10 years, since the approval of 2000-2020 General Pian, there has been only one amendment to the General Plan that would have affected the parameters set in the initiative: the building plane for Tantau Road. Q15: Won't it be expensive to have an election every time an exception to the General Plan is sought? A15: Ballot measures triggered by this initiative are expected to be rare, unless the Council ignores the voters' will by continuing to approve over-sized projects that violate requirements set by the initiative. $34,000 is the estimated cost to add a measure to the ballot for voter approval. With approximately 27,000 registered voters, $1.25 per registered voter is a small price to pay to ensure that future development meets the vision of a majority of Cupertino voters. Making changes to the City's long-term policy direction should not be a decision made casually. Q16: Are the supporters of this initiative NIMBYs? Are they against growth? A16: NIMBY (Not In My Back Yard) is a term usually applied by people promoting large new development projects to discredit those opposing the project. It's not "NIMBY" to ask that the City have, and stick to, a reasonable plan for its long-term growth. This initiative represents responsible, balanced growth, not NIMBYism. For more on sensible growth, refer to "Q7: With this initiative, will there be no growth at all in Cupertino?" Q17: What's an initiative? WhaYs a referendum? A17: An initiative is a citizen-initiated proposal of a new law or an amendment to existing law, such as the General Plan or the Constitution. The initiative and referendum processes were enshrined in the California Constitution over 100 years ago. An initiative is qualified for the ballot by petition, that is, by collecting signatures of 10% of registered voters within 180 days. If an initiative qualifies and is then approved at an election, the initiative is enacted as a law or as an amendment. A referendum is a citizen-initiated challenge to a law that was previously enacted by the City Council. A referendum is also qualified for the ballot by a citizen petition, by collecting signatures of 10% of registered voters within 30 days. Once the petition has qualified, the city counci) must either rescind the law or place it on the ballot for t6he voters to decide. A law that is rescinded through a referendum cannot be reconsidered by the city for at least one year. Q18: What is General Plan?Why is this initiative a General Plan Amendment? A18: For California cities, a general plan is the primary document for setting land uses. The California Supreme Court has called the general plan the Constitution for a city's land uses. The Legislature has declared that no land use decision inconsistent with the general plan can be approved. In December 2014, the City Council changed the General Plan to replace retail use in the Vallco Shopping District with a mixture of retail (about half the square footage of the current allocation), office (2 million square feet), residential (389 units), and a hotel. At this point, other than the City Council reversing its decision, the only way to undo the City Council's December 2014 decision is to amend the General Plan using the initiative process. Paid for by Committee Supporting Cupertino Citizens'Sensible Growth Initiative,PO Box 1132,Cupertino,CA 95015, FPPC#1381645. 5 CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE A MEASURE AMENDING THE CUPERTINO GENERAL PLAN TO ENSURE BALANCED AND SENSIBLE GROWTH BY MAINTAINING CITYWIDE LIMITS ON THE INTENSITY OF NEW DEVELOPMENT, PRESERVING AND ENHANCING THE VALLCO SHOPPING DISTRICT FOR RETAIL, HOTEL, DINING AND ENTERTAINMENT COMMERCIAL USES ONLY AND REQUIRING A VOTE OF THE PEOPLE TO MODIFY THOSE LIMITS AND USES. THE PEOPLE OF THE CITY OF CUPERTINO DO ORDAIN AS FOLLOWS: PART I. TITLE This measure shall be called the CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE PART II. FINDINGS The people of Cupertino hereby find that: A. The City of Cupertino needs binding standards to guide new development within the City. B. Cupertino's citizens wish to maintain control over the long-term direction of that development. C. The City needs to develop in a moderate and controlled way that provides the housing, shopping,jobs, infrastructure, and amenities that will serve the best interests of City residents while avoiding overdevelopment and its associated traffic and other impacts. D. The long-term direction provided by the City's General Plan must be implemented through its specific plans and zoning ordinance without being subject to change due to pressure from the profit-driven