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PC Packet 07-30-2019CITY OF CUPERTINO AGENDA L U P E RTI N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber Tuesday, July 30, 2019 6:45 PM Special Meeting NOTICE IS HEREBY GIVEN that a special meeting of the Planning Commission is hereby called for Tuesday, July 30, 2019, commencing at 6:45 p.m., Community Hall, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading "Special Meeting". SPECIAL MEETING: PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Draft Minutes of July 9, 2019. Continued from the July 23rd cancelled Planning Commission meeting. Recommended Action: approve or modify the Draft Minutes of July 9, 2019 Draft Minutes of Tuly 9, 2019 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions andlor actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. STUDY SESSION Page 1 Planning Commission Agenda July 30, 2019 2. Subject: Study Session regarding Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35. (Application No(s): CP -2019-04; Applicant(s): City of Cupertino; Location: citywide) Continued from the July 23rd cancelled Planning Commission meeting. Recommended Action: That the Planning Commission hold a study session to review the draft Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35and provide comments for staff to consider and forward to the City Council. Staff Report 1. Draft Resolution regarding Review Procedures 2. Draft SB 35 Application Package 3. SB 35 Statute, as Amended 4. Final HCD Guidelines - Streamlined Ministerial Approval Process 11 M -M-11-31 OM 3. Subject: Vallco Shopping District Special Area General Plan, Zoning Amendments, and Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report. Application No(s).: GPA -2019-01, GPA -2019-02, MCA -2019-02, Z-2019-01 (EA -2013-03); Applicant(s): City of Cupertino; Location: 10101 to 101333 North Wolfe Road APN#s:316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095 (Continued from the July 23rd cancelled Planning Commission meeting) Page 2 Planning Commission Agenda July 30, 2019 Recommended Action: That the Planning Commission 1. Receive a staff presentation; 2. Conduct the public hearing; 3. Adopt: a. Resolution No. , recommending that the City Council adopt GPA -2019-01, a resolution adopting a Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amending the General Plan to remove office as a permitted use from the Vallco Shopping District Special Area and remove associated office allocations; b. Resolution No. , recommending that the City Council adopt GPA -2019-02, a resolution amending the General Plan and General Plan Land Use Map to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area and identifying a recommended location for future residential development on 13.1 acres of the Special Area; c. Resolution No. 'recommending that the City Council adopt MCA -2019-01, an ordinance eliminating references in the Municipal Code to the Vallco Town Center Specific Plan and adding language establishing development standards for a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)); and d. Resolution No. , recommending that the City Council adopt Z-2019-01, an ordinance amending the zoning map to rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG). Tentative City Council meeting date: August 20, 2019 Staff Report 1- Draft Reso GPA -2019-01 2 - Draft Reso GPA -2019-02 3 - Draft Reso MCA -2019-01 4 - Draft Reso Z-2019-01 5 - Planning Area Description 6 - Table LU -1 and Figure LU -2 7 - GP Policies related to Vallco Shopping District 8 - Aerial and APN Map 9 - Second Addendum GPA -HE -Rezoning EIR FINAL NEW BUSINESS STAFF AND COMMISSION REPORTS Page 3 Planning Commission Agenda July 30, 2019 ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next Planning Commission 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 meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning Commission 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 Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agendalminutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the Planning Commission 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 Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission 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. For questions on any items in the agenda, or for documents related to any of the items on the agenda, Page 4 Planning Commission Agenda July 30, 2019 contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 5 CITY OF CUPERTINO 10300 Torre A v en u e Cupertino, CA 95014 CITY OF CUPERTIN0 PLANNING COMMISSION MEETING ACTION MINUTES, July 9,2019 PLEDGE OF ALLEGIANCE At 6:45 p.m Chairperson Wang called to order the regular Planning Commission meeting in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and led the Pledge of Allegiance. ROLL CALL Present: Chairperson R Wang, Vice Chair Vikram Saxena, Commissioners Kitty Moore, David Fung, Alan Takahashi. Absent: None APPROVAL OF MINUTES 1. Subject: Draft Minutes of June 25, 2019. Recommended Action: Approveor modify the Draft Minutesof June25, 2019 Moved by Fung and seconded by Saxena to: "Approvethe minutes" . The motion carried 5- 0-0. POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None WRITTEN COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARINGS: None STUDY SESSION: 2. Subject: Design Objectives and Standards presentation, FY 2019-2020 Work Program item. Application No(s).: CP -2019-02; Applicant(s): City of Cupertino; Location: cityw ide