04-18-2017 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:00 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, April 18, 2017
Special Meeting Non-Televised Closed Session (5:00) and Televised Regular Meeting (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, April 18, 2017, commencing at 5:00 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014.
Said special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, “Special Meeting." The regular meeting
items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre
Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, City Hall Conference Room A
CLOSED SESSION
1.Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of
Gov’t Code Section 54956.9); Name of Claimant: Adeline Chiu; Claim No.:
ABGV23821A1
2.Subject: Conference with Real Property Negotiators pursuant to Government
Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at
Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road.
Agency Negotiators: Jaqui Guzman and Gail Seeds. Negotiating Parties: San Jose
Water Company; County Roads and Airports; City of San Jose. Under
Negotiation: Price and terms of payment
ADJOURNMENT
REGULAR MEETING
Page 1 CITY OF CUPERTINO
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April 18, 2017City Council AGENDA
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
1.Subject: Approve the April 4 City Council minutes
Recommended Action: Approve the April 4 City Council minutes
A - Draft Minutes
2.Subject: Approval of the City of Cupertino’s Green Infrastructure Plan
Framework
Recommended Action: Approve the Green Infrastructure Plan Framework
(Workplan) to complete a State-mandated Green Infrastructure Plan for the City of
Cupertino by September 2019
Staff Report
A - City of Cupertino Green Infrastructure Plan Framework
3.Subject: Adoption of resolution, verifying that the City of Cupertino complies
with the terms of the Surplus Land Act - Assembly Bill 2135 (California
Government Code Section 54220, et seq.)
Recommended Action: Adopt Resolution No. 17-034, verifying that the City of
Cupertino complies with the terms of the Surplus Land Act - Assembly Bill 2135
(California Government Code Section 54220, et seq.)
Staff Report
A - Draft Resolution
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April 18, 2017City Council AGENDA
4.Subject: Adopt a resolution authorizing the City Council to designate various
staff positions as applicant's agents to represent the City for any applications with
the State Office of Emergency Services (OES) and Federal Emergency
Management Agency (FEMA) for disaster assistance
Recommended Action: Adopt Resolution No. 17-035 authorizing the City Council
to designate various staff positions as applicant's agents to represent the City for any
applications with the State Office of Emergency Services (OES) and Federal
Emergency Management Agency (FEMA) for disaster assistance
Staff Report
A - Cal OES Form 130
B - Draft Resolution
5.Subject: Application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba
Fish Is Wild), 20672 Homestead Road
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
R&T Uniwealth, Inc. (dba Fish Is Wild), 20672 Homestead Road
Staff Report
A - Application
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
6.Subject: Annual review of the City’s Non-Point Source Control and Stormwater
Management Program (flood control and creek pollution prevention) and
approval to renew the collection of existing storm drain fees at no increase in
rates for fiscal year 2017-2018
Recommended Action: Consider all objections or protests and adopt Resolution No.
17-036 for approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2017-2018
Staff Report
A - Draft Resolution including Engineer's Report
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April 18, 2017City Council AGENDA
7.Subject: Municipal Code Amendment to Title 19, Zoning, of the Cupertino
Municipal Code, to allow the creating of Single-Story Overlay Zones in
single-family residential zoning districts, and an amendment to Fiscal Year
2016-17 Fee Schedule (Application No(s).: MCA-2017-02; Applicant(s): City of
Cupertino; Location: citywide)
Recommended Action: That the City Council: 1. Find that the proposed actions are
exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 17-2162
“An Ordinance of the City Council of the City of Cupertino amending Title 19,
Zoning, of the Cupertino Municipal Code Chapter 19.12 (Administration), Chapter
19.20 (Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones), and Chapter 19.28 (Single-Family Residential R-1) Zones), to create a
Single-Story Overlay District process”; and 3. Adopt Resolution No.17-037,
amending the 2016-17 Fee Schedule to include Single-Story Overlay District
applications (Resolution No.16-131), effective June 19, 2017
Staff Report
A - Draft Ordinance
B - Draft Resolution
C. Redline Changes - Single-Story Overlay
D - Comparison Chart
E - Planning Commission Resolution No. 6825
F - Draft Process and Guidelines
G - Redline Changes - Schedule C Planning Fees
H - Frequently Asked Questions
ORDINANCES AND ACTION ITEMS
8.Subject: First Reading of an ordinance amending section 11.27.145 of the
Cupertino Municipal Code relating to Designation of Preferential Parking Zone
on Randy Lane, Larry Way and a portion of Merritt Drive
Recommended Action: Conduct the first reading of Ordinance No. 17-2163: “An
Ordinance of the City Council of the City of Cupertino amending section 11.27.145
of the Cupertino Municipal Code relating to designation of preferential parking
zones” on Randy Land, Larry Way, and a portion of Merritt Drive, Monday through
Friday between 8 a.m. and 4 p.m.
Staff Report
A - Permit Parking Map
B - Draft Ordinance
REPORTS BY COUNCIL AND STAFF
Page 4 CITY OF CUPERTINO
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April 18, 2017City Council AGENDA
9.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 5 CITY OF CUPERTINO
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April 18, 2017City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s
office for more information or go to http://www.cupertino.org/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2538 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:4/12/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of Gov’t Code Section
54956.9); Name of Claimant: Adeline Chiu; Claim No.: ABGV23821A1
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel- Existing litigation (Subdivision (a) of Gov’t Code
Section 54956.9); Name of Claimant: Adeline Chiu; Claim No.: ABGV23821A1
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2422 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:3/7/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence
Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman and Gail Seeds. Negotiating Parties:
San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price
and terms of payment
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Real Property Negotiators pursuant to Government Code Section
54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-
19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman and Gail
Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San
Jose. Under Negotiation: Price and terms of payment
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2046 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:4/18/2017
Title:Subject: Approve the April 4 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Approve the April 4 City Council minutes
Approve the April 4 City Council minutes
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 4, 2017
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:48 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf and Rod Sinks. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Certificates of Commendation to individuals for achieving the goal of
summiting Mt. Kilimanjaro
Recommended Action: Award Certificates of Commendation to individuals for
achieving the goal of summiting Mt. Kilimanjaro
Representatives from the group talked about their climb and showed pictures.
Mayor Vaidhyanathan presented the Certificates of Commendation to individuals for
achieving the goal of summiting Mt. Kilimanjaro.
2. Subject: Presentation of Parks and Recreation Commission FY 16-17 Work Plan
Recommended Action: Receive presentation of Parks and Recreation Commission
FY16-17 Work Plan
Written communications for this item included a PowerPoint presentation.
Parks and Recreation Commissioner Carol Stanek gave a PowerPoint presentation on
the Parks and Recreation Commission FY 16-17 Work Plan.
The following individuals spoke on this item:
Richard Lowenthal
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City Council Minutes April 4, 2017
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Lisa Warren
Jennifer Griffin
Cathy Helgerson
Jan Kucera
Council received the presentation of the Parks and Recreation Commission FY16-17
Work Plan.
POSTPONEMENTS - None
ORAL COMMUNICATION
Meghana, Anjali and Anokhi, Girl Scouts from Troop 60598 talked about their group planning
for a forum on career choices.
Cathy talked about communication with the Planning Department regarding a tree on private
property (distributed written comments).
John Willey talked about ethics and Vallco.
Lisa Warren talked about Vallco (distributed written comments).
Rachel Song talked about Mobike, a bike-sharing program that the company would like to
bring to Cupertino. She showed a video.
Lee Song talked about a movie called “Hard to Believe” regarding persecution against Falun
Gong practitioners.
Mei Chen and Clare Lee talked about a movie called “Hard to Believe” regarding persecution
against Falun Gong practitioners. They showed a video.
Lily Yan talked about Falun Gong and request for a resolution condemning persecution of
Falun Gong practitioners.
Christian Lambert talked about the Falun Gong movie “Hard to Believe.”
Chun Lee talked Falun Gong and request for a resolution condemning persecution of Falun
Gong practitioners.
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City Council Minutes April 4, 2017
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Connie Cunningham talked about homelessness at De Anza College and Below Market Rate
Housing.
Rick Kitson speaking on behalf of the Cupertino Chamber of Commerce talked about
Cupertino’s first Holi Festival this weekend at Memorial Park from 10-2.
Catherine Moore talked about old traffic data in Cupertino’s General Plan Community Vision
2040 and asked for another study.
Jennifer Griffin talked about a new development in San Jose on Stevens Creek which borders
Cupertino and concern over traffic and school crowding in Cupertino.
John Bartas talked about Global Warming and a movement called 2020 or Bust. He noted an
upcoming event on April 27 in San Jose.
Joan Chin talked about forming a Citizens’ Advisory Committee that discusses general
Citywide concerns.
Yun Zheng talked about issues with homeless people near De Anza College and not enough
parking at the Farmer’s Market.
Leigh Gillis talked about supportive and optimistic voices in the community that are looking
toward a good future.
Jan Kucera talked about ethics and Measure D on the 2016 ballot.
CONSENT CALENDAR
Chang moved and Vaidhyanathan seconded to approve the items on the Consent Calendar
as presented except for item number 8 which was pulled for discussion. Ayes:
Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the March 21 City Council minutes
Recommended Action: Approve the March 21 City Council minutes
4. Subject: Accept Accounts Payable for the period ending February 17, 2017
Recommended Action: Adopt Resolution No. 17-029 accepting Accounts Payable for
the period ending February 17, 2017
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City Council Minutes April 4, 2017
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5. Subject: Accept Accounts Payable for the period ending February 24, 2017
Recommended Action: Adopt Resolution No. 17-030 accepting Accounts Payable for
the period ending February 24, 2017
6. Subject: Accept Accounts Payable for the period ending March 3, 2017
Recommended Action: Adopt Resolution No. 17-031 accepting Accounts Payable for
the period ending March 3, 2017
7. Subject: Accept Accounts Payable for the period ending March 10, 2017
Recommended Action: Adopt Resolution No. 17-032 accepting Accounts Payable for
the period ending March 10, 2017
8. Subject: City Work Program for fiscal year 2017-2018
Recommended Action: Approve the City Work Program for fiscal year 2017-2018
Written communications for this item included a staff report addendum and emails to
Council.
City Manager David Brandt reviewed the staff report and highlighted the following:
recommended Civic Center improvements item be put on hold (see staff report
addendum); redirect community swimming pool item into Park Master Plan; Council
direction regarding proposed gun safety ordinance to go back to Public Safety
Commission; Vallco Citizens’ Advisory Committee (CAC) item appearing twice and
should only be listed under Community Development.
The following individuals spoke on this item:
Brooke Ezzat
Muni Madhdhipatla also speaking for Balaji
Jaime Carrillo
Leigh Gillis
Richard Lowenthal
Danessa Techmanski
Caryl Gorska
Jennifer Griffin
Joan Chin
Lisa Warren
Liana Crabtree
Jan Kucera
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City Council Minutes April 4, 2017
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Carlos Almeida
Jean Bedord
Staff answered questions from Council and Council discussed.
Sinks moved and Chang seconded, and the motion carried unanimously to approve the
Work Program except for the Vallco Citizens’ Advisory Committee (CAC) item for FY
2017-2018 with the following amendments as noted during the staff report review and
Council discussion:
Put Civic Center improvements project on hold
Fold community swimming pool study into Citywide Park Master Plan process
Send gun safety ordinance back to Public Safety Commission to focus on
education and enhanced safe gun storage requirements for retail gun vendors
Sinks moved and Chang seconded to strike the Vallco CAC item from under
Administration but retain it under Planning and Community Development,
and directed staff to bring the item back to Council after taking into consideration all
Council and public comments.
After further discussion, Sinks rephrased his motion and Chang seconded to strike the
Vallco CAC item from Administration entirely including any specific dollar amount,
retain it under Planning and Community Development, and directed staff to bring the
item back to Council in a month or when ready after taking into consideration all
Council and public comments. The motion carried with Paul and Scharf voting no.
9. Subject: Extend the term of the 2015-2017 and 2016-2018 Teen Commissioners and
modify the Cupertino Teen Commission meeting schedule to a year round meeting
schedule
Recommended Action: Adopt Resolution No. 17-033 amending Resolution No. 16-138
which would authorize the Cupertino Teen Commission to meet year-round, and
would allow an extension for all current Teen Commissioners until the end of August
for their term ending year
10. Subject: Increase construction contingency allowance for City Hall Turf Reduction
Project, (No. 2017-03)
Recommended Action: Increase the authorized construction contingency budget from
10% to 20% of the construction contract amount, for a total of Forty-four Thousand Six
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City Council Minutes April 4, 2017
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Hundred Dollars ($44,600), to marginally increase the planting area and address
unforeseen conditions during construction
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
11. Subject: Partnership request for Community Bridge Award in honor of Tommy Shwe
Recommended Action: Consider a request from the Asian Pacific Islander American
Public Affairs Association (APAPA) and the Cupertino Educational Endowment
Foundation (CEEF) to partner with them to recognize a community member with the
Tommy Shwe Community Bridge Award
Deputy City Manager Jaqui Guzman reviewed the staff report.
Hsing Kung from APAPA talked about Tommy Shwe and the request for the
partnership with the City for a Bridge Award.
Huei-Saint Shwe, Tommy Shwe’s son talked about the award and Tommy Shwe.
Don Sun from APAPA talked about the award and Tommy Shwe.
Richard Lowenthal, CEEF Board member talked about the award and Tommy Shwe.
Sinks moved and Chang seconded to approve a request from the Asian Pacific Islander
American Public Affairs Association (APAPA) and the Cupertino Educational
Endowment Foundation (CEEF) to co-sponsor with them to recognize a community
member with the Tommy Shwe Community Bridge Award, and to have the Mayor
choose which Council member(s) would participate. The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
12. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
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ADJOURNMENT
At 12:00 a.m. on Wednesday, April 5, Mayor Vaidhyanathan adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2226 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:12/13/2016 City Council
On agenda:Final action:4/18/2017
Title:Subject: Approval of the City of Cupertino’s Green Infrastructure Plan Framework
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - City of Cupertino Green Infrastructure Plan Framework
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Approval of the City of Cupertino’s Green Infrastructure Plan Framework
Approve the Green Infrastructure Plan Framework (Workplan) to complete a State-mandated
Green Infrastructure Plan for the City of Cupertino by September 2019
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
Approval of the City of Cupertino’s Green Infrastructure Plan Framework.
Recommended Action
Approve the Green Infrastructure Plan Framework (Workplan) to complete a State-
mandated Green Infrastructure Plan for the City of Cupertino by September 2019.
Discussion
The City of Cupertino is subject to the requirements of the recently reissued Municipal
Regional Stormwater Permit (MRP) for municipalities and agencies in the San Francisco
Bay area, which became effective on January 1, 2016. The MRP applies to 76
municipalities (cities, towns and counties) and flood control agencies that discharge
stormwater to San Francisco Bay, collectively referred to as Permittees. The framework
must describe specific tasks and timeframes to ensure completion of the City’s Green
Infrastructure Plan and submittal to the San Francisco Bay Regional Water Quality
Control Board (Water Board) by September 2019. Green Infrastructure (GI) is a new
approach to creating sustainable public streets, parking lots and buildings which
captures, stores and treats stormwater using natural processes.
Two-year development of Cupertino’s Green Infrastructure Plan (2017-Sept 2019)
A new section of the MRP requires Permittees to develop and implement a long-term GI
Plan that demonstrates how permittees will gradually shift from traditional “gray” storm
drain infrastructure to a more resilient and sustainable storm drain system comprised of
“green” infrastructure. The MRP also requires that the City’s GI Plan contain a
mechanism to prioritize and map areas for potential and planned projects, both public
and private, on a time schedule consistent with the mandatory milestones for achieving
load reductions of the legacy pollutants, mercury and polychlorinated biphenyls (PCBs),
by 2030 and 2040. The City’s Green Infrastructure Plan must be completed and submitted
to the Water Board by September 30, 2019.
The Green Infrastructure Plan Framework (Workplan)
As part of GI Plan development, the MRP requires Permittees to prepare and obtain
decision maker approval of the Workplan, by June 30, 2017, and submit it to the Water
Board by September 30, 2017. The GI Plan Framework is simply the plan to develop
Cupertino’s long term GI Plan. The framework, at a minimum, must include a statement
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of purpose, tasks and estimated timeframes to complete the required elements of the GI
Plan. The Framework does not commit the City to a specific level of expenditures for
future projects.
Staff has prepared the attached Green Infrastructure Framework (Attachment A) from
guidance developed by EOA, the consultant for the Santa Clara Valley Urban Runoff
Pollution Prevention Program (SCVURPPP), of which Cupertino is a member. Several
components in the Green Infrastructure Plan will be developed collaboratively by
SCVURPPP with funding for these steps provided by members’ assessments that have
been allocated for GI development within the SCVURPPP budget.
Sustainability Impact
The benefits of green infrastructure as a replacement for impervious hardscape include
improving water quality, air quality, water conservation, providing habitat, preserving
biodiversity, traffic calming, and mitigation of heat island effects, all of which would have
a positive environmental and sustainability impact.
CEQA Review
There is no environmental assessment required for the approval of the Workplan.