proponents of specific projects. E. The City must protect the development density and intensity standards set by the General Plan through limits on heights, setbacks and building planes to prevent distortion of the desirable characteristics of the City through the influence of developers and other outside interests. F. The availability of sufficient retail commercial space is essential to the wellbeing of the City, its current and future residents, and its workers. PART III. PURPOSE This initiative ineasure (the "Initiative") has three purposes. If approved by the voters of Cupertino and enacted, it will (1) control the intensity of new development by setting general citywide limits on building heights, setbacks, building planes and lot coverage in Cupertino that will provide long-term direction, (2) preserve and enhance the Vallco Shopping District for retail, 1 hotel, dining and entertainment commercial uses and(3)require that changes or exceptions to :� those limits and uses be presented to and approved by the voters of Cupertino. Under this Initiative, the General Plan(Community Vision 2015-2040)—hereinafter refened to as "General Plan," specific plans and conceptual plans, and zoning ordinance would be enforced and not amended on an ad hoc basis to suit individual development projects. The standards in this Initiative are intended to strengthen these plans to protect Cupertino's vibrant mixed use atmosphere, schools, and streetscapes,to limit traffic and congestion, and to promote public safety. PART IV. GENERAL PLAN AMENDMENT The General Plan is hereby amended by enacting or reenacting segments of that general plan as follows: Note:All numbering of sections, policies, strategies,tables, and figures herein follows that of the General Plan as amended on October 20, 2015. Following the adoption of the Initiative,the General Plan's sections, policies, strategies, tables, and figures, and all internal references thereto, shall be renumbered in a logical order, and tables and figures shall be modified to conform to the Initiative's changes to the General Plan's text, as specified herein. Section 1. Chapter 1 —Introduction 4 a. The last paragraph of the Section entitled "Purpose of Community Vision 2040 " as of October 20, 2015, is amended as follows: Due to the breadth of topics covered in Community Vision 2040, conflicts between mutually- desirable goals are inevitable. For instance, increased automobile mobility may conflict with a safe, walkable community. This document reconciles these conflicts in the interest of building a cohesive community bv placin�a prioritv upon maintainin�the well-bein og f Cupertino residents. Per State law, every goal and policy in this plan has equal weight. tkc,�e�:'��^+�^��ge�a�-e��emm„�;*�, T�� Harmonization of possible conflicts between�oals and policies in this plan shall be �uided bv an understandin� that the General Plan reflects conscious choices that the City makes in the interest of building community and protectin� its residents. That harmonization shall also reco�nize that changes made through this Initiative are intended to modify and supersede anv section,polic , sv trategy, table, or diagram that mi�ht otherwise conflict with the amendments being made b� Initiative, and the General Plan shall be conformed accordin�lv. b. A new paragraph is added to the Section entitled "Purpose of Community Vision 2040" as of October 20,2015 as follows: Portions of the General Plan were enacted or reenacted in 2016 bv a voter initiative.A copy of � that initiative shall be appended to the General Plan as an appendix unless or until that 2 requirement is changed or rescinded by the voters. It is the intent of the voters of Cupertino that, in interpreting and harmonizin� the provisions of the General Plan, prioritv be given to ensurin� that the provisions enacted or reenacted by the 2016 voter initiative be followed and implemented to the fullest extent possible. Section 2. Chapter 2 –Planning Areas a. The Section "Vision" for the Vallco Shopping District Special Area is amended as follows: The Vallco Shopping District will continue to function as a major regional and community destination. The City envisions this area as a nc��e� �•�� "*��=m ��„*�r" n��' gateway for Cupertino providin� a unique and memorable shoppin ,�ing and entertainment experience with a�propriate bicvcle and pedestrian-friendly access. r+ .,,;" ;„�'„a� �~ ;~+�r��~~��+��' �+~��+ --;a -��*��,�r�- ��;��,�� r� ��a��*r;�r_�r;��-��r �tr��+� �More pedestrian-oriented buildings � — with active uses mav line�g Stevens Creek Boulevard and Wolfe Road�with publicly- accessible