continuation of discussion from the June 25, 2019 study session Recommended Action: That the Planning Commission conduct the study session, receive this report and provide direction to staff regarding moving forward with the Objective Standards Updateto the General Plan and Zoning Ordinance. The Deputy City Attorney, Joseph Petta, reviewed the Staff Report for the Planning Commission. The City Attorney's office is recommending that this project be discussed and implemented in two phases; Phase I topics are identified as areas where the General Plan or Zoning Codes can be amended and strengthened to add objectivity (shorter turnaround time); Phase II topics are identified as areas where more evaluation and new policy development is necessary (longer turnaround time). The Planning Commissioners clarified their positions regarding Form Based Code design, discussed and clarified "Phase 1.5" topics, discussed and prioritized Phase I I topics. Chair Wang opened the publiccomment period and thefollowing individual(s) spoke: Jennifer Griffin Chair Wang closed the public comment period. The Planning Commissioners re -ordered for prioritization and removed someitemsfrom Phase II. Staff was directed to forward the Planning Commissioner's recommendations to City Council for consideration. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: N one REPORT OF THE PLANNING COMMISSION: Commissioners Fung, Moore and Chair Wang mentioned the various public meetings and events they have attended. ADJOURNMENT: The meeting was adjourned at 9:50pm to the next regular Planning Commission meeting on Ju I y 23, 2019 at 6:45 p.m. Respectfully Submitted: /s/Beth Ebben Beth Ebben, Deputy Board Clerk CITY OF IM CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG PLANNING COMMISSION STAFF REPORT Meeting: Ju I y 30, 2019 Su bj ect Study Session regarding Draft Review Procedures and Draft Application Package for Projects Proposed Pursuant to Senate Bill 35 (Application No(s): CP -2019-04; Applicant(s): City of Cupertino; Location: citywide) Recommended Action That the Planning Commission hold a study session to review draft City Review Procedures (Attachment 1) and draft Application Package (Attachment 2) for Projects Proposed Pursuant to Senate Bill 35 and provide comments for staff to consider and forward to the City Council. Discussion Background: Senate Bill 35 (SB 35) became effective on January 1, 2018. It enacted Government Code section 65913.4 which requires cities and counties to use a streamlined ministerial review processfor qualifying multifamily housing developments that comply with the jurisdiction's objective planning standards, provide specified Ievelsof affordable housing, and meet other specific requirements. Notethat there were amendments made to SB 35 in 2018. (The text of SB 35, as amended is included as Attachment 3). In addition, the California Department of Housing and Community Development (HCD) issued Guidelines for implementing SB 35, Streamlined Ministerial Approval Process Guidelines ("Guidelines"), on November 29, 2018, which took effect on January 1, 2019. These Guidelines direct a local jurisdiction to provide information about its process for applying and receiving ministerial approval under SB 35. Guidelines §300(a). (Attachment 4.) The Draft Resolution and draft application materials are being prepared tospecify the City's procedures and requirements for processing and approving SB 35 applications. It should be noted that the City received an SB 35 application for a multifamily housing development encompassing 50.82 acres within the Vallco Shopping District Special Area on March 27, 2018. This was processed within thetimelines allowed pursuant to SB 35 and approved on September 21, 2018. The project is currently thesubject of a lawsuit. The Guidelines were not in effect at thetimethe City approved the project and, additionally, the Legislature has made amendments to SB 35 since that time. The proposed City Procedures would not apply to the approved Vallco SB 35 project. Analysis: Under SB 35, the City is required to review qualifying projects using a ministerial review process, which means that the City cannot require an applicant to obtain discretionary permitsthat would typically be required (e.g., development permit). Instead, the City is required to process applications within the timeframes specified in Government Code section 65913.4(c),' applying only those objective zoning and design review standards contained the City's general plan, municipal code, and other adopted land use plans in effect at thetimethe project application was submitted and specific parking standards identified in SB 35. The review process must also be streamlined because the project is not subject to environmental review under the California Environmental Quality Act (CEQA). Processing Procedures: SB 35 allows a City's Planning Commission or City Council to conduct public oversight of the development application. It requires oversight to be focused on assessing compliance with criteria required for streamlined projects, which includesa local government's objective land usestandards,aswell as any reasonable objective design standards published before submission of an application. The statute defines objective standards to mean "standards that involve no personal or subjectivejudgment by a publicofficial and are uniformly verifiableby referenceto an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal." Publicoversight must