Fiscal Impact
The approval of the Green Infrastructure Plan Framework will not result in an immediate
fiscal impact. The City’s Public Works department will be the lead on developing the GI
Plan. However, staff from multiple departments and divisions, such as Community
Development, Sustainability, GIS, and Recreation and Community Services, will need to
collaborate on this task to provide input and review throughout the process. Some of the
tasks required for development of the Plan will be completed collaboratively through the
City’s membership in SCVURPPP. If additional resources are required to develop the
Plan by September 2019, funding will be requested during the FY 18-19 budget process.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A. City of Cupertino Green Infrastructure Plan Framework
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City of Cupertino
Green Infrastructure Plan Framework
Approved on: April 18, 2017
Approved by: City of Cupertino City Council
Submitted by:
PUBLIC WORKS DEPARTMENT
Environmental Programs
Cheri Donnelly, Environmental Programs Manager
10300 TORRE AVENUE ~ CUPERTINO, CA 95014
(408) 777-3354 ~ (408) 777-3242
In compliance with Provision C.3.j.i.(1) of Order R2-2015-0049
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Page Intentionally Left Blank
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TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................. III
LIST OF TABLES ..................................................................................................................... III
LIST APPENDICES................................................................................................................... III
APPENDIX A. STAFF REPORT TO CITY COUNCIL ADOPTING GI PLAN FRAMEWORK ............................... III
ABBREVIATIONS .................................................................................................................... IV
1.0 INTRODUCTION .......................................................................................................... 1
1.1 WHAT IS GREEN INFRASTRUCTURE? ........................................................................................................ 1
1.2 STORMWATER QUALITY REGULATORY REQUIREMENTS ............................................................................... 1
1.3 PURPOSE OF GREEN INFRASTRUCTURE PLAN AND FRAMEWORK ................................................................... 2
1.4 CITY OF CUPERTINO DESCRIPTION AND BACKGROUND ................................................................................ 3
1.5 CITY OF CUPERTINO GOALS AND OVERALL APPROACH ................................................................................ 7
2.0 GREEN INFRASTRUCTURE PLAN ELEMENTS & APPROACH ......................................... 10
2.1 SUMMARY OF REQUIRED ELEMENTS ...................................................................................................... 10
2.2 APPROACH TO COMPLETION OF REQUIRED ELEMENTS .............................................................................. 11
2.2.1 Outreach and Education ...................................................................................................................... 11
2.2.2 Project Identification and Prioritization ............................................................................................... 13
2.2.3 Prioritized Project Locations and Timeframes ..................................................................................... 14
2.2.4 Completed Project Tracking System ..................................................................................................... 14
2.2.5 Guidelines and Specifications ............................................................................................................... 14
2.2.6 Integration with Other Municipal Plans ............................................................................................... 14
2.2.7 Evaluation of Funding Options ............................................................................................................. 15
2.2.8 Adoption of Policies, Ordinances, and Other Legal Mechanisms ......................................................... 16
2.2.9 Completion and Adoption of the GI Plan ............................................................................................. 17
3.0 GREEN INFRASTRUCTURE PLAN DEVELOPMENT SCHEDULE ....................................... 19
This section describes the time frames for completion of the tasks presented in Section 2 to
develop and adopt the City of Cupertino’s GI Plan. ................................................................ 19
LIST OF TABLES
Table 1. Cupertino’s Land Use Percentages ................................................................................... 4
Table 2. Schedule for Municipal Plan Updates for GI ................................................................... 15
Table 3. Schedule for Municipal Policy and Ordinance Updates ................................................. 16
Table 4. Schedule for Completion and Adoption of GI Plan ............................................................... 17
Table 5. Green Infrastructure Plan Development Schedule ...................................................... ...19
LIST APPENDICES
APPENDIX A. STAFF REPORT TO CITY COUNCIL ADOPTING GI PLAN FRAMEWORK
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ABBREVIATIONS
BASMAA Bay Area Stormwater Management Agencies Association
Caltrans California Department of Transportation
CASQA California Stormwater Quality Association
CEQA California Environmental Quality Act
CIP Capital Improvement Program
COA Condition of Approval
EPA Environmental Protection Agency
FY Fiscal Year
GI Green Infrastructure
GIS Geographic Information System
GSI Green Stormwater Infrastructure
Hg Mercury
LID Low Impact Development
LUS Watershed Management Initiative Land Use Subgroup
MC Management Committee
MEP Maximum Extent Practicable
MRP Municipal Regional Stormwater NPDES Permit
MS4 Municipal Separate Storm Sewer System
NGO Non-Governmental Organization
NPDES National Pollutant Discharge Elimination System
O&M Operation and Maintenance
PCBs Polychlorinated Biphenyls
PIP Public Information and Participation
POC Pollutant of Concern
Program Santa Clara Valley Urban Runoff Pollution Prevention Program
RFP Request for Proposal
ROW Right of Way
RWQCB San Francisco Bay Regional Water Quality Control Board
SCBWMI Santa Clara Basin Watershed Management Initiative
SCVURPPP Santa Clara Valley Urban Runoff Pollution Prevention Program
SCVWD Santa Clara Valley Water District
SFEI San Francisco Estuary Institute
SFEP San Francisco Estuary Partnership
State Board State Water Resource Control Board
SWRP Storm Water Resource Plan
SWRCB State Water Resource Control Board
TMDL Total Maximum Daily Load
Water Board San Francisco Bay Regional Water Quality Control Board
Water District Santa Clara Valley Water District
WDR Waste Discharge Requirements
WMI Watershed Management Initiative
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PREFACE
This Green Infrastructure Framework (workplan) is a commitment by the City of
Cupertino’s decision makers to direct staff in several departments to develop and
submit Cupertino’s Green Infrastructure Plan by Sept 30, 2019 in compliance with
Provision C.3.j.i.(2) of Order R2-2015-0049 (the MRP). The dates and specific activities are
intended to guide the preparation of a complete and effective Plan over the next two
years. The Framework is intended to be flexible regarding details and timeframes which
may change as the Plan’s development process evolves.
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1.0 INTRODUCTION
1.1 What is Green Infrastructure?
“Green Infrastructure” (GI), also known as “Green Stormwater Infrastructure” (GSI), is
infrastructure that uses vegetation, soils, and natural processes to manage water and
create healthier urban environments. At the scale of a city or county, green
infrastructure refers to the patchwork of natural areas that provides habitat, flood
protection, cleaner air, and cleaner water. At the scale of a neighborhood or project
site, green infrastructure refers to stormwater management systems that mimic nature
by soaking up and storing water.
Examples of GI include resilient, sustainable systems that slow, filter, harvest, infiltrate
and/or evapotranspirate runoff such as: landscape-based stormwater “biotreatment”
using soil and plants ranging in size from grasses to trees; pervious paving systems (e.g.,
interlocking concrete pavers, porous asphalt, and pervious concrete); rainwater
harvesting systems (e.g., cisterns and rain barrels); and other methods to capture and
treat stormwater. These practices are also known as Low Impact Development (LID) site
design and treatment measures.
GI roadway projects are typically called “Green Streets”. Another term of art related to
street design is “Complete Streets”. This term comes from the transportation field and
deals with the designing of streets that incorporate all modes of travel equally - in
particular to increase safety and access for cyclists and pedestrians. The integration of
the goals of both Complete Streets and Green Streets has coined several new terms
such as “Living Streets”, “Better Streets” and “Sustainable Streets”. This movement
recognizes that environmentally and holistically designed streets achieve many
benefits: increased multi-modal travel and safety; clean water and air; climate change
resilience and mitigation; placemaking and community cohesion; habitat and energy
savings; and higher property values.
1.2 Stormwater Quality Regulatory Requirements
The City of Cupertino is subject to the requirements of the recently reissued Municipal
Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit for
Phase I municipalities and agencies in the San Francisco Bay area (Order R2-2015-0049),
also known as the Municipal Regional Permit (MRP), which became effective on
January 1, 2016. The MRP applies to 76 large, medium and small municipalities (cities,
towns and counties) and flood control agencies that discharge stormwater to San
Francisco Bay, collectively referred to as Permittees.
Over the last 13 years, under the MRP and previous permits, new development and
redevelopment projects on private and public property that exceed certain size
thresholds (“Regulated Projects”) have been required to mitigate impacts on water
quality by incorporating site design, pollutant source control, stormwater treatment and
flow control measures as appropriate. LID treatment measures, such as rainwater
harvesting and use, infiltration, and biotreatment, have been required on most
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Regulated Projects since December 2011. Construction of new roads is covered by
these requirements, but projects related to existing roads and adjoining sidewalks and
bike lanes are not regulated unless they include creation of an additional travel lane.
A new section of the MRP requires Permittees to develop and implement long-term
Green Infrastructure (GI) Plans for the inclusion of LID measures in storm drain
infrastructure on public and private lands, including streets, roads, storm drains, parking
lots, building roofs, and other elements. The GI Plan must be completed by September
30, 2019. As part of the GI planning process, the MRP requires Permittees to adopt a
Green Infrastructure Plan Framework (Framework) by June 30, 2017 and submit it to the
Regional Water Quality Control Board (Water Board) by September 30, 2017. The
Framework, a work plan for completing the GI Plan, must at a minimum include a
statement of purpose, tasks and timeframes to complete the required elements of the
GI Plan.
Other sections of the MRP include requirements for municipalities to control pollutants of
concern to water quality in stormwater discharges, including polychlorinated biphenyls
(PCBs), mercury, trash and pesticides. LID measures incorporated into green
infrastructure can help remove these pollutants from stormwater runoff. For this reason,
the MRP establishes a new linkage between public infrastructure retrofits and required
reductions in discharges of certain pollutants, specifically PCBs and mercury. Over the
next few decades, Permittees must reduce the loads of PCBs and mercury in
stormwater discharges through various means, with a portion of these load reductions
achieved through the installation of GI systems. Permittees in Santa Clara County,
collectively, must implement GI on public and private property to reduce mercury
loading by 16 grams/year and PCB loading by 37 grams/year by 2020. The load
reductions will continue in future permits. Therefore, these efforts will be integrated and
coordinated countywide for the most effective program. Other pollutants, including
trash and pesticides, should also be coordinated with the GI program since, when
properly designed, constructed and maintained, biotreatment systems may also be
credited towards trash and pesticide reduction goals.
A key part of the GI definition in the MRP is the inclusion of both private and public
property locations for GI systems. This has been done in order to plan, analyze,
implement and credit GI systems for pollutant load reductions on a watershed scale, as
well as recognize all GI accomplishments within a municipality. However, the focus of
the GI Plan and Framework is the integration of GI systems into public rights-of-way. The
GI Plan is not intended to impose retrofit requirements on private property, outside the
standard development application review process for projects already regulated by
the MRP, but may provide incentives or opportunities for private property owners to add
or contribute towards GI elements if desired.
1.3 Purpose of Green Infrastructure Plan and Framework
The purpose of the City of Cupertino’s GI Plan is to describe how the City will gradually
transform its urban landscape and storm drainage systems from “gray” to “green”; that
is, shift from traditional storm drain infrastructure, where stormwater runoff flows directly
from impervious surfaces into storm drains and receiving waters, to a more resilient,
sustainable system that reduces and slows runoff by dispersing it to vegetated areas,
promotes infiltration and evapotranspiration, collects runoff for nonpotable uses, and
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treats runoff using biotreatment and other green infrastructure practices. The GI Plan will
also be used to demonstrate the City’s long-term commitment to implementation of
green infrastructure to help reduce loads of pollutants of concern, particularly mercury
and PCBs, discharged in stormwater to local waterways. The GI Plan will be
coordinated with other City plans, such as the General Plan, the Climate Action Plan,
the Bicycle Transportation Plan, the Pedestrian Transporation Plan, and specific master
plans, to achieve multiple potential benefits to the community, including improved
water and air quality, reduced flooding, increased water supply, traffic calming, safer
pedestrian and bicycle facilities, climate resiliency, improved wildlife habitat, and a
more pleasant urban environment.
The purposes of this Framework are to:
1. Provide some background on the MRP requirements for GI Planning;
2. Describe the purpose, goals, and tasks to develop the City’s GI Plan; and,
3. Outline the time frames for the creation of the City’s GI Plan and other GI
tasks required in the MRP.
This Framework was reviewed and approved for submittal to the Water Board by the
City Council of the City of Cupertino. The City’s Staff Report is attached as Appendix A.
This Framework is submitted by the City in compliance with MRP Provision C.3.j.i.(1).
1.4 City of Cupertino Description and Background
Incorporated in 1955, the City of Cupertino is located in Santa Clara County, and has a
jurisdictional area of 7,206.4 acres. (11.26 square miles) According to the 2010 Census,
the City had a population of 58,302, with a population density of 5,179 people per
square mile and average household size of 2.87.
According to the General Plan, “Community Vision 2040”, Cupertino’s population grew
from 3,664 in 1960 to over 50,500 in 2000. Most of the population growth was from tract
development during the 1970s and 1980s and annexation of unincorporated County
land. Between 2000 and 2010 the City of Cupertino’s population increased by 15.3
percent, from 50,546 (18,204 households) to 58,302 persons (20,181 households). A
portion of this population growth can be attributed to the City’s annexation of 168
acres of land between 2000 and 2008. The Census Bureau estimated that Cupertino’s
population would be 60,572 by July 1, 2015, approximately a 3.7% increase from 2010.
Cupertino’s population was 58,302 at the time of the April 1, 2010 Census. The City’s
population is projected to grow to 66,110 by 2040 (Plan Bay Area, 2013), approximately
a 12% increase over 30 years.
The City of Cupertino is best known as the home of Apple’s corporate headquarters
and the site of its new 176-acre campus, officially called Apple Park. The first employees
will begin occupying their new offices in April 2017. Apple announced that it will take
more than six months to move 12,000 employees, and some construction will continue
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over the summer as employees move in. Upon completion, it is estimated that more
than 23,400 Apple employees will be based in Cupertino.
Other companies located in Cupertino include Seagate Technology, Panasonic,
Amazon Lab126, SugarCRM (customer resource management), A Carrot Inc.
(computer systems and software). Though Cupertino is associated with technology
companies, very little manufacturing takes place in the City. Cupertino’s office parks
are primarily dedicated to management and design functions.
Two quarries within the city’s sphere of influence, Stevens Creek and Permanente
(Lehigh Cement), are located in the unincorporated area outside city limits, and
therefore, Santa Clara County has regulatory jurisdiction. There are no industrial sites or
facilities within the jurisdictional boundaries of the City of Cupertino that are subject to
the State’s Industrial General Permit for discharges associated with industrial activities
or any other individual industrial National Pollutant Discharge Elimination System
(NPDES) permit.
A description of the the City of Cupertino’s characteristics is provided below:
Cupertino’s land use pattern was largely built on a conventional suburban
model, with predominantly single-family residential subdivisions and distinct
commercial and employment centers.
Percentages of the City of Cupertino's jurisdictional area within the seven (7)
land use classes identified by ABAG (2005) are shown in the table below.
Table 1. Cupertino’s Land Use Percentages
Land Use Category
Jurisdictional
Area
(Acres)
% of
Jurisdictional
Area
Residential 3,938.2 57.2%
Commercial and Services 483.2 7.0%
Retail 303.6 4.4%
Industrial 278.1 4.0%
K-12 Schools 243.7 3.6%
Urban Parks 101.9 1.5%
Other1 1,531.8 22.3%
Total 6,880.50 100%
With the Completion of Apple’s new headquarters, 176 acres of the City’s
industrial area (in the table above) will have been redeveloped, incorporating
green infrastructure and LID features, such as reduction of impervious surfaces,
1 “Other” includes open space and vacant land
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underground parking with green roof style, landscape covering. The site is
designed to be ~ 80% green space with 7,000 trees.
Cupertino is defined by its four major roadways: Homestead Road, Wolfe Road,
De Anza Boulevard and Stevens Creek Boulevard. These major mixed-use
corridors have been the center of retail, commercial, office and multi-family
housing in Cupertino for decades. In order to support local and regional
commercial, office and housing needs, each of these corridors must be
improved. They should be enhanced with more pedestrian, bicycle and transit
facilities in order to meet the current and future needs of the community.
There are nine Special Areas within Cupertino. Each Special Area is located
along one of the four major mixed-use corridors in the city, which represent key
areas within Cupertino where future development and reinvestment will be
focused. Goals for these areas include more bicycle and pedestrian friendly
streets and improved walkable, bikable connectivity to adjacent areas and
services.
Cupertino has approximately 400 acres of streets and roads.
Common residential street widths range from 20 feet (for streets with no street
parking) to 36 feet (for those with parking on both sides). Developers are typically
required to install curb, gutters, and sidewalks. The City prefers detached
sidewalks with a landscaped buffer in between the street and the pedestrian
walk to enhance community aesthetics and improve pedestrian safety.
The City has approximately 1.5 miles of rural road in the residential hillside area of
Regnart Road.
Cupertino’s hillside provide important habitat for plants and wildlife; watershed
capacity to prevent flooding in downstream areas; a wide vegetative belt that
cleanses the air of pollutants; and a natural environment that provides a contrast
to the built environment.
The City is currently updating its Storm Drainage Master Plan. While efforts in early
years focused on expanding storm drain capacity and wastewater treatment,
the approach today is to reduce and filter runoff through project design and
management. Cupertino’s storm drain system currently operates adequately,
with some targeted upgrades or improvements likely over the next 25 years.
Two state highways traverse Cupertino. The City is linked to the cities of San
Francisco and San José by Interstate Freeway 280 which runs along most of the
its northern border. State Route 85, which runs from Mountain View to South San
José, cuts diagonally across the City at its northwest boundary to its southeast
boundary. All state highways (and freeways) are owned and maintained by the
California Department of Transportation (Caltrans). Cupertino is defined by its
four major roadways: Homestead Road, Wolfe Road, De Anza Boulevard and
Stevens Creek Boulevard. These major mixed-use corridors have acted as the
“spines” of the community for decades.
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Significant water bodies and water sources are;
• Stevens Creek
• Permanente Creek
• Regnart Creek
• Heney Creek
• Calabazas Creek
The McDonald-Dorsa quarry, which used to operate south of the Deep Cliff Golf
Course and Linda Vista Park, was closed in the 1970s and is not a current source
of minerals. The site has since been designated as residential, while the portion
that is now Linda Vista Park is designated for parks and open space. However,
since it was closed prior to the Surface Mining and Reclamatin Act of 1975
(SMARA), redevelopment in the area should address soils stabilization and
reclamation issues.
Two expansive projects within the City, occurred between 2009 and 2017,
incorporating green infrastructure design concepts and benefits that the City will
consider applying toward its pollutant load reduction credit. The first was the 18-
acre Stevens Creek Corridor Park and Restoration CIP project, phase 1
(completed in 2009) and phase 2 (completed in July 2014). The second green
infrastructure project, which is expected to be complete in 2017, is owned by
Apple. The project redeveloped 176 acres of private old industrial land which,
according to Apple VP of Environmental Initiatives, Lisa Jackson, will be 80
percent green space. Green infrastructure amenities incorporated in these
projects are described below.
Planned or Completed GI projects in Cupertino from 2009 - 2017
Phase 1 of the Stevens Creek Corridor and Creek Restoration project at Blackberry Farm
in Cupertino restored a portion of Stevens Creek, enhanced natural hydrologic
processes, and improved wildlife and habitat values. Impervious cover was reduced by
3.4 acres, including an asphalt driveway and parking lot, and concrete surfaces in the
creek corridor. The former parking lot, which drained directly into the creek, was
replaced by a smaller green parking area, set back from the creek and made entirely
of permeable material. Drive aisles are made of porous concrete that is colored to
reduce heat gain. Vegetated parking bays were planted with turf rings to support
vehicle weight and dozens of native trees were planted. The design aimed to use all
rain and storm flows to water native plantings. The project site is located within a flood
plain. It was designed to accommodate being submerged during unusually high creek
flows without damage to new infrastructure, water quality or wildlife and to retain
stormwater onsite. The design enables the site’s ability to attenuate flooding, and
naturally filter and return rainfall and runoff from the site to groundwater.
Phase 2 of the Stevens Creek Corridor project included four new bioswales and an
infiltration area installed on the adjacent golf course to capture and infiltrate runoff
from the golf course, buildings, and the parking lot that previously flowed directly into
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the creek. Additionally, an all-weather trail was installed using pervious concrete. The
trail material is compatible with floodplain standards & protects the fishery & wildlife.
“Apple Park”, the 176-acre site that replaced the former Hewlett Packard industrial
campus, now includes several green infrastructure features, such as LID measures that
will retain stormwater onsite, underground parking, the removal of a section of
Pruneridge Avenue, the addition of orchards (a total of 7,000 trees), and sustainable
landscaping. The former HP campus was previously covered in buildings, concrete
parking lots and non-indigenous decorative trees ill-suited to the specific Pacific
climate. The strongest of the trees are being replanted and augmented with sturdy
species that will flourish to create large open expanses of greenery. The car park (with
14,200 spaces) is completely buried below the landscape. Due to its underground
location, this will triple the amount of green area in the new Apple campus. One
thousand bikes will be kept on the site and available to staff to get around the campus.
The new campus will reportedly use recycled water and will use 13,300 feet of pipeline
to share the supply between it and Cupertino.
1.5 City of Cupertino Goals and Overall Approach
The following principles, goals, strategies and visions are from the City of Cupertino’s
General Plan, Community Vision 2040.
Cupertino Guiding Principle #10 - Preserve Cupertino’s environment by enhancing or
restoring creeks and hillsides to their natural state, limiting urban uses to existing
urbanized areas, encouraging environmental protection, promoting sustainable design
concepts, improving sustainable municipal operations, adapting to climate change,
conserving energy resources and minimizing waste.