parks and plazas that support the pedestrian-oriented feel of the revitalized area. New development in the Vallco Shopping District�must�� r�^��r�a *^ provide buffers�e�ee�� to protect adjacent single-family neighborhoods in the form of boundary walls, setbacks, landscaping or building transitions. Section 3. Chapter 3–Land Use and Community Desi�n Element a. The Section "Context" is amended as follows: The first paragraph of the subsection "Economic Vitality" is amended as follows: 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. The General Plan��e^�^� �r^�=�*'� recognizes the need to retain balanced r�to support�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 neighborhood centers, which contribute to the City's tax base and serve community needs. Table LU-1: "CITYWIDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040" is amended by the additions and strikeouts shown below. 3 � : r � ♦ - * � • � : i � � . � i Heart of tk,e 1,898" 562` 1.351,734 2,145,000 793.270 2.447,500 2.464,613 17,ti3 4i>4 526 iZ2 1,33b �^` �+4�1i Grty ' Vatico Shoppmg 1.207.714 1,2C?7,7?4 • . —�896;&(38� �6qr� 148 334 191 . 394- 3gy+- DeSV Kt'' Horreestead 241.4s38 291,�8 b9,SS0 64,550 - 126 12b - b60 754 154 N.De Mza 56,7�H 56,709 - 2,OS1,021 2,091.02t - t23 123 - 49 t46 97 � N.Vat}co 433,147 133,Z47 - 3.fl69.blb 3,Od9,676 . 315 315 - 554 –�#�,-��6�A- �7�G0 S.DeAreza 352,283 352,283 - t3Q,7p8 130.7Q8 . - _ - (a („ _ Bubb - - - 444.753 444.753 - - - - - � lMo�ta V'nta Yil[aqe 4�.�� ,64fl 5,647 443„34Q 456.735 13,545 - - - $29 879 50 thhes tA.4,964 144,9bd - 119,$4G 119.84b . - - • 18.039 1$,�h6 12? Major Empioyers " _ ' ��,435 h33,053 523.118 - - - - - _ 9,470,005` 553,826 23,148` 1,73g• C,tyrrrde 3,6320d5 4,430,982 798417 8,91b.179 }�i-�i,�}$H5 ��..$�(, 1,11b 1,429 313 21,412 7S.38S. -4-�88� '-�umbers indicated by a single asterisk may be changed through the�ormal generai pian amendment proeess. . i'�d'T:��li�Y�••.��•••� _�YlfiiQ'.IYRKf•''biii.:�l•aJ,f�"C[.'__:� .1'1�._�".... �""" The subsection "Site and Building Design" is amended as follows: Policv LU-3.0: Community Form The maximum hei�hts and densities for the special areas shown in the Communit F� Dia r� am (Fi�ure LU-1) shall not be exceeded. Outside of the Special Areas shown in Fi�ure LU- 1, buildin�heights mav not exceed 45 feet. Buildin�hei�ht shall be measured to the hi� point of the buildin�, excludin��poles, antennae, minor mechanical boxes or roof vent protrusions which are not easilv visible.A below-�rade structure is not counted towards buildin� hei�ht. For an�project of over 50,000 sq. ft. of building area, maximum lot coverage shall not exceed 70%. No provision allowin� additional hei�ht or density, modifving maximum lot covera�e, buildin� plane, or minimum setback to relax the standards set in this General Plan, other than those mandated bv state law, shall be allowed: Figure LU-1 "Community Form Diagram" and the Land Use Map (shown below in their current form) shall be conformed to the requirements set by Policy LU-3.0, Policy LU-3.2, Policy LU-19.2 and the density changes identified in Footnotes (a) through (c) in the new Table HE 5.5 [previously Appendix B Table S.SJ as shown in Section 3 of this Part IV. • , \ �' • ' 5 , � j Stdltng Gsteway Figure LU-1 '' '".,,.,�,s�,�„ w�„w COMM�7�'Y FORM DIAGRAM 15'"'"°""""'�""°"'"d"�,""'''"°s"`"'`"'°'' „"""""°""" �"� Nwd�D�AntsGatrwap n�� as wa o«.c..l.w,n�.«a mm.r dueo„e se�iny po.�u M..t�n�.�ri.tyAe M..�..a+w.wrl wn.q +Y MoYw.n Mr:qN �5�e.� 35 u�w pw sw Wirt d NbH�Rd ,tilN1 :.�.. MnY�wnIM01N MuinwnRnlMnlWDudy . �.�.r�.:, .�. . • �: . _ �� *. n��..' ...�InN�S�FAC0.n I �SINI 25wWpN�et� MLY�IINM11 R�SMNIII�vw.w�� f ��+ •�•�••�,•.�••- __....-._._.... a..w. �Myj�yyn IMi�ly � Up f0�S W1il�P�f KI�PK W Mf►�P�IM1 Ve1d�M�V j � . �+'r f FJ�t O�MGH�� t S umts PM aa�koaA�m can�r o/Hom�st�ad Road � '. 1 � . / 1 1 � �+eMw.n i4rd.Mtd Wn�My and Blanay Aven�1 '. � � i p'..._ _.. � � 1 t 25 wa o«sen .1 , • � i •,, - _ M'i �mH.+yhl .�,,.:,._. :.,.,.«.. �* 'Y�'.�` t�'•+...�� _. _ __ i � ,__• �s��bc.c.e..�so4.�aw i . ♦ 1'. r.. � M i�w �WM�MoM. �: �,`, �` ��a�h Cww+2w ♦� 1 i M+.+d „„ � `� �;,..��,.: � ` da�ro��.cwd60 t "� �.^ .' 4� �Id/�� '_"„�� 1t �.��i { � � � " � M c.:;d � ioa��y ± OalaGst�way � � � � i . M ,Me�qh[ �:. AWM�wYnR�adw+UiDwXr � _..._. .�__�, . :,.i�. � ��°"� � �i'1?j1" ;� '�a"� ' South Valko P�Ac � : , ' � �.,'`� �s 4a � i'T r�,^ , ` _ _F . 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'.� Mprt of the Cit , , y •••••• Uiban Tranfition r ` ��_...�....�..� � �•. �North D�Arus ��••�.Ciry Boundsry t ��lfj� i South De Anza Boulwards(ArH.i�W • ';�y �� t�� Monq Visb VY4ge Awnwr(Major Cd�ctws) Ma u Rcs�dc t al De�sity �'� ~xr . 