becompleted within thetimelines specified in the statute for project approval (90 days for project of 150 unites or fewer and 180 days for larger projects) and cannot inhibit, chill or preclude the ministerial approval provided for by SB 35. The Draft Review Procedures are included in Attachment 1. The Draft Procedures requirea,bint Planning Commission and City Council meeting for oversight and consistency review, prior to issuance of a Consistency Letter for that project. This ' Oncean application is submitted, within 60daysfor a project with 150 or fewer units, and within 90 daysfor a project morethan 150 units, the City must provide the development proponent with written documentation ("Consistency Letter") of any objective planning standard that the development conflictswith, and an explanation for the reason or reasonsthedevelopment conflicts with that standard. If the City fails to provide that information within the time period, the development will be deemed consistent with the objective planning standards. would be an open meeting, noticed to the public and neighbors in advance, and therewould bean opportunity for public and applicant comments. The oversight meeting is proposed to be held at least 5 business days prior to the consistency determination for the project. If a project is determined to be ineligible for streamlined and ministerial review, the application will be rejected and the applicant must make a new submittal which will be subject to the timelines for new applications specified in SB 35. If an application is determined to be eligible for SB 35 streamlined and ministerial review, the final approval documents and standard conditions of approval will be prepared and issued. For projects that include a Tentative Map or Parcel Map application, this map application will be considered by the Planning Commission and City Council during theoversight and consistency review meeting. The Draft Review Procedures also include an eligibility checklist, based on SB 35, the Guidelines, and the City's laws and policy, that specify the requirements for a project to beeligiblefor streamlined approval under SB 35. Application Package: HCD Guidelines also direct a local jurisdiction to provide information about the materials required for an application. Attachment 2 is a draft application package, that would be provided to an applicant interested in making an application for a streamlined project. This package would include: 1. An application form 2. A form certifying compliancewith theeligibility requirementsof SB 35 (based on SB 35 requirements related to affordability, prevailing wages requirements, skilled and trained workforce requirements etc.) 3. An application checklist indicating all the items required for a complete application (based on information necessary to determine the application's compliance with objective General Plan and Municipal Code standards) Next Steps The Planning Commission's recommendations will be considered by staff and presented to the City Council at a study session tentatively scheduled for August 6. City Council will then consider approving revised draft procedures via resolution at a subsequent meeting. The City Council's decision will be final and will be in effect immediately upon adoption of the resolution. Upon the Council's decision, the application package will be updated to ensure consistency with the adopted Procedures and published on the City's website and will be available at the public counter for applicants. Prepared by: Caitlin Brown, City Attorney's Office Reviewed by: ,Joseph Petta, Assistant City Attorney Approved by: Benjamin Fu, Director of Community Development A ttach m ents- 1. Draft Resolution Adopting the Processfor Applying and Receiving Ministerial Approval Under Senate Bill 35 2. Draft SB 35 Application Package 3. SB 35 Statute, as Amended 4. HCD Guidelines—Streamlined Ministerial Approval Process RESOLUTION NO. A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING THE PROCESS FOR APPLYING FOR AND RECEIVING MINISTERIAL APPROVAL U N DER SEN ATE BI LL 35 WHEREAS, Senate Bill 35 added Government Code Section 65913.4 providing for the ministerial approval of infill affordable housing projects. WHEREAS, the California Division of Housing Development issued Guidelines for implementing SB 35, Streamlined Ministerial Approval Process Guidelines (" Guidelines") on N ovem ber 29, 2018. WHEREAS, these Guidelines direct local jurisdictions to provide information about their processfor applying and receiving ministerial approval. WHEREAS, the City Council now provides that information about its process by this resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the following: Process for Applying for and Receiving Ministerial Approval Under Senate Bill 35 SECTION 1. Overview. Senate Bill 35 (SB 35) enacted Government Code section 65913.4, which requires certain cities and counties to use a streamlined ministerial review process for qualifying multifamily housing developments that comply with the jurisdiction's objective planning standards, provide specified levels of affordable housing, and meet other specific requirements. The California Department of Housing and Community Development (HCD) determined that Cupertino is subject to SB 35.' The HCD issued guidelines for implementing SB 35, Streamlined Ministerial Approval Process Guidelines (Guidelines), on November 29, 2018, which took effect on January 1, 2019. These Guidelines direct a local jurisdiction to