General Plan Environmental Resources and Sustainability Element:
Strategy ES-2.1.5: Urban Forest. Encourage the inclusion of additional shade trees,
vegetated stormwater treatment and landscaping to reduce the “heat island effect” in
-17; Goal ES-2: Promote Conservation of Energy
Resources, Policy ES-2.1: Conservation and Efficient Use of Energy Resources
Strategy ES-5.1.1: Urban Forest. Ensure that the City’s tree planting, landscaping and
open space policies enhance the urban ecosystem by encouraging medians,
pedestrian crossing and curb-extensions planting that is native, drought tolerant, treats
-22;
Goal ES-5: Protect the City’s Urban and Rural Ecosystems, Policy ES-5.1: Urban
Ecosystem
Strategy ES-5.1.2: Built Environment. Ensure that sustainable landscaping design is
incorporated in the development of City facilities, parks and private projects with the
inclusion of measures such as tree protection, stormwater treatment and planting of
-
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22; Goal ES-5: Protect the City’s Urban and Rural Ecosystems, Policy ES-5.1: Urban
Ecosystem
Strategy ES-7.2.1: Lot Coverage. Consider updating lot coverage requirements to
include paved surfaces such as driveways and on-grade impervious patios to
-25; Goal ES-7: Ensure
Protection and Efficient Use of Water Resources, Policy ES-7.2: Reduction of Impervious
Surfaces
Strategy ES-7.2.2: Pervious Walkways and Driveways. Encourage the use of pervious
materials for walkways and driveways. If used on public or quasi-public property,
-25; Goal ES-7:
Ensure Protection and Efficient Use of Water Resources, Policy ES-7.2: Reduction of
Impervious Surfaces
Strategy ES-7.2.3: Maximize Infiltration. Minimize impervious surface areas, and maximize
on-site filtration and the use of on-site retention f -25; Goal ES-7: Ensure
Protection and Efficient Use of Water Resources, Policy ES-7.2: Reduction of Impervious
Surfaces
Strategy ES-7.3.1: Development Review. Require LID designs such as vegetated
stormwater treatment systems and green infrastructure to mitigate pollutant loads and
-26; Goal ES-7: Ensure Protection and Efficient Use of Water Resources,
Policy ES-7.3: Pollution and Flow Impacts
Strategy ES-7.4.1: Storm Drainage Master Plan. Develop and maintain a Storm Drainage
Master Plan which identifies facilities needed to prevent “10-year” event street flooding
and “100-year” event structure flooding and integrate green infrastructure to meet
-26; Goal ES-7:
Ensure Protection and Efficient Use of Water Resources, Policy ES-7.4: Watershed Based
Planning
Strategy ES-7.11.7: Green Business Certification and Water Conservation. Continue to
support the City’s Green Business Certification goals of long-term water conservation
within City facilities, vegetated stormwater infiltration systems, parks and medians,
including installation of low-flow toilets and showers, parks, installation of automatic
shut--
26; Goal ES-7: Ensure Protection and Efficient Use of Water Resources, Policy ES-7.4:
Watershed Based Planning.
In the last 20 years, the City has made strides towards improving walkability and
bikeability by retrofitting existing streets to include bike lanes; creating sidewalks lined
with trees along major boulevards; and encouraging development to provide a more
pedestrian-oriented frontage with active uses, gathering places and entries lining the
street.
Cupertino has already preserved an 18-acre site and restored creek habitat (Stevens
Creek Corridor and Restoration Project) in the City to maintain biodiversity and
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ecological integrity of local natural systems. The City is now looking at opportunities in
the built and natural environment to sustain and enhance biodiversity.
As the City seeks to implement sustainability and community health objectives, future
growth and retrofitting of existing infrastructure will create 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.
The City will look towards focusing future change within Special Areas that are located
on Cupertino’s major mixed-use corridors. These areas already have a mix of
commercial, office, hotel and residential uses, and are located along roadways that
will be enhanced with “Complete Streets” features, improved landscaping and
expanded public spaces (e.g., parks and plazas).
Cupertino has an abundance of natural resources, including hillsides, creek corridors,
and sensitive 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.
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2.0 GREEN INFRASTRUCTURE PLAN ELEMENTS & APPROACH
2.1 Summary of Required Elements
To meet MRP requirements, the City of Cupertino’s Green Infrastructure (GI) Plan will
need to contain certain mandatory elements:
Project Identification and Prioritization Mechanism: The GI Plan must describe the
mechanism by which the City of Cupertino will identify, prioritize and map
potential and planned projects that incorporate green infrastructure
components in different drainage areas within the City of Cupertino. These
include public and private projects that may be implemented over the long
term, with milestones for implementation by 2020, 2030, and 2040. The
mechanism must include the criteria for prioritization and outputs that can be
incorporated into the City of Cupertino’s long-term planning and capital
improvement processes.
Prioritized Project Locations and Timeframes: The GI Plan must contain the
outputs resulting from the identification and prioritization mechanism described
above, such as lists and maps of prioritized projects and timeframes for
implementation. The outputs must also include “targets” or estimates of how
much impervious surface within the City of Cupertino will be converted or
“retrofit” to drain to a green infrastructure feature, such as a vegetated area or
stormwater capture or treatment facility, by the 2020, 2030, and 2040 milestones.
Completed Project Tracking System: The GI Plan must describe the City of
Cupertino’s process for tracking and mapping completed public and private
projects and making the information available to the public.
Guidelines and Specifications: The GI Plan must include general design and
construction guidelines, standard specifications and details (or references to
those documents) for incorporating green infrastructure components into
projects within the City of Cupertino. These guidelines and specifications should
address the different street and project types within the City of Cupertino as
defined by its land use and transportation characteristics, and allow projects to
provide a range of functions and benefits, such as stormwater management,
bicycle and pedestrian mobility and safety, public green space, urban forestry,
etc.
Integration with Other Plans: The GI Plan must describe its relationship to other
planning documents and efforts within the City of Cupertino and how those
planning documents have been updated or modified, if needed, to support and
incorporate the green infrastructure requirements. If any necessary updates or
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modifications have not been accomplished by the completion of the GI Plan,
the GI Plan must include a work plan and schedule to complete them.
Evaluation of Funding Options: The GI Plan must include an evaluation of funding
options for design, construction, and long-term maintenance of prioritized green
infrastructure projects, considering local, state and federal funding sources.
In addition, the City of Cupertino must adopt policies, ordinances, and/or other
appropriate legal mechanisms to allow implementation of the GI Plan. The City must
also conduct outreach and education to elected officials, department managers and
staffs, developers and design professionals, and the general public as part of
development and implementation of the GI Plan and implementation of specific
projects within the GI Plan.
2.2 Approach to Completion of Required Elements
The City of Cupertino is committed to working within its Public Works, Community
Development, Sustainability, GIS, and Recreation & Community Services departments,
and with the Santa Clara Valley Water District and SCVURPPP to complete the required
GI Plan elements described in Section 2.1. This section describes the City of Cupertino’s
approach to each required element.
2.2.1 Outreach and Education
One of the first and most important steps in the development of the GI Plan is
educating a municipality’s department staff, managers, and elected officials about the
purposes and goals of green infrastructure, the required elements of the GI Plan, and
steps needed to develop and implement the GI Plan, and get their support and
commitment to the Plan and this new approach to urban infrastructure. Another
important first step is local community and stakeholder outreach to gain public support.
The City of Cupertino began this process in FY 15-16 and FY 16-17 by completing the
following tasks:
Convened 3-4 interdepartmental meetings in 2016 with with Public Works, GIS,
CIP and Environmental staff and management to discuss GI requirements and
assigned tasks.
Discussed with appropriate department staff the MRP requirements to analyze
proposed capital projects for opportunities to incorporate GI, and completed
the first list of planned and potential GI projects.
Provided training to department staff on GI requirements and strategies with
presentations by SCVURPPP’s Assistant Program Manager on February 27th and
March 6th 2017 at City Hall. Invited staff to attend SCVURPP;s Green Infrastructure
workshop on April 19. 2017. Six (6) planning and public works staff participated in
SCVURPPP’s 2016 Green Infrastructure workshop.
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Invited elected officials to a Green Infrastructure presentation given by the
SCVURPPP’s Assitant Manager on March 6, 2017 in Community Hall to raise
awareness of the goals and requirements in the MRP and the concepts, intent
and multiple benefits of GI.
At the suggestion of the Vice Mayor, on March 16, 2017, the Sustainability
Commission invited guest speaker, Robin Grossinger, a scientist from San
Francisco Estuary Institute (SFEI), to give his presentation on the vision for a
resilient Silicon Valley landscape. SFEI’s recommendations for a more sustainable
South Bay looks at what we can be doing to integrate resilient landscape within
the reality of new and re-development. From a practical perspective, we can
consider what we can be doing over the course of next generations to improve
the ecology of the area and how we can work with larger developments to
incorporate these types of principles in our planning. Cupertino has a couple of
opportunities that have been discussed in the last couple of years that could
potentially integrate these types of principals.
Coordinated with SCVURPPP and the Watershed Education and Outreach
(WEO) subgroup on a comprehensive outreach and education program. Key
audiences include: the general public (countywide, and in the neighborhood or
municipality where GI projects are located); the development community (e.g.,
developers, engineers, landscape architects, and contractors); and elected
officials.
Public Works Environmental staff participated in the Green Infrastructure
Leadership Conversation in Oakland on December 9 2016 and the Regional
Roundtable on Sustainable Streets held in Oakland on March 28 2017.
The City of Cupertino will conduct or continue to conduct the following education and
outreach activities as part of development of the GI Plan:
Continue to hold inter-department meetings to collect input for the GI Plan.
Continue to conduct internal training as needed, and encourage staff to attend
SCVURPPP GI trainings.
Continue to provide outreach to the general public and developers in
coordination with SCVURPPP.
Continue to keep elected officials updated on GI Plan development and
schedule for adoption.
Schedule a Council Study Session in 2019, prior to City Council’s consideration of
the final Plan at a regularly scheduled meeting to inform Council and the public
of the features in the draft GI Plan.
Provide outreach to Sustainability Commission, the Bike and Pedestrian
Commission, the local community, and other stakeholders to get input and
support for the GI Plan.
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Continue to engage with San Francisco Estuary Institute (SFEI) and/or other
potential partners that offer a regional perspective for enhancing sustainable
natural landscaping with multi-faceted benefits.
2.2.2 Project Identification and Prioritization
The City of Cupertino will use the following approaches to identify, prioritize and map
potential and planned projects that incorporate green infrastructure components in
different drainage areas within the City.
a. Coordination with the Santa Clara Basin Stormwater Resource Plan (SWRP): The
Santa Clara Valley Water District (District) and SCVURPPP obtained a Proposition
1 Stormwater Grant Program planning grant to develop a Stormwater Resource
Plan (SWRP) for the Santa Clara Basin. The SWRP will support the development
and implementation of GI Plans within the Basin (including the City of Cupertino’s
GI Plan) through identification of local and regional opportunities for GI projects
and development of modeling tools for estimating pollutant load reductions over
future timeframes (2020, 2030 and 2040). The resulting maps and tools will be
available for local use by participating municipalities.
The Stormwater Resource Plan will also produce a list of prioritized GI projects
eligible for future State implementation grant funds. Building on existing
documents that describe the characteristics and water quality and quantity
issues within the Santa Clara Basin, the SWRP will identify and prioritize multi-
benefit GI projects throughout the Basin, using a metrics-based approach for
quantifying project benefits such as volume of stormwater infiltrated and/or
treated and quantity of pollutants removed. The metrics-based analysis will be
conducted using hydrologic/hydraulic and water quality models coupled with
GIS resources and other tools. The products of these analyses will be a map of
opportunity areas for GI projects throughout the watershed, an initial prioritized
list of potential projects and strategies for implementation of these and future
projects. The list of potential projects within the City of Cupertino will then be
incorporated into the City’s list for its GI Plan.
The draft SWRP will be completed by May 2018, and the final SWRP (after public
input) completed by December 2018. Earlier stages of the process will provide
input to GI Plan development, such as the identification of projects in fall 2017
and quantification of project benefits in early 2018.
b. Review of Capital Improvement Program Projects for Green Infrastructure
Opportunities: As required by the MRP, the the City of Cupertino has begun and
maintains a list of public and private GI projects that are planned for
implementation during the permit term (2015-2020), and public projects that
have potential for GI measures. The first such list was submitted with the FY 15-16
38
14
Annual Report. These lists will be used to provide potential projects for inclusion in
the SWRP development and incorporation into the GI Plan.
The GI Plan will also describe the tools and approaches used, the criteria for
prioritization, and the outputs that can be incorporated into the Cupertino’s long-term
planning and capital improvement processes.
2.2.3 Prioritized Project Locations and Timeframes
The GI Plan will include the prioritized list of projects and map of locations within the the
City’s jurisdiction resulting from Task 2.2.2 above, as well as timeframes for
implementation. The outputs will also include “targets” or estimates of how much
impervious surface within the City of Cupertino will be converted or “retrofit” to drain to
a green infrastructure feature, such as a vegetated area or stormwater treatment
facility, or converted to pervious surfaces, by the 2020, 2030, and 2040 milestones.
2.2.4 Completed Project Tracking System
This section of the GI Plan must describe the the City of Cupertino’s process for tracking
and mapping completed public and private projects and making the information
available to the public. The City will work with SCVURPPP to develop a consistent
countywide approach to tracking and mapping completed projects and estimating
expected PCB and mercury load reductions resulting from these projects.
2.2.5 Guidelines and Specifications
The City of Cupertino will support and participate in the SCVURPPP process to develop
and adopt GI Design Guidelines and Specifications for streetscapes and other public
infrastructure. A set of model Guidelines and Specifications will be developed at the
countywide level which will be used as a reference by the City. The City of Cupertino
will evaluate the model Guidelines and Specifications for consistency with its own local
standards, and revise existing guidelines, standard specifications, design details, and
department procedures as needed.
The Guidelines and Specifications will also include the results of the regional analysis of
alternative approaches to sizing GI facilties where project constraints (e.g., limited
space in public right-of-way, utility conflicts, etc.) preclude fully meeting the permit-
required sizing criteria for such facilities.
2.2.6 Integration with Other Municipal Plans
39
15
The City of Cupertino has reviewed its existing municipal planning documents and
Identified which documents need to be updated or modified to support and/or be
consistent with the GI Plan, and the timing for those updates or modifications. A
summary of the results of the municipal plan review and the schedule for updates or
modifications is presented in Table 2 below. If any necessary updates or modifications
have not been accomplished by the completion of the GI Plan, the GI Plan will include
a work plan and schedule to complete them.
Table 2. Schedule for Municipal Plan Updates for GI
Name of Plan
Last
Updated
Next
Projected
Update
Includes
Language
to Support
GI?
If No,
Date to
Complete
GI Update
General Plan – Element 6 2015 2040 Yes N/A
Climate Action Plan 2015 Yes N/A
Pedestrian Transportation Plan 2002 2017 Yes, will
include GI
Sep 2019
Bicycle Transportation Plan 2016 2021 TBD Sep 2019
Storm Drain Master Plan 1992 2018 Yes, will
include GI
Sep 2019
Urban Forestry Plan (Included in GP) 2015 2023 Yes N/A
Citywide Parks & Recreation System
Master Plan
N/A 2018 Yes, will
include GI
N/A
2.2.7 Evaluation of Funding Options
The City of Cupertino currently uses a combination the City’s General Fund and federal,
State, and other applicable grants to fund construction of projects in its capital
improvement program (CIP) and other projects. The General Fund, and when
applicable, CalRecycle grants, are used for public street, parking lot and building
maintenance; maintenance of stormwater control measures installed at public
projects; and maintenance of other landscaped areas (e.g., parks, medians, public
plazas, etc.)
The City of Cupertino will analyze possible funding options to raise additional revenue
for the projects that will eventually be included in the City’s GI Plan, including capital
and operation and maintenance (O&M) costs of these projects. Options for capital
project funding include the State Proposition 1 Stormwater Grant Program
implementation grants, Prop 1 IRWMP grants, and California Urban Rivers Grants.
40
16
Additional funding options that will be explored by Cupertino include:
Treatment at an Offsite Location – An alternative compliance option in which a
private Regulated Project (one required to treat runoff from created and
replaced impervious surface on the project) would instead treat runoff from an
equivalent amount of impervious surface offsite, potentially in the public right-of-
way, in LID treatment facilities it would pay to construct (and/or maintain). That
is, the private developer would fund and oversee construction of a potential
green infrastructure project identified by the City of Cupertino.
Payment of In-Lieu Fees – An alternative compliance option in which the
developer of a private Regulated Project, in lieu of constructing LID treatment
facilities on-site, would pay equivalent in-lieu fees for construction and
maintenance of a regional or municipal stormwater treatment (green
infrastructure) facility.
Public-Private Partnerships – An option in which green infrastructure facilities are
jointly funded by the municipality and a private organization or land owner for
the benefit of both parties.
2.2.8 Adoption of Policies, Ordinances, and Other Legal Mechanisms
The City of Cupertino will review its existing policies, ordinances, and other legal
mechanisms related to current planning procedures and implementation of stormwater
NPDES permit requirements to Identify which documents may need to be updated or
modified to help implement the GI Plan. A summary of the results of the policy,
ordinance, and legal mechanisms review and the schedule for actions is presented in
Table 3 below. All needed updates, modifications, or new mechanism(s) will be
completed and adopted (if necessary) by September 30, 2019.
Table 3. Schedule for Municipal Policy and Ordinance Updates
Policy/Ordinance/Legal
Mechanism Description
Update
Needed?
Update
Schedule
Municipal Code Chapter
9.18 Stormwater Pollution &
Watershed Protection
Municipal Code: remove
outdated language; add
requirements for GI in
private development
TBD Sept 2019
Environmental
Programs/Public Works
Conditions of Approval for
Private Development
Projects
If needed, update to
require consideration of
G.I. whenever feasible
TBD Sept 2019
41
17
In the 2019 Annual Report or earlier annual reports, the City of Cupertino will describe
any updates to ordinances, policies, plans or programs that were needed to implement
the GI Plan and associated programs, or state that existing mechanisms are sufficient to
implement the GI Plan.
2.2.9 Completion and Adoption of the GI Plan
The City of Cupertino will draft its GI Plan to contain all of the elements described
above, obtain reviews and approvals by various departments, governing bodies, and
the public as needed, and submit the GI Plan to the Water Board by September 30,
2019. Internal deadlines to complete and adopt the GI Plan are presented in Table 4
below.
Table 4. Schedule for Completion and Adoption of GI Plan
Task Department/Group Deadline
Prepare draft GI Plan
Determine if a GI workgroup of municipal
staff or a consultant is needed to develop
the City’s Plan.
*(Input from SCVURPPP’s developing
Stormwater Resources Plan (SWRP) on the
identification of projects and quantification
of project benefits, will be available in fall
2017 and early 2018, respectively).
Public Works
Environmental Prgs Mgr,
Assistant Dirctor, Engineer,
and CIP Manager, with
input from Assistant
Comm. Dev Director, Sr.