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O5� , r �"`-"i,,,,.�`'�..� � �,�,..��.,,..�.�.._,� T In order to assure the retentioa and enforcement of City guidelines not currently included '"'�� in the General Plan, the following policies are amended as shown Policy LU-3.2: Building Heightsl� Set6ack Ratios, Stepbacks and Buildin�Planes: Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU- 1) and as described below.As indicated in the figure, taller heights are focused on major corridors, gateways and nodes. Setback ratios are established to ensure that the desired relationship of buildings to the street is achieved. Policv LU-3.2.1: Additional Floor Area. In anv area where an increase in the maximum building hei ng t is �ranted in exchange for ground floor retail, no more than 1 square foot of additional floor area above the otherwise-applicable height limit may be allowed for everv 1 square foot of�round floor retail. In anv such exchange, all �round floor retail must be fullv accessible to the public during operatin h� Policy LU-3.2.2: Rooftop Hei�ht Extensions. Rooftop mechanical equipment and utility structures other than cell phone transmission antennae, but no other structures or buildin� features, mav exceed stipulated hei�ht limitations shown in Figure LU-1 if they are enclosed, centrallv located on the roof and not visible from adjacent streets. Policy LU-3.2.3: North De Anza Boulevard. For the area from I-280 south to Alves Drive on the west and from I-280 south to St. Joseph's Church on the east, not includin� St. Joseph's Church: � • For all new construction, there shall be landscaped setback areas extending a minimum of 50-ft. from curb line.Alternatively, the landscaped setback areas adjacent to North De Anza Blvd. may have a varied depth but a minimum square foota�e equal to the lot frontage distance multiplied bv 50 ft., and a minimum setback distance at anv point of 35 ft. from curb line. Policy LU-3.2.4: Stevens Creek Boulevard • The minimum setback on both sides of Stevens Creek Boulevard from CA-85 to the eastern boundarv of the Citv of Cupertino is no less than 35 feet from the curb line. • On both sides of Stevens Creek Boulevard from CA-85 to Perimeter Road buildin sg shall be below a 1:1 (i.e. 1 foot of stepback for everv 1 foot of buildin��ht drawn from the curb line) slope line drawn from the Stevens Creek Boulevard curb line. • On the north side of Stevens Creek Boulevard from Perimeter Road to the eastern boundary of the Citv of Cupertino buildings shall be below a 1.5:1 (i.e. 1.5 feet of stepback for everv 1 foot of building hei�ht drawn from the curb line) slope line drawn from the Stevens Creek Boulevard curb line. • On the south side of Stevens Creek Boulevard from Perimeter Road to the eastern boundarv of the City of Cupertino buildin�s shall be below a 1:1 slope line drawn from � the Stevens Creek Boulevard curb line. 8 � • � Policy LU-3.2.5: Homestead Road in the North Vallco Park Area On Homestead Road from Linnet Lane (west of Wolfe Road) to Swallow Drive (east of Wolfe Road buildings shall be below a 1.5:1 slope line drawn from the Homestead Road curb line. Policv LU-3.2.6: Building Planes on ArteriaVBoulevard Streets. Unless specified in other LU-3.2 policies, all other arterial/boulevard streets buildings shall be below a 1:1 (i.e. 1 foot of stepback for everv 1 foot of buildin�hei�ht drawn from the curb line) slope line drawn from the curb line or lines. The Subsection "City Center Subarea" is amended as follows: Strategy LU-16.1.3: Building form. The form of�buildings should, throu�h the use of step- downs and setbacks, be designed'��m��'�r�+�'�� '�a to transition from�g taller buildings �new or existing�to the scale of the surrounding area. +,.,,r�;�;,,,,� �„ �+ ;,,�„�t,o � „a;�n „ I The subsection "Vallco Shopping District Special Area" is amended as follows: ! Vallco Shopping District Special Area The City e�is�encoura�es the renovation and improvement of�e��g Cupertino's " Vallco� Shoppin�Mall while maintainin i� ts important role as a retail shopping center serving Cupertino's residents and regional visitors. � ^^m^'�+� r��'��,�'^^m�^+ ^�+'�� ;�+;„�- « �� t$r�t�cemm„„;*�� T'�;� „�«�As renovated,the Vallco Shopping District will become a 'I destination for shopping, dining and entertainment in the Santa Clara Valley. GOAL LU-19 (`D� A T� A T1 T C TTl�TI''T A T�TTI A ii�'A iT(11? A R T � A iirY��p�' «T!l�l�IT�T ', r'�ATT�i?