provide information about its process for applying and receiving ministerial approval under SB 35. Guidelines§300(a). Under SB 35, the City is required to review qualifying projects using a ministerial review process, which means that the City cannot require an applicant to obtain discretionary permits that would typically be required (e.g., development permit or conditional use permit). Guidelines § 301(a)(1). Instead, the City is required to process applicationswithin I As of January 31, 2018, HCD determined that Cupertino is subject to SB 35 streamlining for eligible projects. Cupertino remained subject to SB 35 streamlining under HCD's December 2018 Statewide Determination Summary. I the timeframes specified in Government Code section 65913.4, applying only those objective standards contained the City's General Plan, municipal code, and other adopted land use plans in effect at thetimethe project application was submitted. Guidelines § 300. The review process is also to be streamlined because the project is not subject to environmental review under the California Environmental Quality Act (CEQA). Guidelines § 301(a)(6). This Resolution establishesthe City of Cupertino'sSB 35 application and review processes. It is not intended to supersede or waive any requirements from SB 35 or the Guidelines not explicitly discussed in this document. This Resolution shall be interpreted to incorporate and be consistent with Government Code section 65913.4 and the Guidelines, as they be amended from time to time. SECTION 2. Eligibility Criteria. To be eligible for a streamlined review process, an application must meet the objective planning standards required by SB 35, including all applicable City objective land use standards, asdescribed in Exhibit 1, the SB 35 Eligibility Checklist. These eligibility criteria are collectively referred to as the required "objective planning standards." SECTION 3. Procedures for processing SB 35 Applications. To apply for a project that qualifies under SB 35, an applicant must follow the procedures below: 1. Submit an SB 35 Application and a Certificate for Compliance with Eligibility Requirements on forms provided by the Community Development Director to the Planning Division. The application must be submitted along with all of the material identified in an SB 35 Application Checklist provided by the Community Development Director. The SB 35 Application Checklist shall require sufficient information for a reasonable person to determine whether the development is consistent with the required objective planning standards. SB 35 applications will be subject to a Staff Hourly Rate fee for applicable staff time and materialsto processthe project application, based on the ratesset in theadopted Fee Sch ed u I e. 2. The City shall post all application materials on the City's webpage within two business days after the application hasbeen submitted, and keep the project webpage updated including posting any additional submittals from the applicant, initial and final City consistency determinations, and any project approval or denial. SECTION 4. Completeness Determination. Once the application is submitted, staff will determine within 5 business days whether the application is complete. Applications shall be complete if they contain all documents and other information required by the City, as specified in the SB 35 Application Checklist provided by the Department of Community Development. See Guidelines § 301(b)(1). All of the information in the SB 35 Application 2 Checklist isnecessary to determinewhether thedevelopment isconsistent, compliant, or in conformity with the objective pIanning standards. If the app Iication isincomplete, staff will deny the project, unless doing so would be an invalid basis to deny the project under the Guidelines. See Guidelines § 301(b)(1). An applicant may submit a revised application for a previously denied project at any time. The City will process the revised application as a new application under these procedures and thetimeframesfor consistency determinations and project approval shall commence on the date of resubmittal. Guidelines § 301(a)(4). SECTION 5. (a) Timeframe for Consistency Determination. If the application is complete, within 60 days of the initial application submittal fora project with 150 or fewer units, and within 90 daysfor a project morethan 150 units, the City will determine whether the project conflicts with any of therequired objective planning standards. Guidelines § 301(b). (b) Initial Determination. The Department of Community Development will make an initial written determination of the proposed project's consistency with applicable objective planning standards. The application may be routed to other City department staff for review, if deemed necessary. The Community Development Director shall submit the department's initial consistency determination to the Planning Commission and the City Council for consideration at the Oversight and Consistency Review Meeting. (c) Oversight and Consistency Review Meeting. At least five days before a final consistency determination is made, the Planning Commission and the City Council shall hold a joint oversight meeting to assess the proposed project's compliance with required objective planning standards. If theproject includesan application for atentativeor parcel map, thisapplication will also be considered during the meeting, and the Council and Planning Commission will assess the application's