Planner, and mapping
support from GIS Manager
Dec 2017 –
Apr 2018
Review draft GI Plan
*(SCVURPPP’s draft SWRP to be developed
by May 2018)
Community Development;
Public Works; Sustainability,
Parks and Community
Services;
May - Jun
2018
Public input on draft GI Plan Sustainability Commission,
Bike/Ped Commission,
(possibly Planning
Commission)
July - Aug
2018
Update draft GI Plan Public Works Aug – Sept
2018
Approve draft GI Plan
* The final SCVURPPP Santa Clara Basin SWRP
(after public input) will be completed by
December 2018.
City Manager, Public
Works Director, Assistant
City Manager, Assist PW
Dir, Assist Comm Dev
Director and City Engineer
Sept – Dec
2018
42
18
Review/consider draft GI Plan
* The final SCVURPPP Santa Clara Basin SWRP
(after public input) will be completed by
December 2018.
Council Study Session/
Public Input
Jan-Mar
2019
Incorporate Study Session comments Public Works/City
Manager
Mar-Apr
2019
Approve final GI Plan City Council May-Aug
2019
43
GI Plan Framework
19
3.0 GREEN INFRASTRUCTURE PLAN DEVELOPMENT SCHEDULE
This section describes the time frames for completion of the tasks presented in Section 2
to develop and adopt the City of Cupertino’s GI Plan.
Table 5. Green Infrastructure Plan Development Schedule
Task
No. Green Infrastructure Plan Development Task
Responsible
Organization(s)/
Department(s)
Estimated
Completion
Date
2.1 Required Elements: All required elements of
the Plan will be completed by September
2019.
Public Works
Environmental
Programs
Sept 2019
2.2 Approach to Completion of Required
Elements
Public Works
Environmental
Programs
2.2.1 Outreach and Education; As development of
the GI Plan evolves identify opportunities for
public input. Provide draft plan to
Sustainability Commission, Bike and
Pedestrian Commission and Planning
Commission.
Public Works,
Environmental,
and
Sustainability
Aug 2019
2.2.2 Project Identification and Prioritization:
Working with SCVURPPP, identify projects
using outputs from prioritization tools, the
City’s planned CIP list, the Storm Drainage
Master Plan and the Santa Clara Basin SWRP.
Map and prioritize projects on a drainage-
area-specific basis for implementation by
2020, 2030, and 2040 with targets for the
amount of impervious surface to be
retrofitted for those years. Identify projects
that may be candidates for grant funding
under Round 2 of the Prop 1 Stormwater
Grant Program.
Public Works,
Environmental,
Engineering and
Traffic, with
support from GIS
for mapping
Apr 2018
2.2.3 Prioritized Project Locations and Timeframes;
Add list of prioritized projects identified from
the findings in step 2.2.2. to GI Plan.
Public Works and
Community
Development
Mar 2019
2.2.4 Completed Project Tracking System: The City
will work with SCVURPPP to develop a
consistent countywide approach to tracking
and mapping completed public and private
projects and estimating expected PCB and
mercury load reductions resulting from these
projects. ( integrate w/ inspections)
Public Works
Environmental
and Engineering
Sept 2019
44
20
2.2.5 The Guidelines and Specifications: Will be
developed collaboratively at the
Countywide level through participation in
SCVURPPP and fine tuned by City staff to
align with City policies
Public Works
Environmnental
Programs &
Engineering
April 2018
2.2.6 Integration with Other Municipal Plans: The
City’s General Plan, Vision 2040 and its
Climate Action Plan already support the
expansion of green infrastructure. The City’s
2016 Bicycle Transportation Plan, 2017
Pedestrian Transportation Plan, and 2018
Storm Drainage Master Plan. There are
potential opportunities for integrating green
infrastructure into new bike lanes, pedestrian
routes and stormdrain repairs or upgrades.
Staff will review these plans to verify
compatibility with the City’s 2019 Green
Infrastructure Plan.
Public Works;
Community
Development;
Recreations &
Community
Services
July 2018
2.2.7 Evaluation of Funding Options: Resources to
develop the Green Infrastructure Plan will
include additional staff time for meetings to
discuss feasibility and prioritization of projects
within the Plan. Plan develoopment may
require a municipal GI Plan work group. If
additional funding is needed for Plan
development it will be requested for the FY
18-19 budget. Costs to implement the City’s
GI Plan (2020 – 2040) cannot be estimated
prior to identifying locations and scopes of
potential green infrastructure projects.
SCVURPPP will prepare guidance for
completing the analysis of funding options
during FY 16-17. The City will pursue
recommended funding options for GI
projects and complete its initial funding
analysis prior to the City’s FY 19-20 budget
approval process, and for each budget
process thereafter through FY 2039-2040.
Public Works and
City Manager’s
Office
First
evaluation
by
February
2019
2.2.8 Adoption of Policies or Ordinances, and
Other Legal Mechanisms: The Watershed
Protection Ordinance (Ch. 9.18) and PW
Engineering/Environmental COAs support GI
practices. Fine tuning might be needed after
the final Plan has been adopted and the City
begins to implement the Plan.
Public Works By Sept
2019
45
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2.2.9 Completion and Adoption of the GI Plan: Put
on City Council agenda for approval by
August 2019.
City Council/
presentation by
Public Works
By Aug
2019
46
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2489 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/29/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: Adoption of resolution, verifying that the City of Cupertino complies with the terms of the
Surplus Land Act - Assembly Bill 2135 (California Government Code Section 54220, et seq.)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Adoption of resolution, verifying that the City of Cupertino complies with the terms
of the Surplus Land Act - Assembly Bill 2135 (California Government Code Section 54220, et
seq.)
Adopt Resolution No. 17-034, verifying that the City of Cupertino complies with the terms of
the Surplus Land Act - Assembly Bill 2135 (California Government Code Section 54220, et
seq.)
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
Adoption of Resolution, verifying that the City of Cupertino complies with the terms of
the Surplus Land Act – Assembly Bill 2135 (California Government Code Section 54220,
et seq.).
Recommended Action
Adopt Draft Resolution, verifying that the City of Cupertino complies with the terms of
the Surplus Land Act – Assembly Bill 2135 (California Government Code Section 54220,
et seq.).
Discussion
The Surplus Land Act requires public agencies to offer surplus land as a priority to
developers of affordable housing before disposing of the surplus land. Recent changes
to the Surplus Land Act (Government Code Sections 54220 et. seq.) prescribe
procedures for the sale or disposition of surplus land by local agencies. The primary
purpose of the amendments is to prioritize the use of surplus property sites to increase
the supply of affordable housing.
On July 28, 2016, staff submitted an application for funding in the amount of $698,000
from the Metropolitan Transportation Commission (MTC) for the Pavement
Maintenance Program. The MTC funding is available through the One Bay Area Grant
Cycle 2 (OBAG2) program. One of the application requirements is for all General Law
cities and counties to provide a resolution showing the agency will comply with the
California Surplus Land Act. Compliance with the Surplus Land Act is an obligation of
all General Law cities and counties; the adoption of the resolution does not alter the
obligation of the City to comply with the Surplus Land Act.
Sustainability Impact
None
Fiscal Impact
None. Failure to adopt the resolution would result in the forfeiture of the grant funds.
_____________________________________
48
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Ordinance
49
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
TO COMPLY WITH ASSEMBLY BILL 2135, SURPLUS LAND ACT
WHEREAS, the San Francisco region has the highest housing costs in the
United States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and
moderate-income housing units from 2007-2014; and
WHEREAS, there are limited funding sources available to secure land for
the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of
land for affordable housing;
WHEREAS, the Metropolitan Transportation Commission adopted
Resolution No. 4202, outlining the programming policy and project selection
criteria for the One Bay Area Grant Program (OBAG 2), including certain
requirements to access these funds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Cupertino, State of California, as follows:
That the City of Cupertino agrees to comply with the terms of Surplus Land Act -
Assembly Bill 2135 (California Government Code § 54220, et seq.), as exists now
or may be amended in the future.
PASSED AND ADOPTED by the City Council of the City of Cupertino, on April
18, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
50
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2502 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/30/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: Adopt a resolution authorizing the City Council to designate various staff positions as
applicant's agents to represent the City for any applications with the State Office of Emergency
Services (OES) and Federal Emergency Management Agency (FEMA) for disaster assistance
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Cal OES Form 130
B - Draft Resolution
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Adopt a resolution authorizing the City Council to designate various staff positions as
applicant's agents to represent the City for any applications with the State Office of Emergency
Services (OES) and Federal Emergency Management Agency (FEMA) for disaster assistance
Adopt Resolution No. 17-035 authorizing the City Council to designate various staff positions
as applicant's agents to represent the City for any applications with the State Office of
Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for disaster
assistance
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
Adopt a resolution authorizing the City Council to designate various staff positions as
applicant’s agents to represent the City for any applications with the State Office of
Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for
disaster assistance.
Recommended Action
Staff recommends that Council take the following action:
1) Adopt the Draft Resolution authorizing the City Council to designate various staff
positions as applicant’s agents to represent the City for any applications with the State
Office of Emergency Services (OES) and Federal Emergency Management Agency
(FEMA) for disaster assistance.
Description
Staff is seeking approval from the City Council to designate the staff positions of City
Manager, Assistant City Manager, or Finance Director as applicant’s agents to represent
the City of Cupertino for any applications with the State Office of Emergency Services
(OES) and Federal Emergency Management Agency (FEMA) for disaster assistance. The
universal resolution is valid for all open and future disasters up to three (3) years,
following the date of approval by City Council.
On February 14, 2017, President Donald J. Trump declared a major disaster making
federal disaster aid available to 34 counties, including Santa Clara County, for the
January 2017 Storms. The specific period includes the dates between January 3 through
12, 2017. On February 12, 2017, a similar second declaration was made for the storm
event that occurred from January 18 through January 23, 2017. Lastly, on March 7, 2017
a similar third declaration was made for the storm event that occurred from February 1
through February 23.
As Santa Clara County was not included in the January 18-23 event and Cupertino had
minor damage in the January 3-13 event, staff plans to seek reimbursements for eligible
costs incurred as a result of the February 1-23 (FEMA-4308) storm event, including:
52
2
Personnel over-time, supplies and equipment utilized, and repairs of damage caused by
storms to City facilities.
Sustainability Impact
None
Fiscal Impact
There is no direct fiscal impact for designation of applicant’s agent. However, the City
is not eligible for State and Federal disaster assistance unless a Designation of
Applicant’s Agent Resolution has been adopted by the City Council. By approving this
document, the City will be in a position to recover a percentage of the costs expended
due to a declared disaster.
_____________________________________
Prepared by: Roger Lee - Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Cal OES Document 130 for the City of Cupertino
B – Draft Resolution
53
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: ______________________
Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity
(Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California,
(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s)________________________
Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
54
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as
follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California. Examples include: School
District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego,
Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are
two ways of completing this section:
1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not
their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position
and is replaced by another individual in the same title. If “Titles Only” is the chosen method, this document
must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can
be completed by any authorized person within the agency and does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be
listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position
listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the
designated Authorized Agents, and a minimum of two or more approving board members need to be listed.
Certification Section:
Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the
designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the
Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self
Certification.”
Cal OES 130 (Rev.9/13) Page 2
55
RESOLUTION NO. 17-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
WHEREAS, Santa Clara County incurred significant damage due to record
rainfall received beginning in January 2017; and
WHEREAS, the State of California, Governor’s Office of Emergency
Services declared three separate disaster events as a result of the rainfall received ;
and
WHEREAS, President Donald J. Trump declared a major disaster making
federal disaster aid available to several California Counties including Santa Clara
County; and
WHEREAS, the State of California, Governor’s Office of Emergency
Services requires all non-state agencies to complete and execute Cal OES 130
“Designation of Applicant’s Agent Resolution for Non-State Agencies”
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of Cupertino designate the staff positions of
City Manager, Assistant City Manager, or Finance Director as applicant’s agents
to represent the City of Cupertino for any applications with the State Office of
Emergency Services (OES) and Federal Emergency Management Agency (FEMA)
for disaster assistance;
2. That this is a universal resolution and is effective for all open and
future disasters up to three (3) years following the date of approval below.
BE IT FURTHER RESOLVED:
1. That staff will seek reimbursements for eligible costs incurred as a
result of any significant disaster event, including: Personnel over-time, supplies
and equipment utilized, and repairs of damage caused by storms to City facilities.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 18th day of April 2017, by the following vote:
56
Resolution No. 17-___
Page 2
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
57
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:217-2481 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:3/28/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: Application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba Fish Is Wild), 20672
Homestead Road
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council4/18/2017 2
Subject: Application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba Fish Is
Wild), 20672 Homestead Road
Recommend approval to the California Department of Alcoholic Beverage Control of the
application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba Fish Is Wild), 20672
Homestead Road
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CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
Application for Alcoholic Beverage License for R&T Uniwealth, Inc. (dba Fish Is Wild),
20672 Homestead Road.
Recommended Action
Recommend approval to the California Department of Alcoholic Beverage Control of
the Application for Alcoholic Beverage License for R&T Uniwealth, Inc. (dba Fish Is
Wild), 20672 Homestead Road.
Description
Name of Business: Fish Is Wild
Location: 20672 Homestead Road
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant)
Reason for Application: Annual Fees, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Jeffrey Tsumura, Assistant Planner, Planning Department
Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2159 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:11/8/2016 City Council
On agenda:Final action:4/18/2017
Title:Subject: Annual review of the City’s Non-Point Source Control and Stormwater Management
Program (flood control and creek pollution prevention) and approval to renew the collection of existing
storm drain fees at no increase in rates for fiscal year 2017-2018
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution including Engineer's Report
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Annual review of the City’s Non-Point Source Control and Stormwater Management
Program (flood control and creek pollution prevention) and approval to renew the collection of
existing storm drain fees at no increase in rates for fiscal year 2017-2018
Consider all objections or protests and adopt Resolution No. 17-036 for approval and renewal
of the collection of existing storm drain fees at no increase in rates for fiscal year 2017-2018
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
Annual review of the City’s Non-Point Source Control and Stormwater Management
Program (flood control and creek pollution prevention) and approval to renew the
collection of existing storm drain fees at no increase in rates for fiscal year 2017-2018.
Recommended Action
Consider all objections or protests and adopt the Draft Resolution for approval and
renewal of the collection of existing storm drain fees at no increase in rates for fiscal
year 2017-2018.
Discussion
Since 1992, the Nonpoint Source Program, mandated by the State of California and the
United States Environmental Protection Agency regulations pursuant to the Clean
Water Act, has been funded locally from a storm drain fee applied to each property in
the City. The fee, collected by the Santa Clara County Tax Collector on behalf of the
City, is subject to annual review and approval by the City Council.
The existing storm drain fees support the City’s, State and federally mandated
programs and water quality control requirements. Also supported by these funds are
the operation and maintenance of storm drain facilities (to the extent not covered by
existing General Fund activities), a portion of the annual street sweeping contract,
funding for regional watershed monitoring, local public outreach and education, litter
reduction measures and other compliance work conducted on behalf of the cities and
agencies by the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP). The City is also responsible for mandatory inspections and data tracking
to prevent illegal connections and discharges to the City’s storm drain system and
impacts to State waters.
The fees have remained the same since they were first levied in 1992 and no increase is
proposed at this time. The annual fees for each property category are as follows:
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Category Rate per Year
Single-Family, Town homes, Condominiums $ 12.00 / premise
Commercial/Industrial/Apartments $ 144.00 / acre
Unimproved Land/Recreation $ 36.00 / acre
Fiscal Impact
The fee schedule, when levied on all properties in the City of Cupertino, generates
approximately $372,000. The program budget for FY 2016-2017 was approximately
$670,000. The budgeted amount is the minimum necessary to comply with the
increasingly stringent State and Federal Clean Water Act requirements, higher
municipal National Pollutant Discharge Elimination System (NPDES) fees proposed by
the State, and increased SCVURPPP program costs. The difference between the
budgeted amount and the revenue from fees is proposed to continue to be supported by
the General Fund. Any increase in the current fee amount would be subject to
Proposition 218 and no change is recommended at this time.
Sustainability Impact
The storm drainage fee, which has been in place since 1992, supports water pollution
prevention and water conservation (NPDES) activities. A significant sustainability
benefit is the reduction or elimination of pollutant discharges, which could degrade
local creeks and threaten the supply of clean water.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution including Engineer’s Report
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RESOLUTION NO.17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2017-2018
WHEREAS, the City Council of the City of Cupertino enacted Municipal Code
Chapter 3.36 in part to meet the City’s federally mandated Stormwater Pollution Prevention
and Management Program and establishing the authority for imposing and charging a storm
drainage service charge; and
WHEREAS, a report entitled “Engineer’s Report, Assessment of Fees for Storm
Drainage Purposes Nonpoint Source Pollution Program (Exhibit A),” concerning the method
of assessing an environmental fee to fund th e City’s Stormwater Management Program was
prepared by the Director of Public Works pursuant to Section 3.36.080(B) of the City’s
Municipal Code and filed with the City Clerk on March 28, 2017; and
WHEREAS, the report, filed with the City Clerk was available for public inspection
and review twenty (20) days prior to this public hearing; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:
1. After considering the report entitled “Engineer’s Report, Assessment of Fees for
Storm Drainage Purposes Nonpoint Source Pollution Program” and the testimony received at
this public hearing, the City Council hereby approves the report and herein incorporates it in
the resolution.
2. There is a need in the City for the continuation of a storm drainage service
charge to cover the costs of the federally mandated program as heretofore described, in that
properties within the city will not otherwise contribute a portion of costs toward this
program and without the availability of such storm drainage service charge, the City’s
general fund will eventually be negatively impacted in such a manner as to jeopardize other
essential services.
3. The facts and evidence presented establish that there is a reasonable
relationship between the need for this fee and the impacts for which this fee shall be used,
and that there is a reasonable relationship between the fee’s use and the properties, which are
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to be charged this fee. These relationships or nexuses are described in more detail in the
above referenced report.
4. The amounts of the fee for each category of property, as set forth below, are
reasonable amounts as such fees are based on runoff coefficients established in the Master
Storm Drain Study and below the cost recovery.
5. It is further determined that each and every parcel of land contained in said
report will, and has received a benefit of flood control from the storm drainage system and
that the charges imposed herein on each such parcel are in conformity with, and in fact lower
than, the benefits that such parcel has received as further described in the report.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino,
that:
1. Charge. The storm drainage service charge shall continue to be charged to each
parcel within the city to contribute to the costs of the City’s federal and state requirements for
Nonpoint Source Control and a Stormwater Management Program.
2. Use of Revenue. The revenue derived from said charge shall be used in
connection with implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code
entitled “Storm Drainage Service Charge” and Chapter 9.18 entitled “Stormwater Pollution
Prevention and Watershed Protection.”
3. Schedule of Charges.
(a) Annual fees for each category of property will be assessed and collected as
follows:
Residential premises $ 12.00/parcel
Apartment premises $144.00/acre
Commercial/Industrial premises $144.00/acre
Unimproved/Recreational $ 36.00/acre
(b) The following public properties are exempt from, and shall not be assessed
the environmental fee:
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Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Open Space District
United States of America
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding
to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days
from the date of its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 18th day of April, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
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EXHIBIT A
ENGINEER'S REPORT
ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES
NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees for funding the City of Cupertino's Nonpoint
Source Pollution Prevention Program mandated by the Environmental Protection Agency (EPA).