�� Tu nT Tc p�SERVE AND ENHANCE THE VALLCO '' I SHOPPING DISTRICT AS A LOCAL AND REGIONAL RETAIL, HOTEL, �� DINING AND ENTERTAINMENT COMMERCIAL DESTINATION AND A FOCAL POINT FOR THE COMMUNITY ' Policy LU-19.1: Specific Plan I Create a Vallco Shopping District Specific Plan prior to any development or other significant changes in use on the site that lays out the land uses, design standards and guidelines, and infrastructure improvements required. The Specific Plan will be based on the following strategies: � �} 9 Strategy LU-19.1.2: Parcel assembly. Parcel assembly and a plan for�e redevelopment ""'� of the site is required . Pazcelization is highly discouraged in order to preserve the site for redevelopment in the future. « �� Strategy LU-19.1.4: Land use.The following uses aze allowed on the site �� '��r� r T T , �r 1. Retail: High-performing retail, restaurant and entertainment uses. Maintain a minimum of g99;989 1,200,000 square feet of retail/dining/entertainment that provide a good source of sales tax for the City and provides hi�quality convenient shoppin� for residents of the city and surroundin� areas. Entertainment uses may be included but shall consist of no more than 30 percent of retail uses. 2. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. � �x-a�r-��Et��e�se��e�e�i�e�� • . « �� « �� > > > *��e� ,,.,a �,,,;�a;,,,.�.,�„i,.,... Strategy LU-19.1.6: Connectivity. �*„��*� '��•�'�••�r�'� ' An�ges to the existing circulation pattern as part of a � development or revision should be pedestrian-oriented, connects to existing streets, and create� walkable urban blocks for buildings and open space. It should also incorporate transit facilities, provide connections to other transit nodes and coordinate with the potential expansion of Wolfe Road bridge over Interstate 280 to continue the walkable, bikeable boulevard concept along Wolfe Road. ��Anv such development or revision should also contribute towards a study and improvements to a potential Interstate 280 trail along the drainage channel south of the freeway and provide pedestrian and bicycle connections from the project sites to the trail. Strategy LU-19.1.8: Open space: Ground-level 9open space areas �^ *�� f-�^� ^�� ^��*r�' *�.�m �t�e=��-��c,�t�i�t��e�spe�sec�� " " should be included that create community gathering spaces, locations for public art, and event space for � community events- 10 . • � Policv LU-19.2: The Vallco Shopping District shall continue to be devoted to retail, hotel, dinin��and entertainment commercial use. No residential or office use shall be allowed. Building heights shall be restricted to a m�imum of 45 feet. Figure LU-1 and the Land Use Map shall be I conformed to this polic� The subsection "North Vallco Park Special Area" is amended as follows: Policy LU-20.3: Building Form. Buildings in the retail and hotel area should provide active, pedestrian-oriented uses along the street. Buildings�shall transition to fit the scale of the surrounding axea. Taller buildings ske�-shall provide appropriate transitions to fit into the surrounding area. In addition to the height limits established in the Community Form Diagram, buildings abutting the campus shall incorporate appropriate setbacks, landscaped buffering, and building height transitions to minimize privacy and security impacts. Section 4. Chapter 4—Housin�Element a. The Section "Housing Resources" is amended as follows: �,, The subsection "Overview of Available Sites for Housing" is amended in its second and third paragraphs as follows: Fi ure HE-1 indicates the available residential development opportunity sites to meet and exceed g the identified regional housing need pursuant to the RHNA. The opportunity sites can accommodate infill development of up to �48�1,386 residential units on properties zoned for densities of 20 dwelling units to the acre or more. The potential sites inventory is organized by geographic area and in particular, by mixed use corridors. The sites identified to meet the near term development potential are shown in Table HE-5. �n�•=m �„ T��.'o u� c� �;+o� ;ao„�;�;oa �„ � � • Because redevelopment of the Vallco Shopping District, Site A2�:, cannot involve additional housin� units, , *l,o DL7ATA ;�., C,,.o,,;�,. Dl�„ ; .,r � ,o.a . ,;*1,;,, �l„-oo �ra�«� .,fL7�,,,�;,�,�. �lo,Y,o„� �.a.,,�.�;�„�, T�;� ��r*;��-��, „,�„ ��"�a the Citv must follow its contin�enc�plan to meet the RHNA, known as Scenario B ��discussed further in General Plan Appendix B); . Scenario B� involves the City removing Vallco Shopping District from its inventorv of available sites for housin�, adding other�e priority sites to the inventory, and also increasing the density/allowable units on some of the other priority sites. Figure HE-1: Priority Housing Element Sites: Scenario A is deleted in its entirety and replaced by Figure B-8 from Appendix B, page B-148,which shall be relabeled as Figure HE-1: Priority Housing Element Sites—Scenario B. Both the current Figure HE-1 and � Figure B-8 are provided below. il Figure HE-1 � �..