consistency with objective subdivision standards. Gov. Code § 65913.4(c)(2). The Planning Commission and City Council's oversight shall be objective, involving little or no personal judgement as to the wisdom or manner of carrying out the project, and be strictly focused on compliance with required objective planning standards. See Guidelines § 102(n), 301(a)(2). The oversight shall not in any way inhibit, chill, stall, delay, or preclude the ministerial approval. Guidelines § 300(a)(2). The Oversight Meeting shall bea noticed, open, and public meeting in compliancewith the Ralph M. Brown Act. The applicant and members of the public shall have an opportunity to speak asthey would at other Planning Commission and City Council meetings. In addition, the noticing requirements of Municipal Code section 19.12.110A for Development Permitsshall apply to the Oversight and Consistency Review Meeting. 3 (d) City Manager action following Oversight and Consistency Review Meeting. Following the Council and Planning Commission's Oversight and Consistency Review Meeting and before the expiration of the timeframe for a consistency determination, the City Manager will send the applicant either (1) a letter documenting which standard or standards the development conflictswith and an explanation for the reason or reasonsthe development conflictswith that standard or standards, or (2) a letter stating that the project is consistent with all required objective planning standards and an explanation for reasons thedevelopment isconsistent with thosestandards. See Guidelines§301(a)(3). SECTION 6. Procedure if project is consistent with all objective planning standards. If the proposed development is consistent with all required objective planning standards, the City Managerwill preparefinal approval documentsand standard conditionsof approval. See Guidelines§ 301(a)(5). Within 90daysfrom theinitial project application's submittal for a project with 150 or fewer units, and within 180 daysfor a project with morethan 150 units, the City Manager will provide the project applicant with thefinal approval documentsand standard conditionsof approval. Guidelines § 301(b)(3). SECTION 7. Procedure if application is ineligible for streamlined review. If the City determines that a project conflicts with any required objective planning standard, it will deny theapplication for streamlined processing under SB 35. The City will not continueto process the application while allowing the applicant to correct any deficiencies. Thedenial of an application for streamlined processing does not precludetheapplicant from correcting any deficiencies and resubmitting a new application for streamlined review or for review under standard City procedures. If the applicant submitsa corrected or revised application, the timeframes specified in these procedures shall commence on the date of resubmittal. Guidelines§301(a). SECTION 8. Exhibit. The Exhibit to this document may be updated periodically by Planning Division staff in order to respond to changesto the Cupertino Municipal Codeor to statelaw. Staff shall not weaken or removeany requirements unless required to do so by changes in the law. 11 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , by thefollowing vote: Members of the City Council AYES: N O ES: A BSEN T: ABSTAIN: SIGNED: Steven Scharf, Mayor Date City of Cupertino ATTEST: Grace Schmidt, City Clerk Date 5 Exhibit 1: Senate Bill 35 Eligibility Checklist To be eligible for a streamlined review process under SB 35, an application must meet the objective planning standards required by SB 35, including all applicable City objective land use standards, as described below. 1. NUMBER AND DENSITY OF UNITS. The project must comply with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus. Guidelines § 300(c)(1). If the zoning code's density designation for the site conflicts with the density allowed in the general plan's land use designation, the density in the general plan's land use designation prevails. Gov. Code § 65913.4(a)(5). The project, if eligible, may request a density bonus and/or waivers and/or concessions under the Density Bonus Law (Gov. Code §65915). Guidelines§ 300(b)(3). Any increase in density granted under the Density Bonus Law is considered consistent with maximum allowable densities. Guidelines § 300(b)(3). In addition: (a) The project must propose at least two multifamily residential units. Guidelines §§ 102(0), 400(a). (b) If theproject ismixed-use, at least two-thirdsof theproposed d evel opment's square footagemust bedesignated for residential use. Guidelines§400(b). i. The two-thirds calculation isbased upon theproportion of gross square footage of residential spaceand related facilitiesto gross development building square footage for an unrelated use, such as commercial or office uses. Structures utilized by both residential and non-residential uses shall be credited proportionally to intended use. Guidelines § 400(b). ii. Related residential facilities are defined as any manager's units and any and all common area spaces that are included within the physical boundaries of the housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhousespace, meeting rooms, laundry facilities, and parking areasthat areexclusively availableto residential users, except any portions of the overall development that are specifically commercial space. Guidelines§102(u). iii. Additional density, floor area, or unitsgranted pursuant to Density Bonus Law areexcluded