Regulations by the EPA and the State of California require cities to take specific actions to
eliminate or control pollutants in waters of the State.
The term "nonpoint source pollution" represents a process whereby pollutants, debris, sediment and
chemicals which accumulate on streets, in neighborhoods, construction sites, parking lots and other
exposed surfaces are washed off by rainfall and carried away by stormwater runoff (via City drain
inlets and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of
these pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil,
detergents, pet waste, paint, litter and other material carried through the City’s storm drainage
system—without treatment—directly to the Bay. Many of these pollutants are hazardous to aquatic
and human life.
The City of Cupertino has implemented several mandated and pro-active programs to mitigate this
problem. Among other activities, these programs include an illegal storm drain discharge
investigation and elimination complaint response program; scheduled proactive inspections of
outdoor housekeeping practices at business sites within the City; bi-weekly sweeping of residential
streets and weekly sweeping of commercial streets; installation of trash capture devices and curb
drain inlet screens to prevent litter from entering City’s storm drainage system; inspection and
cleaning of storm drain structures and trash capture devices; public education and engagement with
teachers and students, educational activities offered at City events; and a popular, unique and well-
established District-wide third-grade creek education & field trip program led by the City’s
naturalist at McClellan Ranch Preserve and Stevens Creek.
The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the
first Municipal Regional Permit (MRP) on October 14, 2009 and, on November 18, 2015, adopted
the second regional permit (MRP 2) with additional requirements that became effective on January
1, 2016. MRP 2 was issued to the City of Cupertino and 75 agencies or co-permittees which
discharge storm water through municipal drainage systems to local creeks and the San Francisco
Bay. The City and 14 other co-permittees are members of the Santa Clara Valley Urban Runoff
Pollution Prevention Program (SCVURPPP) which work collaboratively to maintain compliance
with MRP 2. In addition to conducting local activities, City staff work closely with the other
SCVRUPPP members to implement pollution prevention, source control, monitoring and outreach
programs. MRP 2 includes several mandated requirements that are being phased in over the five-
year permit term. The SCVURPPP has increased its co-permittee membership assessments to help
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meet these requirements. With these and new MRP-related costs and requirements on the horizon,
the City increased its NPS budget slightly to ensure its continued compliance. For FY 2016-2017,
the fee provided revenue of approximately $372,800, leaving approximately $297,000 to be paid
from the General Fund. While Proposition 218 essentially prevents the City from increasing
stormwater fees, it is important that the fees in place since 1992 continue to be collected.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2016-2017 was approximately $670.000. The breakdown of costs is estimated as follows:
Countywide Program $170,000
SCVURPPP1Program Assessment - Regional Permit Implementation
Regional Watershed Monitoring (administered by EOA, Inc.2)
State NPDES3 Permit Fees
Countywide Public Education and Municipal Staff Training
CA Stormwater Quality Association (CASQA) Participation
Annual Parcel Stormwater Fee Assessment for County
Policy Development
Contingencies
Operations and Maintenance $100,000
Catch Basin and Frequent Trash Capture Device Cleaning
Street Sweeping (weekly in commercial areas)
On-call Emergency Spill and Discharge Response
Staff and Equipment to Implement City’s Mandated Litter Reduction Plan
City Public Engagement and Education Awareness $50,000
Public Outreach Materials & Events
Third-Grade Creek Education for Local Schools
Support High School Students’ Watershed and Creek Education
Support De Anza College and Community Environmental Education
Community Engagement -Creek Cleanup& Watershed Monitoring Events
Staff to Conduct Public Education, Training and Outreach
CA Product Stewardship Council membership (Extended Producer Responsibility)
Local Programs $350,000
Development, Administration, and Evaluation of Mandated Programs
Environmental Impact and New and Redevelopment Review
Ordinance Revisions
1SCVURPPP: The Santa Clara Valley Urban Runoff Pollution Prevention Program is a collaborative of 15 municipalities and agencies in
Santa Clara County of which Cupertino is a member and co-permittee.
2 EOA, Inc. is the environmental engineering and regulatory consulting firm that manages the Santa Clara Valley Urban Runoff Pollution
Prevention Program for the co-permittees www.eoainc.com
3NPDES: National Pollutant Discharge Elimination System
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Database Maintenance
Illegal Discharge Complaint Investigation and Enforcement
Industrial/Commercial Discharger Inspection Program
Construction Site Inspection Program
Verification of Treatment Measure Maintenance by Private Property Owners
Low Impact Development (LID) and Green Infrastructure Oversight
Litter Reduction Education and Enforcement
City’s Participation in Multiple Countywide and Regional Programs
_______
TOTAL COST TO MAINTAIN CITY’S COMPLIANCE $670,000
C. Revenue and Assessment
Revenues generated to fund this program are based on a factor calculated from the City's Master
Storm Drain Study runoff coefficients and average area of impervious surface per acre based on
type of land-use development. The factor for each category is based on a comparison to an average
residential parcel assigned a factor of one.
The following table represents the approximate revenue stream for different categories of
development.
No. Parcels Annual Revenue
Development Category Factor or Acre Cost/Unit Generated
Residential 1 15,886 Pcls $ 12 $ 190,632
Commercial/Industrial/
Apartments 12 1,047.77 Ac $ 144 $ 150,879
Unimproved/Recreational 3 871.3 Ac $ 36 $ 31,367
_________
TOTAL $ 372,878
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
____________________________
Timm Borden
Director of Public Works
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2369 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:2/13/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: Municipal Code Amendment to Title 19, Zoning, of the Cupertino Municipal Code, to allow
the creating of Single-Story Overlay Zones in single-family residential zoning districts, and an
amendment to Fiscal Year 2016-17 Fee Schedule (Application No(s).: MCA-2017-02; Applicant(s):
City of Cupertino; Location: citywide)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Draft Resolution
C. Redline Changes - Single-Story Overlay
D - Comparison Chart
E - Planning Commission Resolution No. 6825
F - Draft Process and Guidelines
G - Redline Changes - Schedule C Planning Fees
H - Frequently Asked Questions
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Municipal Code Amendment to Title 19, Zoning, of the Cupertino Municipal Code, to
allow the creating of Single-Story Overlay Zones in single-family residential zoning districts,
and an amendment to Fiscal Year 2016-17 Fee Schedule (Application No(s).: MCA-2017-02;
Applicant(s): City of Cupertino; Location: citywide)
That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2.
Conduct the first reading of Ordinance No. 17-2162 “An Ordinance of the City Council of the
City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code Chapter 19.12
(Administration), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agricultural and
Residential Zones), and Chapter 19.28 (Single-Family Residential R-1) Zones), to create a
Single-Story Overlay District process”; and 3. Adopt Resolution No.17-037, amending the
2016-17 Fee Schedule to include Single-Story Overlay District applications (Resolution No.16-
131), effective June 19, 2017
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
Municipal Code Amendment to Title 19, Zoning, of the Cupertino Municipal Code, to
allow the creation of Single-Story Overlay Zones in single-family residential zoning
districts, and an amendment to Fiscal Year 2016-17 Fee Schedule. (Application No(s).:
MCA-2017-02; Applicant(s): City of Cupertino; Location: citywide)
Recommended Action
That the City Council:
1. Find that the proposed actions are exempt from CEQA; and
2. Conduct the first reading of the Draft Ordinance: “An ordinance of the City Council
of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal
Code Chapter 19.12 (Administration), Chapter 19.20 (Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zones), and Chapter 19.28 (Single-
Family Residential R-1) Zones), to create a Single-Story Overlay District process”
(see Attachment A).
3. Adopt the Draft Resolution amending the 2016-17 Fee Schedule to include Single-
Story Overlay District applications (Resolution No.16-131), effective June 19, 2017
(see Attachment B)
Discussion
Background
Currently, the City of Cupertino allows the development of two-story homes that meet
applicable regulations, in addition to making necessary findings to approve a Two-
Story permit, in the Single-Family Residential (R-1) Zones. However, there are
sometimes concerns from neighbors over two-story homes related to the height of the
proposed building, neighborhood compatibility, and impacts to privacy and light.
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The establishment of overlay zones or districts has typically been initiated by the City
Council at the request of residents. Currently, the City has the following overlay
districts in R-1 zones. These include:
Single-Story Overlay Districts, where an “i” suffix is added to the end of the R-1
zoning designation to indicate that development of new homes is limited to one
story. The City currently has four such zones.
The current regulation for “i” overlays limited building height to a single -story
(not to exceed 18 feet in height), and a second-story (addition or new home) may
be permitted through a Conditional Use Permit. It should be noted that staff is
not proposing to make any changes to these regulations;
Eichler District, where an “e” suffix is appended to the R-1 zoning designation to
indicate that new development, alteration or addition in this district must adhere
to specific design standards. The City currently has one such district;
Semi-Rural Agricultural District, where an “a” suffix is appended to the R-1
zoning designation to indicate that new development, alterations or addition in
that district must adhere to specific regulations. The City currently has one such
district.
In the summer of 2016, the City was asked by property owners in the Creston-Pharlap
neighborhood about allowing their neighborhood to create a Single-Story Overlay
District, as a result of concerns related to the approval of a complying two-story home
in their neighborhood. While Single-Story Overlay Districts exist in the City, as noted
above, the process for their creation, should an applicant wish to initiate an application,
is not clear. The establishment of Overlay Districts is different from other re-zoning
processes, in that, it involves multiple properties, in addition to those requesting the
Overlay District. As such, it can result in disagreements among property owners, and
the lack of a clear process may create confusion about how and when property owners
can provide input.
The recommendation that a clear and understandable process, for the establishment of
Single-Story Overlay Districts, that ensures that all property owners in a proposed
Overlay district have the ability to provide input on its creation, was presented to the
City Council on August 2, 2016. The City Council directed staff to develop an applicant
initiated process for the review and processing of requests for a Single-Story Overlay
District in Single-Family Residential Zones (including guidelines and related Zoning
Ordinance amendment(s)).
The proposed process (see Attachment A and C), discussed further below, is based on a
review of processes adopted by neighboring jurisdictions of Los Altos, Palo Alto,
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Sunnyvale and Mountain View, and the existing City processes for community driven
petitions (e.g. Permit Parking and Rural/Semi-Rural designation for determination of
street improvements (See Attachment D)).
Planning Commission Review
At its March 14, 2017 meeting, the Planning Commission reviewed the proposed
amendments, received public comments, and adopted Resolution No. 6825 on 4-1 vote
(Sun – no) recommending that the City Council adopt the Draft Ordinance with a
revision that staff evaluate the inclusion of thresholds for a minimum and/or maximum
number of properties within a proposed overlay district (see Attachment E.) This is
further discussed in the analysis below.
In addition, the Planning Commission discussed but did not recommend any changes
to the draft Ordinance related to the following items:
1. The establishment of the boundaries of the proposed Single-Story Overlay
District;
2. The petition threshold requirement that sixty-six and two-thirds (66-2/3) percent
of the property owners sign the petition in favor of the proposed Overlay;
3. The requirement that a minimum of 75% of homes within the proposed District
be single-story;
4. The basis of the mail-in ballot threshold – whether it should be a percentage of
the ballots received by the City or a percentage of the total number of ballots
mailed (currently proposed).
Comments from the public were supportive of the Single-Story Overlay District
process. One resident stated that single-story overlays gives them more control over
their neighborhoods.
Analysis
Proposed Overlay Process
The proposed process for establishing or removing a Single-Story Overlay District can
be summarized as follows:
1. An applicant would circulate a petition within the area where the Single-Story
Overlay District is being proposed.
2. If the petition is signed by a certain percentage of the owners within the proposed
District, the applicant would submit an application to the City.
3. City staff would begin working on the application including a review of typical
zoning requirements such as ensuring compliance with established regulations and
any related environmental review.
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4. The application would include a formal mail-in voting process for the property
owners with each developable lot getting one vote.
5. An application would only move forward and be scheduled for public hearings with
Planning Commission and City Council for final determination if a majority of a
neighborhood was in agreement with creating the single-story overlay.
In order to help applicants understand the process, staff will also provide a guideline
for submittal and the process. A draft outline of the guideline is attached (Attachment
F.)
Characteristics and Thresholds
Overlay District Boundary:
Based on a review of the neighboring jurisdictions, a requirement to make the
boundaries of the proposed Single-Story Overlay District correspond to natural or man-
made features (such as, streets, waterways, existing zoning boundaries etc.) to define an
identifiable neighborhood is standard practice. All the cities and petition processes
reviewed require the identification of discernable boundaries. This has been included as
a requirement in the Draft Ordinance.
Amendments to District Boundary upon Planning Commission Recommendation: The
inclusion of a minimum and/or a maximum threshold for the number of properties that
may be included in a proposed Overlay District was evaluated upon Planning
Commission’s recommendation. Jurisdictions vary in the requirement of a minimum
number of parcels in a proposed Overlay District, but none of the jurisdictions
evaluated have a requirement on the maximum number of parcels that may be
included. The cities of Los Altos and Sunnyvale require a minimum of ten (10) parcels
and twenty (20) parcels respectively, and Palo Alto has no minimum requirement. The
City of Mountain View does not have a requirement about the number of parcels to be
included in a proposed Overlay District and instead requires that it encompass one (1)
or more entire city blocks, or one (1) or more entire subdivision tracts, or street faces
opposite one another. Cupertino’s existing petition processes also require that at a
minimum one or more entire city blocks be included for both permit parking and semi-
rural designations.
The Draft Ordinance has been updated to include language requiring that the proposed
Overlay District boundary include one (1) or more entire city block(s), or one (1) or
more entire subdivision tract(s), or street faces opposite of one another (see yellow
highlights on final page in Attachment C.) However, no limitations have been placed on
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the maximum number of properties that could be included in a Single-Story Overlay
District.
Proposed Overlay District Characteristics:
In addition to having discernable boundaries as discussed above, jurisdictions require
that existing development within the proposed boundary be predominantly single-
story in order to create a definable and unified district. The City of Mountain View
requires 51 percent, while the cities of Palo Alto and Sunnyvale require 80 percent and
75 percent, respectively, of the existing homes in the proposed Overlay District to be
single story. However, the City of Los Altos does not have such a requirement. The
proposed ordinance requires that at least 75 percent of the existing homes in the
proposed Overlay District, with boundaries corresponding to natural or man-made
features, be single story.
Petition:
The draft ordinance requires that the petition circulated by the applicant within the
proposed Overlay District include a map of the proposed Single-Story Overlay District,
property addresses, property owner name(s), signature(s) and contact information of
the petitioner (in case of questions).
Original Petition Thresholds:
The draft ordinance requires that in order for an application to be eligible for
submission, a minimum of 66-2/3 percent (or two-thirds) of the properties in the
proposed District must sign the original petition. The City of Los Altos requires 50
percent of the property owners to proceed, while the cities of Palo Alto, Mountain View
and Sunnyvale require 70 percent, 50 percent and 55 percent respectively. The proposed
threshold is consistent with the current threshold required for the City’s permit parkin g
and rural/semi-rural designation petition processes.
Mail-in Ballot Threshold:
Once an application is made, based on the above qualifications, mail-in ballots would
be sent out and collected by the City. The cities of Los Altos and Mountain View have a
requirement that two-thirds of the ballots received by the City must be in favor of the
proposal for proceeding to a public hearing. Neither the cities of Sunnyvale and Palo
Alto, nor Cupertino’s permit parking and rural/semi-rural designation petition
processes, have a mail in ballot provision.
The draft ordinance proposes that a minimum of 66-2/3 percent (or two-thirds) of the
ballots mailed must be received by the City with a vote in favor of the proposal in order
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for the application to move forward and be scheduled for hearings. Staff is
recommending this so that the City has an independent process whereby ballots are
sent to the property owners in the proposed District and received back from each
property owner by a deadline.
Deadline for Mail in Ballot Receipt:
As previously mentioned, the cities of Palo Alto and Sunnyvale do not have a mail in
ballot requirement. The City of Los Altos allows four (4) weeks to return ballots to the
city, while the City of Mountain View (which does not have any codified requirements
on this) allows, as a matter of practice, five (5) weeks to return ballots on this issue to
the city. The proposed regulations recommend a six (6) week deadline for the ballots to
be received by the city. In order to ensure that property owners have adequate time to
respond to the mail in ballot for the implementation of the Single-Story Overlay District,
an extended deadline is recommended.
Site Signage:
The City currently requires, that in addition to the public hearing notices required for
zoning applications, that site signage be placed in the front yard of the property(ies)
being re-zoned. However, since this process would establish a zoning district, an area
larger than a few properties, the draft ordinance proposes that site signage be placed in
the closest yard at the boundaries of the proposed Overlay District. For such an
application, multiple site signs may be required.
Fee:
The cities of Los Altos, Palo Alto, and Sunnyvale have adopted varying fees for Single-
Story Overlay project depending on whether they are “fee-for-service” cities or not. The
cities of Palo Alto and Mountain View are “fee-for-service” cities and are considered
“cost-recovery” cities. The cities of Sunnyvale and Los Altos are not “fee-for-service”
cities and therefore, not considered, in the fee recommendation. The City of Palo Alto’s
current fee schedule sets a fee of $6,454 with additional fees for environmental review
and noticing. Mountain View treats Single-Story Overlay applications like other re-
zoning applications that are subject to a deposit based on an hourly rate. Therefore, the
final fee is based on the time required to process the project. Larger and more
complicated projects would be charged more while smaller Overlay applications would
be charged less.
It is recommended that similar to the City of Mountain View, and the City’s current fees
for rezoning applications, that the application fee for Single-Story Overlay District
applications be a deposit (see Attachment B and G.) The deposit allows for flexibility in
77
accommodating applications of differing magnitudes as well as other costs such as
noticing and mailings while ensuring cost-recovery for the City.
Noticing and Public Outreach
The following noticing has been conducted for this hearing as required by the City’s
Municipal Code and State Law:
Notice of Public Hearing, Site Notice &
Legal Ad
Agenda
Legal ad placed in newspaper twice
(at least 10 days and 5 days prior to
hearing since fee schedule amendments
involved)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the City's official notice
bulletin board (five days prior to
hearing)
Posted on the City of Cupertino’s
Web site (five days prior to hearing)
In addition, a Public Outreach Meeting was hosted by the City on December 7, 2016.
Two (2) members of the public attended the meeting. They had an opportunity to view
a draft of the process and were supportive of the proposed process.
The City has also prepared a list of Frequently Asked Questions that is available online
and attached as Attachment H.
Other than those previously received by the Planning Commission, no public comments
have been received on this subject as of April 12, 2017.
Environmental Review
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA, Section 15063 (b) (3)).
Sustainability Impact
The proposed ordinance has no sustainability impact.
Fiscal Impact
Since it is recommended that an application fee, set up as a deposit for time spent on a
project, be adopted, there are no fiscal impacts to the City’s General Fund.
_________________
Prepared by: Erick Serrano, Associate Planner
Piu Ghosh, Principal Planner
Reviewed by: Benjamin Fu, Assistant Community Development Director
78
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Ordinance
B – Draft Resolution
C - Redline document indicating changes in Chapter 19.12, 19.20, and 19.28.