� � Priority Housing Element Sites: Scenario A Applicable if Vallco Specific Plan is adopted by May 31,2018 If Vallco Specific Plan is not adopted by May 3i,2018,the designated Priority Housing Element Sites wil!be as shown in General Plan Appendix B,Section 5.5:Residentiai Sites Inventory-Scenario 8. North Vallco Park: �\ 600 Units �j �� LosAlms ��_ __ Sun-yvale -_- 1 �r 1..i._-__ ` �� ']�.� �� ' �.� �.�. x.�� l � . � .--�-:- ��_,,..� . � L� �,. g : soou�xs.� _� � Z..�`'t �� S_..,�t. � '�PPo 9 � Sho in `� , , ,� _ ' „=w„m, Distrid: � � �� 1 � � � �"'"w` �+► 389 Units / �, : / �� i�� ,��'�'`�—�'/ %��-�-. Santa Clara �u_Ma,��a�. � ��' �, � 7D01Ntt . ..�'200unN� .� .-...,.r.�.:,...... � �� ,� � i�iqon(� L.�,�� I \ i \ � '��+ -) ' ! ` j_tt� d �( . e �� ; �� a_'' - � 1 � l � � i ` ,_J ----� � � � -- � + --• � � � �. � �. t � ' `� ------- t : �____._�---s \,� �.... ____ ---_-�_�l � � � • ; � '� Heart of the �.`� '% �` � SanJose C�� ,. l i �� ` 411 Units _ ` � f __ --�_� `, � , t /� i ` i ��J`' �^ r` -� � � � . .� ! �`, + J � • -- - �.�------}__--__�� < < � ,� � �-�� Legend ,/ . � � . VI City Boundary Housing Elements Sites –^--- Urban Service Area Boundary yrppriority -- Sphere of Influence Development Area _--- Boundary Agreement Line ___ �P�A� ,----- - � Site Number.Realistic � ', UnincorporatedAreas 1p1° Capacity.�.:�.a� ._..... ......, w«xr„s�+Aes+`d 0 OS IMik """•"�'wo�rrb'^a TSpecial Areas o ,�Fre� o soo ��„ Heart of the City � �]North Vallco Park [— Vallco Shopping District • 12 . . � Figure B-8 Prioirity Housing Element Sites - Scenario B Applicable if Vallco Specific Plan is not adopted by May 31,2018 Homestead: North Vallco ' 132 Units Park: ' � ��..,..� 750 Units ; � . los AkM � Suneyval° mw+u �,��•��_ � ___ r� , •�,-_�� ,»,. ��..�:� �� `. "" � ��...,..�� a k � � � �� t ,� � `�._� }��-.-,.. �`•.._„ _ ___�l,_ . _ � na,.�. , I C �� __ —� �� r , � ,�� ( �� ' � � � 1 � F �+w,m , € ,... ( �� S�nta G ; � _.._� . , x. �� f t �,..r.. _ � �', aro n_ t r k �. �,�_ . < i r:,� -- a i� f � � �u��s+..��. � �if �/ � IR:db . __,�. Le;'onn� � _..�.,__..i i �s`/ � 31S��a! ' . ikv ...� F ♦ 1 F ��, � � �'; 1� �` _.��.� ar` 7= —�— � ;% � . ,_. f � r � � 9 � � , � �j � � �� _..__• , _ ,-- 1 + ("„- �' � '`�� -.�, i � l '� '�+„_,--._ __�__._..__ry t + __ , �----s `� � , _.:t �"�� ` � /� Heart of the � . s'"'r�° Ci � � � 'St� � 504 Units � ! ��_� 't,ti � _,.,. � . � �' ° � �k� ' � t. �,� _._-' � �"S � / �„ 1 �,. i / ' 1 f �1 i � 1 r.J � � ; �,,r_.____.�..�--.._� � i , /' �., � �� -'� Legend ,,.• � .; _____.._._� CiryBoundary �NousingElements '_ _-__ Sites _-��-- Urban Service Area Boundary , yTA Priwity - Sphere of tnfluence DevelopmentArea __�.. Boundary Agreement Line -- ��A� , �� SiteNumber:ReaBstfc �-- j Uninco�porated Areas "'�` � dt.w,.w,w.� ___...____, Pe Y ,F. oo.�,u,y�„nr as.s 0 0.5 t MAe �r«.we.:nx,N TSpecial Areas/Neighborhoods o ,�� o � i�� Heart of the City � Nortfi VaOco Park y.�"`�Homestead Table HE-5: "SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE RHNA-SCENARIO A" is deleted in its entirety and replaced by Table 5.5 from Appendix B, page B-153,which shall be relabeled as Table HE-5: SUMMARY OF PRIORITY HOUSING SITES- SCENARIO B. Both the current Table HE-5 and the replacement Table 5.5 are provided below: ��.- 13 f � ♦ 1 � 1 � • � � • � • • � � • � � • • � , •�Y•i;• •_ ' � �_ , o.� . ., ' ' High Density North 75 ft; or 60 ft in certain Site A1 (The Hamptons) P(Res) Vallco Park 85 locations*; 600 net Site A2(Vallco RSJO/R Vallco height to be determined P(Regional Shopping) Shopping 35 in Vallco Shopping 389 Shopping District) & P(CG) District District Specific Plan Site A3(The Oaks C/R Heart of 45 ft Shopping Center) P(CG, Res) the City 30 200 C/O/R Heart of Site A4(Marina Plaza) P(CG, Res) the City 35 45 ft 200 Site A5(Barry Swenson) C��R Heart of 25 45 ft 11 P(CG, Res) the City Total 1,400� Notes:Zoning for Site A2{Vaticoj wil(be determined by Specific Plan to allow residential uses.Site A1(Hamptons)height fimit of 60 feet is applicable for buildings located within 50 feet of property lines abutting Wolfe Rd,Pruneridge Ave.&Apple Campus 2 site.Site A2 Nallco) height will be determined by Specific Plan.For more detail on height limits,see Land Use and Community Desigr Element;Frgure LU-1. • • ' • • - _� rlll,l I�� . .., •� s •�• r�o• _ _ �� '.