from this calculation. Guidelines § 400(b). (c) If the development project qualifies for a density bonus under Government Code section 65915, theapplicant must submit detailed plansclearly showing thesquare footage of: i. Additional density, floor area, or units granted pursuant to Density Bonus law, 6 ii. The related facilities or proportion of related facilities that serve the Density Bonus law additions. The plans must be of sufficient detail to verify the square footage of the residential units, related residential facilities, and additional bonus units, floor area, or density granted pursuant to Density Bonus Law and to determine the two-thirds residential requirement. Plansfor a" pre -density bonus project" will not beused to calculate the two-thirds requirement. The applicant must also comply with all objective standards relating to density bonus applications found in CMC section 19.56.060. (d) Both residential and non-residential components of a qualified mixed-use development are eligible for the streamlined approval process. Guidelines § 400(b)(2). Additional or subsequent permitting requirements pertaining to the individual businesses located in thecommercial component (e.g. late night activity, live music or child care use permits) are subject to the City's General Plan and Development Code requirements. Guidelines § 400(b)(3). 2. AFFORDABILITY. The project must provide affordable housing as specified under Government Code section 65913.4(a)(3)(A) and (a)(4)(B) and under Cupertino's Below Market Rate Housing Program inclusionary zoning ordinance specifically: (a) SB 35 projects must reserve at least 50% of their total units as affordable to households making below 80 percent of the area median income in Santa Clara County.2 Guidelines §402(a)(2); see § 402(e). As a subset of the SB 35 affordable units, Cupertino's inclusionary zoning ordinance requires either payment of an Affordable Housing M itigation Fee or that 15% of the base number of units (total units minus any density bonus units) in a project be reserved asfollows: i. For developments that offer rental housing: very low-income and low-income households at a 60:40 ratio. ii. For developments that offer ownership housing: median and moderate income households at a 50:50 ratio. Because SB 35 requires ownership units be made available to households making 80 percent of the area median income, if the project applicant wantsto take credit for both SB 35 unitsand the BM R Program, then the most restrictive requirement would apply and these ownership units must be made available to households making 80 percent of the area median income rather than median and moderate income households. iii. The objective standards in Cupertino's inclusionary zoning ordinance shall apply to the BM R Program subset of the units of the project's affordable units. z When jurisdictions have insufficient progress toward their Lower income RHNA (Very Low and Low income) but have had sufficient progress toward their Above Moderate income RHNA, they are subject to the streamlined ministerial approval process for proposed developments with at least 50 percent affordability. Gov. Code § 65913.4(a)(4)(B)(ii). Cupertino has had sufficient progress toward the Above Moderate income RHNA, but not toward the Lower income RHNA, and is therefore subject to streamlining of projects offering at least 50 percent affordability under SB 35 according to the most recent SB 35 Determination Summary, available at http://www.hcd.ca.eov/communi-develoi2ment/housin�4-element/docs/SB35 StatewideDetermination Summary. ME 7 iv. Alternatively, if the project applicant does not wish to provide units subject to Cupertino's BMR Program, it may instead pay the Affordable Housing Mitigation Fee and provide affordable units subject only to SB 35's restrictions. (b) The applicant must record a land use restriction or covenant providing that the lower income housing units shall remain available at affordable housing costs or rent to personsand familiesof lower-income(or very low income, asapplicable)for no lessthan thefollowing periodsof time, asapplicable: i. For the units subject to Cupertino's inclusionary zoning ordinance: • 99 years or • 55years (if a project financed with low-income housing tax credits (LI HTC)) ii. For the unitssubject to SIB 35 affordability requirements in excessof Cupertino's inclusionary zoning ordinance: • 55yearsfor rental units • 45yearsfor ownership units 3. URBAN INFILL. The project must be located on a legal parcel or parcels within the incorporated City limits. Guidelines § 401(a). At least 75 percent of the perimeter of the sitemust adjoin parcelsthat aredeveloped with urban uses. Guidelines§§ 1020), 400(a). For purposes of SB 35, "urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Guidelines § 102(z). Parcels that are only separated by a street or highway shall be considered adjoined. Guidelines § 1020). 4. ZONED OR PLANNED RESIDENTIAL USES. The project must be located on a site that is either zoned or has a General Plan designation for residential or residential mixed-use development, including sites where residential uses are permitted as a conditional use. Guidelines § 401(a). 