D - Comparison of Neighboring Jurisdictions Single-Story Overlay District, City of
Cupertino Semi-Rural Designation, and City of Cupertino Parking processes
E - Planning Commission Resolution No. 6825
F - Draft Guidelines for Submittal of an Application for Single-Story Overlay District
G - Redline document indicating amendments to Fee Schedule C – Planning Fees
H - Frequently Asked Questions
79
MCA-2017-02
ORDINANCE NO. 17-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE AND
CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND
RESIDENTIAL ZONES), AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES), TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
WHEREAS, on August 2, 2016, the City Council directed Staff to develop a process to
allow applicants to submit applications for initiating Single-Story Overlay Districts;
WHEREAS, a community meeting was held on December 7, 2016 to allow the public an
opportunity to review the draft regulations;
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Commission held public hearings on March 14, 2017 to consider the project; and
WHEREAS, with Resolution No. 6825 the Planning Commission has recommended on
a 4-1 (Sun – no) vote that the amendments to the Municipal Code be granted; and
WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one
public hearing to consider these amendments to the Municipal Code be granted; and
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) in that proposed Ordinance is not a project within the meaning
of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as
follows:
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt. Code
65350-65362
Yes - CA. Govt.
Code
65350-65362 Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH
CA. Govt. Code
65853 - 65856
Yes -
19.152.020 Minor G - - R F PH Yes -
Single Story Overlay
District - - R F PH Yes -
Zoning Text Amendments - - R F PH CA. Govt. Code
65853 - 65856 - - 19.152.030
Specific Plans - - R F PH CA. Govt. Code
65350-65362 - - 20.04.030
Development Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 years 19.156.050 Minor G F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt. Code Yes 2 years 19.156.050
81
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Minor G, I F - A1/F/R A1/A2/F PH 65905 Yes 2 years
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus (Residential) - R F Based on concurrent application 19.52
Adult-Oriented Commercial
Activity (CUP) - - R F PH CA. Govt. Code
65905/ 300’ Yes 2 years 19.128.030&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH
19.12.110/ 300’
Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 19.12.110/ 300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non-conforming
Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless Antennas I F - F/ A1 A2 Varies I Depends on
application type Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board &
Freeway Oriented Signs I - F F A1 L PM 19.12.110/
300’ No 1 year 19.104
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Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F A1 A1 L /A2 Varies M 19.12.110/
Adjacent/ 300’ N Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 L PM Yes 1 year
Protected Trees
Tree Removal F - A1 A2 CP
Adjacent/
Depending on
type of
application
Yes 1 year 14.18.180
Heritage Tree
Designation & Removal - - F A1 PM 19.12.110/ 300’ Yes - 14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
83
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F - A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects F - A1 A2 - 19.12.110/ None No 2 years
Key:
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any
one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
R—Review and recommendation body F — Final decision-making body unless appealed A1 —Appeal Body on first appeal
A2 — Appeal body on second appeal PH – Public Hearing PM – Public Meeting
CP – Comment Period
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F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or
greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than
fifty residential units. Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor
Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor
building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in
such zones where review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.
85
SECTION 2. Section 19.12.080, “Application Process”, of Chapter 19.12 of Title
19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required b y
this title shall be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB;
86
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application;
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for establishment or removal of Single-Story Overlay
District in Single Family (R1) zoning districts (Single-Story Overlay District
Applications) shall also include information required per Section 19.28.050(B);
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040;
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050(H); and
d. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010;
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020;
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060;
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050; and
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant,
deny, or impose conditions or restrictions on a permit or other action on a permit as
well as to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
SECTION 3. Section 19.12.090, “Action by Director”, of Chapter 19.12 of Title 19
of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development
shall:
87
A. Within thirty days determine whether the application is complete or needs
additional information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single-
Story Overlay District Application. The ballot shall, in addition to information
related to the proposal, include the following information:
1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(1);
2. Statement indicating that each developable lot of record shall have one (1) vote;
and
3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on
which a completed ballot must be postmarked or received by the City in order to
be accepted.
C. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
special meeting of the approval authority for the project for applications that
require a public hearing or public meeting, except that Single-Story Overlay
District Applications shall be scheduled for a public hearing, only if the result of
the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a
minimum sixty-six and two-thirds (66 2/3) percent by the property owners
within the proposed or existing Single-Story Overlay District; or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that
do not need a public hearing or public meeting.
SECTION 4. Section 19.12.110, “Noticing”, of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
88
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
89
D. Notice of Comment Period: For projects requiring notice of a comment period,
notice shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days
prior to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from
the street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site,
except that for Single-Story Overlay District Applications, the notice(s) shall be
installed in the closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide,
firmly attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing
and shall remain in place until an action has been taken on the application and
the appeal period has passed.
3. The notice shall contain the following:
90
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
SECTION 5. Section 19.20.020, “Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones”, of Chapter 19.20 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28.040 (I) of this chapter, provided that the
Planning Commission determines that the
structure will not result in privacy impacts,
shadowing or intrusive noise, odor, or other
adverse impacts to the surrounding area;
CUP-
PC
SECTION 6. Section 19.28.040, “Permits Required for Development”, of Chapter
19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single-
Family Residential district.
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Planning permit required prior to
building permit application
Approval
authority
Type of Project
A. None
Admin.
One-story project that does not require exception or
variance from the requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 19.28.100 in all districts
except R1-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope , subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1-a
5. Any active or passive solar structure that requires
variation from the setback or height restrictions of
this chapter, provided that provided that no such
structure shall infringe upon solar easements or
adjoining property owners
6. One or two-story addition or new home on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor Modification,
pursuant to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1-a zone, subject to the
requirements of Section 19.28.100.
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home in all
districts that do not require Residential Design
Review per Section 19.28.040 (E) except in an R1-a
zone.
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Planning permit required prior to
building permit application
Approval
authority
Type of Project
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration Admin.
with
design
review
Two-story addition or new two-story home in all
districts except R1-a where:
1. Second floor to first floor area ratio is greater than
66%, except any second to first floor ratio for
development on building pads/graded areas with
actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less
than 15 feet to any interior side property line
DRC
with
design
review
Two-story addition, new two-story home, and/or
second story deck in the R1-a zone
F. Exception, pursuant to Chapter
19.12, Administration & Section
19.28.130, Exceptions DRC
One or two-story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)], 19.28.080 [Eichler R1-e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
G. Hillside Exception, pursuant to
Chapter 19.12, Administration
PC
Development (area greater than 500 square feet) on
slopes greater than 30%
H. Architectural and Site Approval,
pursuant to Chapters 19.12,
Administration
One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. Minor Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home in an R1
zoning district with an “i” suffix
J. Single-Story Overlay District
Application, pursuant to
Chapter 19.12, Administration CC
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District
(Addition or removal of the “i” suffix in an R1 zoning
district)
93
SECTION 7. Section 19.28.050, “Zoning Districts Established”, of Chapter 19.28
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.050 Zoning Districts Established.
A. Table 19.28.050 (A) below sets forth the zoning districts established.
Zoning
Designation
Zoning Definition
R1-X Single Family Residential District- Minimum lot area corresponds
to the number (X), multiplied by 1,000 square feet
R1-Xi Residential Single-Family Single-Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)- [minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the ‘i’ symbol]. May be combined with all R1 zoning
designations.
R1-6e Single Family Residential Eichler District (6,000 minimum lot area)
R1-a Single Family Residential District with Semi-Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In
addition to the application requirements identified in Chapter 19.12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the Single-Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,)
which would result in the establishment of an identifiable neighborhood, that
includes one (1) or more entire city block(s), or one (1) or more entire subdivision
tract(s), or street face(s) opposite of one another within a block;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts
relied upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single-Story Overlay District. The petition shall contain information about the
proposal including, but not be limited to, the following:
a. Map pursuant to Section 19.28.050(B)(1)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d. Applicant Contact Information
94
SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council on this 18th
day of April, 2017 and ENACTED at a regular meeting of the Cupertino City Council on
this ____ of __________ 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
95
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING PREVIOUS FEE RESOLUTION
WHEREAS, the State of California requires fees charged for service rendered not to
exceed the cost of delivering said services; and
WHEREAS, a public hearing has been held to review user fees; and
WHEREAS, the City Council of the City of Cupertino has established guidelines for
setting user fees;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. User Fee Resolution Number 16-131 is hereby amended
2. User fees are amended per attached Schedule C
3. User fees amended in Schedule C are effective June 19, 2017
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of April, 2017 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_______________________ __________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
96
CITY OF CUPERTINO
RESOLUTION No. 17-XXXX
Schedule C – Planning
DEFINITIONS
A. Major
10,000 or more square feet commercial/office/non-residential/industrial; six or more
residential units.
B. Minor
Less than 10,000 square feet commercial/office/non-residential/industrial; less than six
residential units.
C. Minor Architectural and Site Approval
Architectural approval of the following: Minor building modifications, landscaping, signs
and lighting for new development, redevelopment or modification in such zones where
such review is required.
D. Major Architectural and Site Approval
Architectural approval of all other development projects.
E. Appeal
A request from the project applicant or interested party to reverse or amend a decision
made by staff or an advisory body. An appointed public official serving on the board
that made the decision subject to the appeal, an appointed public official serving on a
board that is directly affected by the decision and the City Council members are
exempted from the fee requirement. At the conclusion of the appeal hearing, the City
Council may choose to, in its sole discretion, refund all, a portion of, or none of the appeal
fee.
F. Directors Application
An application that receives final approval by staff either via an advertised public
hearing or non-hearing format. The application may involve a pre-application meeting
and/or Environmental Review committee review.
G. Temporary Sign Permit
A staff review of a temporary sign application that includes an evaluation of the sign
request, the entry into the temporary log and site review by Code Enforcement Officers.
The permit fee is in addition to the submittal of a deposit to guarantee removal of the sign
upon expiration of the temporary permit.
H. Tentative Map: Five or more parcels.
I. Parcel Map: Four or less parcels.
97
J. Housing Mitigation Fee
In accordance with the City of Cupertino’s Housing Element, Section 19.72.030 of the
Cupertino Municipal Code and the BMR Housing Mitigation Program Procedural
Manual.
Note: Mixed use applications will be classified based upon the highest intensity and
review process. The Director of Community Development will have discretion to classify
projects based upon the above criteria.
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
General Plan
Authorization Planning Staff
Hourly Rate No Change Amendment
Zoning
Planning Staff
Hourly Rate No Change Zoning Map Amendment
Zoning Text Amendment
Single-Story Overlay District
Study Session Planning Staff
Hourly Rate No Change
Development Agreement1 Planning Staff
Hourly Rate No Change
Planning Staff Hourly Rate1 203 No Change
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
Tentative Map (See Definition H) 21,179 No Change
Parcel Map (See Definition I) 12,732 No Change
Use Permit / Development Permit - Major 21,343 No Change
Use Permit / Development Permit - Minor 12,809 No Change
Amendment to Use Permit / Development Permit - Major 10,746 No Change
Amendment to Use Permit / Development Permit - Minor 5,884 No Change
Architectural and Site Approval - Major (See Definition D) 13,189 No Change
Architectural and Site Approval - Minor (See Definition C) 8,862 No Change
Architectural and Site Approval - Minor Duplex / Residential
(See Definition C) 4,500 No Change
Planning Commission Interpretation 4,762 No Change
Exception 4,509 No Change
Heart of the City 13,063 No Change
Hillside Exception 13,539 No Change
R-1 Design Review 3,600 No Change
R-1 No Design Review 3,000 No Change
98
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
R-1 Exception 4,673 No Change
Minor Residential Permit 2,311 No Change
Environmental Impact Report (Plus State & County Filing Fees)
Contract+Admin
Fee No Change
Negative Declaration - Major (Plus State & County Filing Fees)
Contract+Admin
Fee No Change
Negative Declaration - Minor (Plus State & County Filing Fees)
Contract+Admin
Fee No Change
Categorical Exemption (Plus County Filing Fee) 230 No Change
Sign Exception 3,290 No Change
Fence Exception - R1 and duplex 859 No Change
Fence Exception - other 2,891 No Change
Variance 5,167 No Change
Minor Modification 3,156 No Change
Conditional Use Permit - Administrative 4,676 No Change
Reasonable Accommodation 750 No Change
Tree Removal Permit (no Arborist review required)
First Tree 200 No Change
Each Additional Tree 100 No Change
Tree Removal Permit (Arborist review required)
First Tree 300 No Change
Each Additional Tree 150 No Change
Retroactive Tree Removal Penalty 3,325 No Change
Tree Management Plan 4,702 No Change
Heritage Tree Designation 250 No Change
Temporary Use Permit 2,824 No Change
Temporary Sign Permit (See Definition G) 319 No Change
Sign Program 2,582 No Change
Appeals (See Definition E)
Planning Commission 230 No Change
City Council 230 No Change
Zoning Verification Letter 338 No Change
Public Convenience and Necessity Letter (Alcoholic Beverage License)
169 No Change
Wireless Master Plan Fee: Other Personal Wireless Facility (Charged at
Building Permit)
1,350 No Change
Extension of Approved Entitlements 1,280 No Change
Legal Noticing Fee (previously Legal Noticing Deposit) 268 No Change
Fee Description Effective Effective
99
February 6, 2017 June 19, 2017
Zoning, Planning, Municipal Code Fees
All Non-Residential and Multi-Family (per sq.ft.) 0.30 No Change
Residential Single Family (per sq. ft.) 0.14 No Change
General Plan Office Allocation Fee (per sq. ft.) 0.28 No Change
Wireless Master Plan Fee: Equipment Mount on Existing Light Utility
Pole
6.19 No Change
Housing Mitigation In-Lieu Fees (See Definition J)
Residential - Ownership (per sq. ft.)
Detached Single Family Residence 15.48 No Change
Small Lot Single Family Residence or Townhome 17.03 No Change
Multi-family Attached Townhome or Condominium (up to 35 du/ac) 20.64 No Change
Multi-family Attached Townhome or Condominium (over 35 du/ac) 20.64 No Change
Residential - Rental (per sq. ft.)
Multi-family Attached Townhome or Apartment (up to 35 du/ac) 20.64 No Change
Multi-family Attached Townhome or Apartment (over 35 du/ac) 25.80 No Change
Non-Residential (per sq. ft.)
Office, Research and Development, or Industrial 20.64 No Change
Hotel 10.32 No Change
Commercial/Retail 10.32 No Change
1Applications may be subject to a Planning Staff Hourly Rate fee for applicable staff time, and vendor
invoice. These fees apply to projects that require a level of staff support greater than the scope of work
included in the regular fee schedule and will be based on the time and materials required to process the
entire project. The applicant will be notified if these fees are applicable to their project.
2Based on Below Market Rate Housing Mitigation Procedural Manual and 2015 Nexus Study. These fees
are to increase annually by the San Francisco Bay Area Consumer Price Index (CPI)
An administrative fee of 15% (see General Fees - Schedule A) will be charged for outside agency
review/consultant services.
If plans are submitted on paper, the City's cost of scanning plans, plus an administrative fee of 15% (see
General Fees - Schedule A), will be charged.
100
MCA-2017-02
Draft Ordinance No. 17-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE AND
CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES), AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES),
TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
WHEREAS, on August 2, 2016, the City Council directed Staff to develop a process to
allow applicants to submit applications for initiating Single-Story Overlay Districts;
WHEREAS, a community meeting was held on December 7, 2016 to allow the public an
opportunity to review the draft regulations;
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Commission held public hearings on March 14, 2017 to consider the project; and
WHEREAS, with Resolution No. 6825 the Planning Commission has recommended on a
4-1 (Sun – no) vote that the amendments to the Municipal Code be granted; and
WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one
public hearing to consider these amendments to the Municipal Code be granted; and
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) in that proposed Ordinance is not a project within the meaning of
section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because
it has no potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it is
subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on the
environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the not
a project determination and exemption, and using its independent judgment, determines
the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
101
SECTION 1. Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as
follows:
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt. Code
65350-65362
Yes - CA. Govt.
Code
65350-65362 Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH
CA. Govt. Code
65853 - 65856
Yes -
19.152.020 Minor G - - R F PH Yes -
Single Story Overlay
District - - R F PH Yes -
Zoning Text Amendments - - R F PH CA. Govt. Code
65853 - 65856 - - 19.152.030
Specific Plans - - R F PH CA. Govt. Code
65350-65362 - - 20.04.030
Development Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 years 19.156.050 Minor G F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH Yes 2 years 19.156.050
102
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Minor G, I F - A1/F/R A1/A2/F PH CA. Govt. Code
65905 Yes 2 years
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus (Residential) - R F Based on concurrent application 19.52
Adult-Oriented Commercial
Activity (CUP) - - R F PH CA. Govt. Code
65905/ 300’ Yes 2 years 19.128.030&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH
19.12.110/ 300’
Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 19.12.110/ 300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non-conforming
Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless Antennas I F - F/ A1 A2 Varies I Depends on
application type Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
103
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Neon, Reader board &
Freeway Oriented Signs I - F F A1 L PM 19.12.110/
300’ No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F A1 A1 L /A2 Varies M 19.12.110/
Adjacent/ 300’ N Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 L PM Yes 1 year
Protected Trees
Tree Removal F - A1 A2 CP
Adjacent/
Depending on
type of
application
Yes 1 year 14.18.180
Heritage Tree
Designation & Removal - - F A1 PM 19.12.110/ 300’ Yes - 14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions O
104
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits, Minor
Residential Permits and
Exceptions
F - A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects F - A1 A2 - 19.12.110/ None No 2 years
Key:
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
one of the applications.
R—Review and recommendation body F — Final decision-making body unless appealed A1 —Appeal Body on first appeal
A2 — Appeal body on second appeal PH – Public Hearing PM – Public Meeting
CP – Comment Period
105
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one
of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map
or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater
than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty
residential units. Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor
Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building
architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones
where review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.
106
SECTION 2. Section 19.12.080, “Application Process”, of Chapter 19.12 of Title
19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required b y
this title shall be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and who
have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the location
of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window
treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB;
107
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application;
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for establishment or removal of Single-Story Overlay
District in Single Family (R1) zoning districts (Single-Story Overlay District
Applications) shall also include information required per Section 19.28.050(B);
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040;
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050(H); and
d. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010;
14. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020;
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060;
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050; and
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant, deny,
or impose conditions or restrictions on a permit or other action on a permit as well as
to conduct and make any decisions necessary for environmental review under the
California Environmental Quality Act.
SECTION 3. Section 19.12.090, “Action by Director”, of Chapter 19.12 of Title 19
of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development
shall:
108
A. Within thirty days determine whether the application is complete or needs additional
information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single-
Story Overlay District Application. The ballot shall, in addition to information related
to the proposal, include the following information:
1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(1);
2. Statement indicating that each developable lot of record shall have one (1) vote;
and
3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on
which a completed ballot must be postmarked or received by the City in order to
be accepted.
C. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
special meeting of the approval authority for the project for applications that
require a public hearing or public meeting, except that Single-Story Overlay
District Applications shall be scheduled for a public hearing, only if the result of
the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum
sixty-six and two-thirds (66 2/3) percent by the property owners within the
proposed or existing Single-Story Overlay District; or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that
do not need a public hearing or public meeting.
SECTION 4. Section 19.12.110, “Noticing”, of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
109
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or delivered
notice, the Director may provide published notice as provided in Government
Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
110
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to
the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other manner
it deems necessary or desirable. If the Director of Community Development believes
the project may have impacts beyond the range of the mailed notice, particularly on
nearby residential areas, the Director, in his or her discretion, may expand noticing
beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from
the street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site, except
that for Single-Story Overlay District Applications, the notice(s) shall be
installed in the closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to install
more than one notice.
c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly
attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing and
shall remain in place until an action has been taken on the application and the
appeal period has passed.