°n ' " " � � _ Site B1 {Hamptons) North Vallco Park High Density 99�a� 12.44 750 Very Low/ P(Res) Low Site B2(The Oaks Heart of the City C/R 35 �b� 7.9 235 Very Low/ Shopping Center) P(CG, Res) Low Site B3 (Marina Plaza) Heart of the City C/O/R 35 b.86 200 Very Low/ P(CG, Res) Low Site B4(Barry Heart of the City C/O/R 25 0.55 11 Very Low/ Swenson) P(CG, Res) Low Site B5(Glenbrook Heart of the City Medium Density 20 31.3 58 Very Low! Apartments) R3(10-20) �ow Site Bb(Homestead Homestead C/R t�� 35 �� 5.1 132 Very Lowf Lanes and Adjacency) P(CG, Res)�� Low Total �� ,�.- �_ a.__ 64.24 1,386 � .�_..�. __ Notes: (a)A General Plan Amendement and zoning change will be ncessary to allow the increase in density from 85 to 99 units per acre on Site B1. (b)A General Plan Amendment and zoning change will be necessary to allow the increase in density from 30 to 35 units per acre o�Site B2. (c)A General Plan Amendment and zoning change will be necessary to allow residential uses at 35 units per acre on Site Bb.Existing zoning for Site B6 is P(Rec,Enter). (d)Realistic capacity reduces the maximum develoPable units by 15 percent on Sites B1,82,63,64,and 66.Realistic capacity of Site B5 is(d) reduced by 46 percent due to existing site constraints. (e) Identified capacity of sites that allow development densities of at least 20 units per acre are credited toward the lower-i�come RHNA based on State law.Pursuant to Govemment Code Section 65583.2(c)(3}(B),local governments may utilize"default"density standards to provide evidence that"appropriate zoning"is in place to support the development of housing for very-low and low-income households.The default � density standard for Cupertino and other suburban�urisd�ctions in Santa Clara County is 20 dwelling units per acre(DUA)or more. (fl Realistic capaciiy for sites Bt and BS represent net new units. 14 J � • � � b. The Section "Housing Plan" is amended as follows: The subsectio� "Implementing Strategies" is ame�ded as follows: The fifth bullet point under Strategy 1: Land Use Policy and Zoning Provisions is amended as follows: � Priority Housing Sites:As part of the Housing Element update, the City has identified€rv�priority sites under Scenario-�4 B-(see Table HE-5) for residential development over the next eight years. The General Plan and zoning designations will allow the densities for this development. ��=m ;� T��.�o u� c �,. �� ;�o� a�,.o�*+�,a I v��,.,, ct,,,,.,.;,,,. r�:��m,.+ �;�o �c;�o n�� rrt,o ,.oao..oi„�,�,ont��.,ii,.,, ��,,,.,r:�,. r�;��,.;,.+ I � � t�.'LA�4-z'29Z. ' �e��4�3��8 . .4c. ti.. `r�4 n4 n �miim �or�c�i4cr ��7n + .+n ��'�Y 7 7 r�„ao co,.+;,,,, �c4�� „ ,,,,,,�;ao,.,.o,.,,,,..;,,.�v�i�,.� �� .,,.;,,,.;t�s�i,,,. �;�o „�ao,. �. e„o�„�;,, n .,, �.e ,. r�,,,.va t,., �;+o� ;ao„*;�;oa ;,, c,.o„�,.;,, �z r��a ao�,,:ioa a;�,.,,��;,,,, .,,,a � �• {cc(� ' T2�7 � A �� $ u � �'.� mor�4 Tnn�v�ino� /�rrnr��iv�. � srt�S-��ig-v�vC�luii��zTrpp2�icriir- �r`��zcrrrcrrrrccmzrcaTTTPP��T � � o,..,,;,+oa , ,,;�� ,,,, T�,o Llnmr4�r�o .,,,a -r�,o n�v�. �;+o�_All sites in Scenario B, except the Homestead Lanes, have�applicable zoning�s in place_�r�"��'�-��'� "��-��„+�; '��•_��-��r*'�� The Homestead Lanes site will�need to be rezoned �++��to permit residential uses.Any rezoning required will allow residential uses by right at a minimum density of 20 units per acre. Delete the following table: � 15 . -. . eupertino Department of • 3 Respansible Ag�ncies: Community DevelopmeniJ � � Planning [�ivision Ongaing; Adopt Specific P{an and rezoning fo�Vaflco by May 31, Time Frame: 2018; otherwise, cond�,ct pubiic hearings to consider adoption of "Sce�ario B" of sites strategy. F�nding Sources: None �equired 1,064 units (178 extremely low-, 178 very low-, 207 !ow-, Quantified Objectives: 231 moderate- and 270 above mode�ate-income units) Part V: EXEMPTIONS FOR CERTAIN PROJECTS This Initiative shall not apply to any development project which has obtained as of the effective date of this Initiative a vested right pursuant to State law. Part VI: EFFECTIVE DATE, PRIORITY,AND CONSISTENCY This Initiative shall become effective immediately upon the certification of the election results. Within six (6) months of the effective date of this measure, all provisions of the municipal code, ordinances, including zoning ordinances, resolutions, administrative policies, general plans, specific plans, conceptual plans or any other plan of the City shall be revised and amended to make them conform with the provisions of this Initiative. Until such time as the above referenced ordinances and plans have been so revised and amended, the provisions of this Initiative shall prevail over any conflicting