3. The notice shall contain the following:
111
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at the
sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
SECTION 5. Section 19.20.020, “Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones”, of Chapter 19.20 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28.040 (I) of this chapter, provided that the
Planning Commission determines that the
structure will not result in privacy impacts,
shadowing or intrusive noise, odor, or other
adverse impacts to the surrounding area;
CUP-
PC
SECTION 6. Section 19.28.040, “Permits Required for Development”, of Chapter
19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single-
Family Residential district.
112
Planning permit required prior to
building permit application
Approval
authority
Type of Project
A. None
Admin.
One-story project that does not require exception or
variance from the requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 19.28.100 in all districts
except R1-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope , subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1-a
5. Any active or passive solar structure that requires
variation from the setback or height restrictions of
this chapter, provided that provided that no such
structure shall infringe upon solar easements or
adjoining property owners
6. One or two-story addition or new home on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor Modification,
pursuant to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1-a zone, subject to the
requirements of Section 19.28.100.
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home in all
districts that do not require Residential Design
Review per Section 19.28.040 (E) except in an R1-a
zone.
113
Planning permit required prior to
building permit application
Approval
authority
Type of Project
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration Admin.
with
design
review
Two-story addition or new two-story home in all
districts except R1-a where:
1. Second floor to first floor area ratio is greater than
66%, except any second to first floor ratio for
development on building pads/graded areas with
actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less
than 15 feet to any interior side property line
DRC
with
design
review
Two-story addition, new two-story home, and/or
second story deck in the R1-a zone
F. Exception, pursuant to Chapter
19.12, Administration & Section
19.28.130, Exceptions DRC
One or two-story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)], 19.28.080 [Eichler R1-e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
G. Hillside Exception, pursuant to
Chapter 19.12, Administration
PC
Development (area greater than 500 square feet) on
slopes greater than 30%
H. Architectural and Site Approval,
pursuant to Chapters 19.12,
Administration
One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. Minor Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home in an R1
zoning district with an “i” suffix
J. Single-Story Overlay District
Application, pursuant to
Chapter 19.12, Administration CC
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District
(Addition or removal of the “i” suffix in an R1 zoning
district)
114
SECTION 7. Section 19.28.050, “Zoning Districts Established”, of Chapter 19.28
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.050 Zoning Districts Established.
A. Table 19.28.050 (A) below sets forth the zoning districts established.
Zoning
Designation
Zoning Definition
R1-X Single Family Residential District- Minimum lot area corresponds
to the number (X), multiplied by 1,000 square feet
R1-Xi Residential Single-Family Single-Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)- [minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the ‘i’ symbol]. May be combined with all R1 zoning
designations.
R1-6e Single Family Residential Eichler District (6,000 minimum lot area)
R1-a Single Family Residential District with Semi-Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In
addition to the application requirements identified in Chapter 19.12.080, the applicant
shall submit the following:
1. Map delineating proposed boundaries for the Single-Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,) which
would result in the establishment of an identifiable neighborhood, that includes
one (1) or more entire city block(s), or one (1) or more entire subdivision tract(s),
or street face(s) opposite of one another within a block;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts relied
upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single-Story Overlay District. The petition shall contain information about the
proposal including, but not be limited to, the following:
a. Map pursuant to Section 19.28.050(B)(1)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d. Applicant Contact Information
115
SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
SECTION 11: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day
of ___________ 2017 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ of __________ 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
116
Minimum Maximum
Los Altos Yes Ten (10) None 75%50% Yes
66‐2/3% of ballots
received by City Four (4) weeks After seven years
of establishment. Same as establishment.$4,500 + Supplies and postage
provided by applicant No
Mountain View Yes
One (1) or more
entire city block or
one (1) or more
entire subdivision
tracts or street faces
opposite one
another.
None 51%50% Yes
67% of ballots
received by City
Five (5) weeks*
* not codified At any time. Same as establishment.
Application subject to a deposit
based on an hourly rate. Final
application fee based on the
time required to process the
project.
Yes
Palo Alto Yes None None 80% 70% No N/A N/A At any time. Same as establishment.$6,454 + Environmental Fees +
Noticing Fees Yes
Sunnyvale Yes Twenty (20) None 75%55% No N/A N/A At any time. Same as establishment.$147.00/lot + 1 technology fee
for entire application. No
Permit Parking Yes
One (1) or more
entire city block
and must include
homes on both
sides of a street.
None N/A 66‐2/3% No N/A N/A At any time. Same as establishment.
$1,705 ($938 for Application
Phase and $767 for
Implementation Phase)
Yes
Semi‐Rural
Designation Yes One (1) or more
entire city block None N/A 66‐2/3% No N/A N/A At any time. Same as establishment.
$2,471 ($1,533 for Application
Phase and $938 for
Implementation Phase)
Yes
Proposed Overlay
Process Yes
One (1) or more
entire city block or
one (1) or more
entire subdivision
tracts or street
faces opposite one
another.
None 75% 66‐2/3% Yes
66‐2/3% of ballots
mailed by City Six (6) weeks At any time. Same as establishment.
Application subject to a
deposit based on an hourly
rate. Final application fee
based on the time required to
process the project.
Yes
Comparison of Neighboring Cityʹs Single‐Story Overlay District, City of Cupertino Permit Parking and Semi‐Rural Designation Petition processes
Neighboring Cities Overlay Process
Cupertino Petition Processes
Establish
Clear
Boundary?
Number of Parcels Within
Boundary
Existing Single‐
Story Homes in
Proposed District
Initial
Property
Owner
Support
Mail in
Vote?
Mail In Ballot
Support in Favor
before Sceduling
Public Hearings
Timeline for
Considering
Removal
Removal Process
ʺFee‐for‐Serviceʺ or
ʺCost‐Recoveryʺ
City?
Deadline for
Mail In Ballot
Receipt
Total Fees
117
1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6825
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CUPERTINO AMENDING TITLE 19, ZONING, OF THE CUPERTINO
MUNICIPAL CODE CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES, AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES), TO
CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
The Planning Commission recommends the City Council:
1. Find that the Ordinance that proposed Ordinance is not a project within the
meaning of section 15378 of the California Environmental Quality Act (“CEQA”)
Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately; and further find that in the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen
with certainty to have no possibility of a significant effect on the environment; and
2. Adopt the proposed Ordinance, with an amendment to consider requiring a
minimum and/or a maximum number of properties within a proposed single-story
overlay district, in substantially the form as shown in Exhibit “A” attached hereto
and entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE CHAPTER 19.12
(ADMINSTRATION), CHAPTER 19.20 (PERMITTED, CONDITIONAL AND EXCLUDED
USES IN AGRICULTURAL AND RESIDENTIAL ZONES, AND CHAPTER 19.28 (SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES), TO CREATE A SINGLE-STORY OVERLAY
DISTRICT PROCESS”
118
- 2 -
PASSED AND ADOPTED this 14th day of March 2017, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Paulsen, Takahashi, Liu, Fung
NOES: COMMISSIONERS: Chair Sun
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Benjamin Fu /s/Don Sun
Benjamin Fu Don Sun
Assistant Community Development Director Chair, Planning Commission
119
MCA-2017-02
3
EXHIBIT “A”
Draft Ordinance No. 17-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, ZONING, OF THE CUPERTINO MUNICIPAL CODE AND
CHAPTER 19.12 (ADMINSTRATION), CHAPTER 19.20 (PERMITTED,
CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL
ZONES, AND CHAPTER 19.28 (SINGLE-FAMILY RESIDENTIAL (R-1) ZONES),
TO CREATE A SINGLE-STORY OVERLAY DISTRICT PROCESS
WHEREAS, on August 2, 2016, the City Council directed Staff to develop a process to
allow applicants to submit applications for initiating Single-Story Overlay Districts;
WHEREAS, a community meeting was held on December 7, 2016 to allow the public an
opportunity to review the draft regulations;
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Commission held public hearings on March 14, 2017 to consider the project; and
WHEREAS, with Resolution No. XXXX the Planning Commission has recommended on
a X-X vote that the amendments to the Municipal Code be granted; and
WHEREAS, on April 18, 2017, upon due notice, the City Council has held at least one
public hearing to consider these amendments to the Municipal Code be granted; and
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) in that proposed Ordinance is not a project within the meaning
of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
120
4
SECTION 1. Section 19.12.030, of Chapter 19.12 of Title 19 of the Cupertino Municipal Code is hereby amended to read as
follows:
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits.
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt. Code
65350-65362
Yes - CA. Govt.
Code
65350-65362 Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH
CA. Govt. Code
65853 - 65856
Yes -
19.152.020 Minor G - - R F PH Yes -
Single Story Overlay
District - - R F PH Yes -
Zoning Text Amendments - - R F PH CA. Govt. Code
65853 - 65856 - - 19.152.030
Specific Plans - - R F PH CA. Govt. Code
65350-65362 - - 20.04.030
Development Agreements - - R F PH CA. Govt. Code
65867 Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 years 19.156.050 Minor G F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt. Code Yes 2 years 19.156.050
121
- 5 -
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Minor G, I F - A1/F/R A1/A2/F PH 65905 Yes 2 years
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus (Residential) - R F Based on concurrent application 19.52
Adult-Oriented Commercial
Activity (CUP) - - R F PH CA. Govt. Code
65905/ 300’ Yes 2 years 19.128.030&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH
19.12.110/ 300’
Yes 2 years 19.44,
19.156,
19.164 Minor G F - A1 A2 PM/PH Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Hillside Exception/ Height
Exception / Heart of the City
Exception I
- - F A1 PH 19.12.110/ 300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non-conforming
Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless Antennas I F - F/ A1 A2 Varies I Depends on
application type Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board &
Freeway Oriented Signs I - F F A1 L PM 19.12.110/
300’ No 1 year 19.104
122
- 6 -
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F A1 A1 L /A2 Varies M 19.12.110/
Adjacent/ 300’ N Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 L PM Yes 1 year
Protected Trees
Tree Removal F - A1 A2 CP
Adjacent/
Depending on
type of
application
Yes 1 year 14.18.180
Heritage Tree
Designation & Removal - - F A1 PM 19.12.110/ 300’ Yes - 14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions O
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
123
- 7 -
Type of Permit or Decision
A, B
Administrativ
e Review
Design
Review
Committee
Planning
Commission
City
Council
Public Hearing/
Public Meeting/
Comment Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits,
Minor Residential
Permits and Exceptions
F - A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects F - A1 A2 - 19.12.110/ None No 2 years
Key:
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any
one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
R—Review and recommendation body F — Final decision-making body unless appealed A1 —Appeal Body on first appeal
A2 — Appeal body on second appeal PH – Public Hearing PM – Public Meeting
CP – Comment Period
124
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F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or
greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than
fifty residential units. Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor
Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor
building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in
such zones where review is required and minor modifications of duplex and multi-family buildings.
L. Appeals of Design Review Committee decisions shall be heard by the City Council.
M. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.
125
9
SECTION 2. Section 19.12.080, “Application Process”, of Chapter 19.12 of Title
19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required by
this title shall be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB;
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11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application;
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for establishment or removal of Single-Story Overlay
District in Single Family (R1) zoning districts (Single-Story Overlay District
Applications) shall also include information required per Section 19.28.050(B);
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040;
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050(H); and
d. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010;
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020;
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060;
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050; and
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant,
deny, or impose conditions or restrictions on a permit or other action on a permit as
well as to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
SECTION 3. Section 19.12.090, “Action by Director”, of Chapter 19.12 of Title 19
of the Cupertino Municipal Code is hereby amended to read as follows:
19.12.090 Action by Director.
Upon receipt of an application for a permit, the Director of Community Development
shall:
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A. Within thirty days determine whether the application is complete or needs
additional information and shall inform the applicant.
B. Mail ballots to the property owners of record of the properties affected by a Single-
Story Overlay District Application. The ballot shall, in addition to information
related to the proposal, include the following information:
1. Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(1);
2. Statement indicating that each developable lot of record shall have one (1) vote;
and
3. A date, forty-five (45) calendar days from the date of mailing of the ballot, on
which a completed ballot must be postmarked or received by the City in order to
be accepted.
C. Not later than a period stipulated in Section 19.12.100, Decision, below:
1. Set a date for a public hearing or public meeting upon the matter at a regular or
special meeting of the approval authority for the project for applications that
require a public hearing or public meeting, except that Single-Story Overlay
District Applications shall be scheduled for a public hearing, only if the result of
the mailed ballot, pursuant to 19.12.090(B) above, indicates support of more than
sixty-six and two-thirds (66 2/3) percent by the property owners within the
proposed or existing Single-Story Overlay District; or
2. Send notice in accord with the requirements of 19.12.110(D) for applications that
do not need a public hearing or public meeting.
SECTION 4. Section 19.12.110, “Noticing”, of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
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a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
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D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible from
the street in accord with the requirements of Table 19.12.030.
a. Applicants must install a public notice in the front yard of the subject site,
except that for Single-Story Overlay District Applications, the notice(s) shall be
installed in the closest yard at the boundary(ies) of the proposed District.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
c. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide,
firmly attached to a 5 foot tall post.
2. The notice shall be placed at least 14 days prior to the decision/public hearing
and shall remain in place until an action has been taken on the application and
the appeal period has passed.
3. The notice shall contain the following:
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a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
SECTION 5. Section 19.20.020, “Permitted, Conditional and Excluded Uses in
Agricultural and Residential Zones”, of Chapter 19.20 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
Uses Zoning Districts
A A-1 R-1 RHS R1C R-2 R-3
5. Two-story structures in an area designated for
one-story limitation pursuant to Section
19.28.040 (I) of this chapter, provided that the
Planning Commission determines that the
structure will not result in privacy impacts,
shadowing or intrusive noise, odor, or other
adverse impacts to the surrounding area;
CUP-
PC
SECTION 6. Section 19.28.040, “Permits Required for Development”, of Chapter
19.28 of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.040 Permits Required for Development.
Table 19.28.040 sets forth the planning permits required for development in the Single-
Family Residential district.
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Planning permit required prior to
building permit application
Approval
authority
Type of Project
A. None
Admin.
One-story project that does not require exception or
variance from the requirements of this ordinance
B. Minor Residential Permit,
pursuant to Chapter 19.12,
Administration
1. One-story encroachment into a required rear yard
setback, subject to requirements of Section
19.28.070
2. One-story extension of an existing side yard
nonconforming building wall line, subject to
requirements of Section 19.28.100 in all districts
except R1-a
3. One-story project with a gable end of a roof
enclosing an attic space projecting outside the
building envelope , subject to requirements of
Section 19.28.070 or 19.28.080
4. New or expanded second story deck or balcony
with views into neighboring residential side or
rear yards in all districts except R1-a
5. Any active or passive solar structure that requires
variation from the setback or height restrictions of
this chapter, provided that provided that no such
structure shall infringe upon solar easements or
adjoining property owners
6. One or two-story addition or new home on a
sloped single-family residential lot with
development on building pads/graded areas with
actual slopes equal to or greater than 20% and
with total floor area ratio of all structures on the
lot greater than 35%
C. Director’s Minor Modification,
pursuant to Chapter 19.12,
Administration
Encroachment of porch elements into the required
front yard setback in the R1-a zone, subject to the
requirements of Section 19.28.100.
D. Two-Story Permit, pursuant to
Chapter 19.12, Administration
Two-story addition or new two-story home in all
districts that do not require Residential Design
Review per Section 19.28.040 (E) except in an R1-a
zone.
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Planning permit required prior to
building permit application
Approval
authority
Type of Project
E. Residential Design Review,
pursuant to Chapter 19.12,
Administration Admin.
with
design
review
Two-story addition or new two-story home in all
districts except R1-a where:
1. Second floor to first floor area ratio is greater than
66%, except any second to first floor ratio for
development on building pads/graded areas with
actual slopes equal to or greater than 20%; and/or
2. Where second story side yard setback(s) are less
than 15 feet to any interior side property line
DRC
with
design
review
Two-story addition, new two-story home, and/or
second story deck in the R1-a zone
F. Exception, pursuant to Chapter
19.12, Administration & Section
19.28.130, Exceptions DRC
One or two-story project requesting an exception
from Sections 19.28.070 [Development Regulations
(Building)], 19.28.080 [Eichler R1-e Building Design
Requirements], and/or 19.28.110 [Landscape
Requirements].
G. Hillside Exception, pursuant to
Chapter 19.12, Administration
PC
Development (area greater than 500 square feet) on
slopes greater than 30%
H. Architectural and Site Approval,
pursuant to Chapters 19.12,
Administration
One or two-story addition or new home on a sloped
single-family residential lot with development on
building pads/graded areas with actual slopes equal
to or greater than 20% and where the cut plus fill of
the site exceeds 2,500 cubic yards
I. Minor Conditional Use Permit,
pursuant to Chapters 19.12,
Administration
Two-story addition or new two-story home in an R1
zoning district with an “i” suffix
J. Single-Story Overlay District
Application, pursuant to
Chapter 19.12, Administration CC
Establishment or removal of a Single-Story Overlay
District in a Single Family Residential District
(Addition or removal of the “i” suffix in an R1 zoning
district)
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SECTION 7. Section 19.28.050, “Zoning Districts Established”, of Chapter 19.28
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.28.050 Zoning Districts Established.
A. Table 19.28.050 (A) below sets forth the zoning districts established.
Zoning
Designation
Zoning Definition
R1-X Single Family Residential District- Minimum lot area corresponds
to the number (X), multiplied by 1,000 square feet
R1-Xi Residential Single-Family Single-Story Overlay District to limit
homes to one Story (not to exceed 18 feet high)- [minimum lot area
corresponds to the number (X), multiplied by 1,000 square feet
preceding the ‘i’ symbol]. May be combined with all R1 zoning
designations.
R1-6e Single Family Residential Eichler District (6,000 minimum lot area)
R1-a Single Family Residential District with Semi-Rural Characteristics
(10,000 square foot minimum lot area)
B. Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In
addition to the application requirements identified in Chapter 19.12.080, the
applicant shall submit the following:
1. Map delineating proposed boundaries for the Single-Story Overlay District, or
removal thereof, corresponding to natural or man-made features (including, but
not limited to, streets, waterways, zoning boundaries and similar features,)
which would result in the establishment of an identifiable neighborhood;
2. Evidence, to the satisfaction of the City, for an establishment of a Single-Story
Overlay, that a minimum of seventy-five (75) percent of the homes within the
proposed Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for the application and all facts
relied upon by the applicant in support thereof;
4. Original application petition signed, at a minimum, by sixty-six and two-thirds
(66-2/3) percent of the property owners of record within the proposed or existing
Single-Story Overlay District. The petition shall contain information about the
proposal including, but not be limited to, the following:
a. Map pursuant to Section 19.28.050(B)(1)
b. Property Addresses
c. Property Owner Name(s) and Original Signature(s)
d. Applicant Contact Information
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SECTION 8: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 9: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 10: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 11: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day
of ___________ 2017 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ of __________ 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
135
SINGLE-STORY OVERLAY (R1-Xi) DISTRICT
PROCESS AND GUIDLEINES
A Single-Story Overlay District (R1-Xi) is a zoning designation that can be adopted to
preserve and maintain single-family neighborhoods in R1 zones that are predominantly,
or exclusively, single-story. If you are interested in pursuing a Single-Story Overlay
District for your neighborhood, the following steps outline the process:
STEP 1: Applicant(s) define the proposed neighborhood boundaries of the Single-Story
Overlay District. The proposed boundaries of the District are to correspond to natural or
man-made features (including, but not limited to, streets, waterways, zoning boundaries
and similar features,) which would result in the establishment of an identifiable
neighborhood. The boundary is to include one (1) or more entire city block(s), or one (1)
or more entire subdivision tract(s), or street face(s) opposite of one another within a block .