provisions. Part VII: SEVERABILITY The people of Cupertino hereby declare that they intend to enact each and every provision of this Initiative regardless of the presence or absence of any other provision, and to that extent all of the provisions of this Initiative are to be considered severable. In the event a final judgment of a court of competent jurisdiction determines that any provision, section, subsection, sentences, clause, or phrase or application of this Initiative measure is found to be invalid or unenforceable for any reason, the invalid or unenforceable portion shall be severed from this measure, and the remaining portions of this measure shall remain in full force. Part VIII: AMENDMENT OR REPEAL Except as otherwise indicated herein, this Initiative may be amended or repealed only by the „� voters at a City election. 16 ti° CIT'Y ATTOI�T�X'S;$A.LI�.C�'T_T,I'TL,�;A.NI�.S�J1VIl!!!1�-I�Y,FC�I�:'�';1�.OP�S'E�INI'TIl�'T��T.� � S�1V.�T'TEIa::OlV:NO�TEl\2F�ET��;24;2015°i�f-. ,,..�:� -: r A`.:. ' :-� �'��'IL� �nitiative arnendia�.g:.�Cxxpe�tino's General�.P�an,to limit r�clevelopment:::of;the v i�i �T�ll�o Shopping:I�ist�ict;:li�nit?:builcl�g;hei�hts�;ai�clalot-;co�era�es_�i��a�eas�throu�l�out :-;. tli.e Cify, establish new setbacks ancl buildin�pla.nes on majc�r tho�oughfares, and requtir�.Vofe�,approval�for.3 any,changes-to;t�iese t��'�i71Sfl�riS,. �:z�� , :r�- .: ,�; . .�f�, t .. ��.E : .;; . ''�f f r �a . _ (.7_ c ?is_._v`a' ,. .1�:i�.,E.z :�: , �F�.'d i_;. .7� �.. .. ' '�`�r...�t_' _. .. 7��.. �� „_�._. T �bTI�I�[1�IL��:As�equi�ed by State law, �:li.e�ity�f Cup�rtin�'s G�neral�la�n�stablish�s pe�isslb�e:ilancl-;_uses,jrnaXirn.�xm�d�velopment;d�nslti:es;�andf interisit�es::fo�<�all >r., t:° .5 t , properti.es.witlz�n the �ity. `Che City rece�tly�ompl"e:ted: asmulh'-;y�ar;pla�ing�.effort. �. h' that resu�tecl ira fhe adopfion of its Ger�eral I'lan{�omm�unity�Iision.2015-2040�, intended to guic�e develc�p�nent through th�yea��040 t� ��:.�:: : ' "'" ,t f 1 . .. � , ,. .. . , . .._ ,. .�..��T ...� ..i 'The iriitiative amends Cupertino's General I'lan i.�►s�vera�ways, flnclucling P�C1113]C�TTpI.E'11tS�l"�p: f�t2�T1IIC0 S�i��Jlll.g T�1Str1Cf;building heighfs, sefbacks,pl�es, and. lot�ov�rage ir►othe�areas of th�City;�°esid�ntial all�catic�n;�nd th��II�using]Element. ��r t11��Tallco 5hopping I�istrict,tl�e initiative: (1) �emov�s the�eneral T'lan's vision il fo�t�e "�ompl�t��edev�lopm�nt of th�existing iTallco�ashi�n Ma�1 into a vibrant � mixed.use`town cente�'" and restates the City'��oal�s to "preserve and e�anee the iTallco Shopping District as a loca�ancl regional retail,h�tel, d.in�g and.�ntertainment coinrner�ia�'destination. . . . "; (2) prol�i�bits re�idential and a�fice uses, (3) restri�ts builcling heights to a maximum of 45 feet;and (4)i�c�eases tlle rrr�inirnurn square foofage�f retayl/dining/entertain�nenf uses frogn 600,000 to 1,200,000 square fee-�. In other areas csf f.h��ity,the inifiative: (1) prohi�bits building heighfs greater fh�a� 45 f�et ex��t in l�Tortli.Vallco Pa�k and. Sout��Ta11co P�rk{G�t�way wit�irf.t�ae�I�art o�t�i.� City Special 1-�.�°�a;(Z) adds polici�s r�gard��setba�ks, "stepbacks," "buildin�plan�s;' ancl x�ooftop height extensi�ns citywicl�; {3)'adds specifi,c polieies app�icable ta 1Vorth I�e Ar�za�oul�vard, Stevens�reek Boulevard, and I��rn�stead I�aad in l�Torflh jTallco I'ark; , (4�1'arn�ts the m�imum lot eoverage for projects over 50,000 square feet ta 70%;ancl {5) ', �ed.uees the Citywicl�residential allocation by 146-unifs. ii For t�ie�-Iousing Element,state law requires t11at every general pla�identify priority ' housing sites to accommodate that city's share of�egional h�using ne�ds. 'The�.nitiative , r�moves the�rrent General I'lan"S�enario 1�." O��T10�'1t�T S1ttS�11E�.�'��3�c'1C�8 l.t Wlt1l.�'t� Gen�ra�I'1�°s "eontingency plan•,� '•Seenario�". Scenario P: {1) remov�s t�i�`Tallco Shoppiilg I�istrict as a p�iority housing sit�; (2)�ncreas�s xesidential units�llocat�d to the Heart of the City and North Vallco Park Special Areas: (3)adds two other sites;and (4) reduces the total number of priority housing units by 14. The initiative states that it shall not apply to any development project that has obtained, prior to the initiative's effective date, a vested right pursuant to state law. It directs the City to amend all other provisions of its municipal code, ordinances, plans, policies, and resolutions to conform with the initiative within six months. The initiative states that, except as indicated tiherein, no provision of the initiative may be amended without voter approval. The initiative has no expiration date.