Planning staff is available to help advise you on how to best comply with the criteria for
establishing the boundaries. In addition, the proposed district boundary must have a
minimum 75% of homes as single-story.
STEP 2: The Applicant(s) must circulate the petition provided by the City to the
properties within the proposed Single-Story Overlay District. A minimum 66-2/3% of the
properties within the proposed Single-Story Overlay District must sign the petition in
favor of the proposed Overlay District in order for the City to accept an application.
STEP 3: Applicant(s) must submit the required application materials to the Planning
Division for processing. The materials required for submittal include the following:
1. A completed Application Form;
2. Application fee(s) and deposit(s) for mailings, etc. (to be determined by the City
Council);
3. Petition circulated, with original signatures by a minimum of sixty-six and two-
thirds (66-2/3) percent of property owners within the proposed Single-Story
Overlay District in favor of the proposed district;
4. A written statement setting forth the reasons for the application and all facts relied
upon by the Applicant(s) in support thereof;
5. Map of the proposed Single-Story Overlay District;
6. Evidence that a minimum of 75% of homes within the proposed District are single-
story.
136
STEP 4: Upon application, the materials provided will be reviewed to ensure that the
application conforms to the requirements.
STEP 5: Upon verification of the qualification of the proposed district, the City will then
initiate a mail-in voting process for only those properties within the proposed Single-
Story Overlay District. Property owners will have forty-five (45) calendar days to return
the ballot. If a minimum of sixty-six and two-thirds (66-2/3) percent of property owners
within the proposed Overlay District support the proposal, then the application will be
scheduled for public hearings before the Planning Commission and City Council.
STEP 6: City staff will forward the application and proposed boundaries along with the
mail-in ballot results to the Planning Commission at a scheduled public hearing.
Property owners within the proposed Single-Story Overlay District and those within 300
feet will be mailed a notice of the meeting. The Planning Commission will make a
recommendation for the proposed overlay district and a public hearing will be scheduled
at which the City Council will make the final decision.
If the proposed Overlay fails to achieve the sixty-six and two-thirds (66-2/3) percent
affirmative vote of the official mail-in ballots, then the application does not qualify for
public hearings, and the application will be closed.
Removal of a Single-Story Overlay District
Removal of a Single-Story Overlay District will be required to follow the same process
noted above. The only requirement that is not applicable is that 75% of the homes in the
proposed district be single-story.
Two-Story Homes
Applications for a new two-story or an addition to a pre-existing second-story in an R1-
Xi zone (with a Single-Story Overlay) will be required to apply for a Conditional Use
Permit (CUP) in addition to all other permits typically required in regular R1 (Single-
Family Residential) zones. The requirements for a CUP are listed in Chapter 19.156 of
the Cupertino Municipal Code.
Structural improvement to an existing second-story may be approved without Planning
permits, if in compliance with Chapter 19.140.
137
CITY OF CUPERTINO
RESOLUTION No. 17-XXXX16-131
Schedule C – Planning
DEFINITIONS
A. Major
10,000 or more square feet commercial/office/non-residential/industrial; six or more
residential units.
B. Minor
Less than 10,000 square feet commercial/office/non-residential/industrial; less than six
residential units.
C. Minor Architectural and Site Approval
Architectural approval of the following: Minor building modifications, landscaping, signs
and lighting for new development, redevelopment or modification in such zones where
such review is required.
D. Major Architectural and Site Approval
Architectural approval of all other development projects.
E. Appeal
A request from the project applicant or interested party to reverse or amend a decision
made by staff or an advisory body. An appointed public official serving on the board
that made the decision subject to the appeal, an appointed public official serving on a
board that is directly affected by the decision and the City Council members are
exempted from the fee requirement. At the conclusion of the appeal hearing, the City
Council may choose to, in its sole discretion, refund all, a portion of, or none of the appeal
fee.
F. Directors Application
An application that receives final approval by staff either via an advertised public
hearing or non-hearing format. The application may involve a pre-application meeting
and/or Environmental Review committee review.
G. Temporary Sign Permit
A staff review of a temporary sign application that includes an evaluation of the sign
request, the entry into the temporary log and site review by Code Enforcement Officers.
The permit fee is in addition to the submittal of a deposit to guarantee removal of the sign
upon expiration of the temporary permit.
H. Tentative Map: Five or more parcels.
I. Parcel Map: Four or less parcels.
138
CITY OF CUPERTINO
RESOLUTION No. 17-XXXX16-131
Schedule C – Planning
J. Housing Mitigation Fee
In accordance with the City of Cupertino’s Housing Element, Section 19.72.030 of the
Cupertino Municipal Code and the BMR Housing Mitigation Program Procedural
Manual.
Note: Mixed use applications will be classified based upon the highest intensity and
review process. The Director of Community Development will have discretion to classify
projects based upon the above criteria.
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
General Plan
Authorization Planning Staff
Hourly Rate No Change Amendment
Zoning
Planning Staff
Hourly Rate No Change Zoning Map Amendment
Zoning Text Amendment
Single-Story Overlay District
Study Session Planning Staff
Hourly Rate No Change
Development Agreement1 Planning Staff
Hourly Rate No Change
Planning Staff Hourly Rate1 203 No Change
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
Tentative Map (See Definition H) 21,179 No Change
Parcel Map (See Definition I) 12,732 No Change
Use Permit / Development Permit - Major 21,343 No Change
Use Permit / Development Permit - Minor 12,809 No Change
Amendment to Use Permit / Development Permit - Major 10,746 No Change
Amendment to Use Permit / Development Permit - Minor 5,884 No Change
Architectural and Site Approval - Major (See Definition D) 13,189 No Change
Architectural and Site Approval - Minor (See Definition C) 8,862 No Change
Architectural and Site Approval - Minor Duplex / Residential
(See Definition C) 4,500 No Change
139
CITY OF CUPERTINO
RESOLUTION No. 17-XXXX16-131
Schedule C – Planning
Planning Commission Interpretation 4,762 No Change
Exception 4,509 No Change
Heart of the City 13,063 No Change
Hillside Exception 13,539 No Change
R-1 Design Review 3,600 No Change
R-1 No Design Review 3,000 No Change
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
R-1 Exception 4,673 No Change
Minor Residential Permit 2,311 No Change
Environmental Impact Report (Plus State & County Filing Fees)
Contract+Admin
Fee No Change
Negative Declaration - Major (Plus State & County Filing Fees)
Contract+Admin
Fee No Change
Negative Declaration - Minor (Plus State & County Filing Fees)
Contract+Admin
Fee No Change
Categorical Exemption (Plus County Filing Fee) 230 No Change
Sign Exception 3,290 No Change
Fence Exception - R1 and duplex 859 No Change
Fence Exception - other 2,891 No Change
Variance 5,167 No Change
Minor Modification 3,156 No Change
Conditional Use Permit - Administrative 4,676 No Change
Reasonable Accommodation 750 No Change
Tree Removal Permit (no Arborist review required)
First Tree 200 No Change
Each Additional Tree 100 No Change
Tree Removal Permit (Arborist review required)
First Tree 300 No Change
Each Additional Tree 150 No Change
Retroactive Tree Removal Penalty 3,325 No Change
Tree Management Plan 4,702 No Change
Heritage Tree Designation 250 No Change
Temporary Use Permit 2,824 No Change
Temporary Sign Permit (See Definition G) 319 No Change
Sign Program 2,582 No Change
140
CITY OF CUPERTINO
RESOLUTION No. 17-XXXX16-131
Schedule C – Planning
Appeals (See Definition E)
Planning Commission 230 No Change
City Council 230 No Change
Zoning Verification Letter 338 No Change
Public Convenience and Necessity Letter (Alcoholic Beverage License)
169 No Change
Wireless Master Plan Fee: Other Personal Wireless Facility (Charged at
Building Permit)
1,350 No Change
Extension of Approved Entitlements 1,280 No Change
Legal Noticing Fee (previously Legal Noticing Deposit) 268 No Change
Fee Description
Effective
February 6, 2017
Effective
June 19, 2017
Zoning, Planning, Municipal Code Fees
All Non-Residential and Multi-Family (per sq.ft.) 0.30 No Change
Residential Single Family (per sq. ft.) 0.14 No Change
General Plan Office Allocation Fee (per sq. ft.) 0.28 No Change
Wireless Master Plan Fee: Equipment Mount on Existing Light Utility
Pole
6.19 No Change
Housing Mitigation In-Lieu Fees (See Definition J)
Residential - Ownership (per sq. ft.)
Detached Single Family Residence 15.48 No Change
Small Lot Single Family Residence or Townhome 17.03 No Change
Multi-family Attached Townhome or Condominium (up to 35 du/ac) 20.64 No Change
Multi-family Attached Townhome or Condominium (over 35 du/ac) 20.64 No Change
Residential - Rental (per sq. ft.)
Multi-family Attached Townhome or Apartment (up to 35 du/ac) 20.64 No Change
Multi-family Attached Townhome or Apartment (over 35 du/ac) 25.80 No Change
Non-Residential (per sq. ft.)
Office, Research and Development, or Industrial 20.64 No Change
Hotel 10.32 No Change
Commercial/Retail 10.32 No Change
1Applications may be subject to a Planning Staff Hourly Rate fee for applicable staff time, and vendor
invoice. These fees apply to projects that require a level of staff support greater than the scope of work
included in the regular fee schedule and will be based on the time and materials required to process the
entire project. The applicant will be notified if these fees are applicable to their project.
141
CITY OF CUPERTINO
RESOLUTION No. 17-XXXX16-131
Schedule C – Planning
2Based on Below Market Rate Housing Mitigation Procedural Manual and 2015 Nexus Study. These fees
are to increase annually by the San Francisco Bay Area Consumer Price Index (CPI)
An administrative fee of 15% (see General Fees - Schedule A) will be charged for outside agency
review/consultant services.
If plans are submitted on paper, the City's cost of scanning plans, plus an administrative fee of 15% (see
General Fees - Schedule A), will be charged.
142
R1 (Single Family) SINGLE STORY OVERLAY
FREQUENTLY ASKED QUESTIONS
1. What is a Single-Story Overlay?
A Single-Story Overlay is a zoning change to an R1 (Single Family) neighborhood which restricts all
new or redeveloped structures in the affected neighborhood to one-story (not to exceed 18 feet in
height).
2. Does this limit the size of my home?
While a Single-Story Overlay would limit homes to a single-story, all other applicable development
regulations, such as, lot coverage, floor area ratio, and setbacks would remain the same.
3. Why is the City doing this?
The City received requests from residents to allow them to initiate a process of establishing Single-
Story Overlay Districts. The draft ordinance includes a process with clear application requirements
and minimum thresholds for considering any new Single-Story Overlay Districts. Under the
proposed ordinance, property owners would be required to initiate the process for a specific
neighborhood. In addition, as noted in Section 5, a minimum of 66-2/3 percent of property owners in
the proposed district would have to sign a petition before an application could be initiated.
4. Where can a Single-Story Overlay District be proposed?
The draft regulations propose that a Single-Story Overlay District may be established in any portion
of a Single-Family Residential (R-1) Zone where a minimum of 75% of the existing homes are single-
story. In addition, the draft regulations propose that the boundaries of the Single-Story Overlay
District must be well-defined as an identifiable neighborhood; i.e. correspond with natural or man-
made features (including, but not limited to, streets, waterways, tract boundaries and similar
features), and be one (1) or more entire city block(s) or one (1) or more entire subdivision tract(s), or
street face(s) opposite of one another within a block.
5. What is the proposed process for an application for establishment of a Single-Story Overlay?
Step 1: Applicant(s) meet with the City to discuss and define the proposed neighborhood boundaries.
Step 2: The Applicant(s) circulate a petition to all property owners within the proposed Single-Story
Overlay District. The petition must include the proposed District map for the single-story
overlay and must be signed by a minimum of sixty-six and two-thirds (66-2/3) percent of the
property owners.
Step 3: Applicant(s) submit the following to the City for processing:
i. Application form
ii. Application fee(s) and Deposit(s)
iii. Petition circulated, with original signatures by a minimum of sixty-six and two-thirds (66-
2/3) percent of property owners within the proposed District
iv. A written statement setting for the reasons for the application and all facts relied upon by
the Applicant(s) in support thereof
143
v. Proposed District Map for the single story overlay
vi. Evidence that a minimum of 75% of homes within the proposed District are single-story
6. What would happen after the application for establishment of a Single-Story Overlay is submitted?
Step 1: Verification of the names of the property owners signing the circulated petition.
Step 2: Initiate a confidential mail in ballot for property owners within proposed District.
Step 3: If a minimum of sixty-six and two-thirds (66-2/3) percent of property owners in the proposed
district vote in favor of the Single-Story Overlay District, public hearings as noted below will
be scheduled. If a minimum of sixty-six and two-thirds (66-2/3) of property owners in the
proposed district do not vote in favor, the application would be terminated.
Step 4: Planning Commission public hearing to make a recommendation for the proposed overlay.
Step 5: City Council public hearing to make the final decision.
7. How many votes does each person or lot get?
Each lot gets one vote (by the property owner) regardless of the number of people living in the home
or whether there is an accessory dwelling unit on the lot.
8. What happens if I already have an existing two-story home in a Single-Story Overlay District?
Existing legally constructed two-story homes within the Single-Story Overlay would be considered
legal and non-conforming. Simple structural repairs that do not result in a physical change to the
exterior of the second story, and in compliance with Section 19.140.070, would be allowed without
any Planning permits.
However, for properties within a Single-Story Overlay District, new two-story homes and second-
story additions to existing homes would require an application for a Conditional Use Permit, in
addition to a Two Story Permit (a permit required for new two story homes or second story additions
in R1 zoning districts without a Single-Story Overlay.) In addition, maintenance or repair, of an
existing second story, that is not in compliance with Section 19.140.070 of the Municipal Code would
require a Conditional Use Permit.
9. Can I build a two-story home in an established Single-Story Overlay District?
Currently, in any R1 zoning district without a Single-Story Overlay, two story homes or second story
additions require an application for a Two Story permit to be approved before applying for necessary
building permits. Per existing regulations in Municipal Code Section 19.24.020(5) and 19.28.040(I), a
two-story home may be proposed in a Single-Story Overlay District with an application for a
Conditional Use Permit and a Two Story Permit. In addition to development regulations, such
applications will be subject to additional findings for a Conditional Use Permit per Section 19.156.040
of the Municipal Code. Should the application be found to meet the development regulations and
necessary findings, the Conditional Use Permit may be approved. This process is not proposed to be
changed in the new ordinance.
10. Once established, is it possible to remove a single-story overlay if neighborhood sentiments change?
144
Yes. The neighborhood can petition the City to remove the overlay. The process to remove it will be
the same as the process to place the overlay; however, the requirement for a minimum of 75% of the
existing homes to be single-story at time of application would not apply.
145
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2244 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:1/4/2017 City Council
On agenda:Final action:4/18/2017
Title:Subject: First Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal Code
relating to Designation of Preferential Parking Zone on Randy Lane, Larry Way and a portion of
Merritt Drive
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Permit Parking Map
B - Draft Ordinance
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: First Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal
Code relating to Designation of Preferential Parking Zone on Randy Lane, Larry Way and a
portion of Merritt Drive
Conduct the first reading of Ordinance No. 17-2163: “An Ordinance of the City Council of the
City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code relating to
designation of preferential parking zones” on Randy Land, Larry Way, and a portion of Merritt
Drive, Monday through Friday between 8 a.m. and 4 p.m.
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
powered by Legistar™146
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 18, 2017
Subject
First Reading of an ordinance amending section 11.27.145 of the Cupertino Municipal
Code relating to Designation of Preferential Parking Zone on Randy Lane, Larry Way
and a portion of Merritt Drive.
Recommended Action
Conduct the first reading of the Draft Ordinance: “An Ordinance of the City Council of
the City of Cupertino amending section 11.27.145 of the Cupertino Municipal Code
relating to designation of preferential parking zones” on Randy Land, Larry Way, and a
portion of Merritt Drive, Monday through Friday between 8 a.m. and 4 p.m.
Discussion
A petition has been received from residents on Randy Lane and Larry Way, between
Merritt Drive and Lucille Avenue, and Merritt Drive between Vista Drive and Orange
Tree Lane. The residents are requesting permit parking be established Monday through
Friday between 8 a.m. and 4 p.m. This neighborhood has seen a large amount of
parking overflow from Apple employees who work at the Infinite Loop campus.
The petition has been signed by 69% (51 out of 74) of the resident owners on the above
street segments. The residents understand that they will be subject to enforcement
during the posted times and that permits will need to be displayed on the vehicle when
parking on the street.
Sustainability Impact
None
Fiscal Impact
A fee of $1,128 has been paid by the neighborhood for administrative costs related to
the extension of a preferential parking zone to the neighborhood. Ongoing costs of
permit issuance and enforcement are included in the Department operating budgets.
_____________________________________
147
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Permit Parking Map
B – Draft Ordinance
148
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PARISH PLSQUARE SQUARESQUARESQUAREVIA SAN MA
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I
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NORTHCOVE
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PEACH TREE LNCHERRYTREE LNPRUNETREE LNVISTA DRN BLANEY AVEPEAR TREE LNPEARTREE CTPLUMTREE LNBAYWOOD DRCTTWILIGHT CT
AVEFOREST
PARLETTMINERWILL CTDRLNCHAVOYA DRCAMARDALARRYCT
APRICOT CT (PVT)
INTERSTATE 280INTERSTATE 280
BLANEY AVE10600 1060110614
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1080610805
10815
10833
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10801
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20212 108121080210814108041083610826108162020220282
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10364
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10740
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10642
10628
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10540
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10573
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10601
10615
10629
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10651
10657
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10685
10699
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1074110740
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10698
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10601
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10629
10643
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10727
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20204201882017220156201402012620110200941046720046 10471 10481199611997119991200432006320083201031051410515
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10451
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1999019980199701996010480
10460
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10182
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10431
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20120
20400
10728
Proposed Permit Parking Area - Randy Way, Larry Way & Merritt Dr
149
ORDINANCE NO. 17-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 11.27.145 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO DESIGNATION OF PREFERENTIAL PARKING ZONES
The City Council of the City of Cupertino does hereby ordain that Section 11.27.145 be
amended as follows:
Street Limits Hours
Randy Lane Merritt Drive to Lucille Avenue Monday through Friday, 8
a.m. – 4 p.m.
Larry Avenue Merritt Drive to Lucille Avenue Monday through Friday, 8
a.m. – 4 p.m.
Merritt Drive Vista Drive to Orange Tree Lane Monday through Friday, 8
a.m. – 4 p.m.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
18th day of April, 2017 and ENACTED at a regular meeting of the City of Cupertino this ___ day
of ____________, 2017 by the following vote:
Vote Council Members
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________ _________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
150
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2024 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:4/18/2017
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council4/18/2017 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 4/12/2017Page 1 of 1
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