5. CONSISTENT WITH OBJECTIVE STANDARDS. The project must meet all objective general plan, zoning, design review, and other objective land use standards in effect at thetimethe application is submitted. Gov. Code § 65913.4(a)(5). (a) If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is consistent with housing density standards. Guidelines § 300(c). (b) Modifications to otherwise -applicable standards under density bonus law do not affect a project's ability to qualify for SB 35. Guidelines § 300(c)(3). (c) Objective standards are those that require no personal or subjectivejudgment and must beverifiableby referenceto an external and uniform source available prior to submittal. Guidelines § 102(p). Sources of objective standards include, without limitation: i. General Plan. M ii. Municipal Code, including, without limitation, the Zoning, Subdivisions, and Building Codes iii. Heart of the City Specific Plan iv. Monta Vista Design Guidelines v. North DeAnza Conceptual Zoning Plan vi. South DeAnza Conceptual Plan vii. Saratoga -Sunnyvale Conceptual Plan viii. BMR Housing Mitigation Procedural Manual 6. PARKING. The project must provide at least one parking space per unit; however, no parking is required if the project meets as of thefol low i ng criteria. Guidelines§300(d): (a) The project is located within one-half mileof publictransit. (b) The project is located within an architecturally and historically significant historic district. (c) On -street parking permits are required but not offered to the occupants of theproject. (d) The project is located within one block of a car share vehicle station. However, if any parking is provided, it must meet the City's objective standards from Chapter 19.124 of the Municipal Code and Public Works Standards. Guidelines § 300(d)(2). 7. LOCATION. The project must be located on a property that is outside each of the following areas(scc Guidelines§401(b)): (a) Either primefarmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measurethat wasapproved by Cupertino'svoters.3 (b) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (c) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does 3 As of July 1, 2019, no properties in Cupertino fall within this category. Prior to submitting an application for streamlined review, applicants should confirm with the Planning Division if thelisted exclusion isapplicable. 9 not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (d) A hazardous waste site that islisted pursuant to Section 65962.5or a hazardouswaste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control hascleared thesitefor residential useor residential mixed-use. (e) A delineated earthquake fault zone as determined by the State Geologist in any official mapspublished by the State Geologist, unless the development complieswith applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (f) A special flood hazard area subject to inundation by the 1 percent annual chanceflood (100 -year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. This restriction does not apply if the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City or if the applicant can demonstrate that the site will be able to meet the minimum flood plain management criteria of the National Flood Insurance Program. (g) A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title44 of the Code of Federal Regulations. (h) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to thefederal Endangered SoeciesAct of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (i) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (j) Lands under conservation easement 10 (k) A sitethat would require demolition of housing that is: i. Subject to recorded restrictions or law that limits rent to I evelsaffordable to moderate, low, or very -low income households. i i . Subject to rent control. iii. Or has been occupied by tenantswithin the past 10 years. (1) A site that previously contained housing occupied by tenants that was demolished within the past 10 years. (m) A property that contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (n) A parcel of land or sitegoverned by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy ParksAct.4 (o) A site that would rggu i re d emol iti on of an hi stori c structu re that ison a local, state, or federal register. 8. SUBDIVISIONS. The project does not involve an application to create separately transferable parcels under the Subdivision Map Act. Guidelines § 401(d). However, a subdivision is permitted if the development is consistent with all objective subdivision standards in thesubdivision ordinance, and either of thefollowing apply (Guidelines § 401(d )): (a) The project isfinanced with low-income housing tax credits (LI HTC) and satisfiesthe prevailing wage requirements identified in item 9 of this Eligibility Checklist. (b) The project satisfies the prevailing wage and skilled and trained workforce requirements identified in items and 10 of this Eligibility Checklist. 9. PREVAILING WAGE. The project proponent must certify that at least one of the following is true (Guidelines § 403): (a) Theentirety oftheproject isapublicwork asdefined in Government Codesection 65913.4(8)(A)(i ). (b) The project is not in its entirety a public work and all construction workers employed in the execution of the development will be paid at least theeg neral prevailing rate of per diem wagesfor the type of work and geographic area. (c) The project includes 10 or fewer units AN D is not a public work AN D does not reguiresubdivision. 4 As of June 2019, no properties in Cupertino fall within this category. Prior to submitting an application for streamlined review, applicants should confirm with the Planning Division if the listed exclusion is applicable." 11 10. SKILLED AND TRAINED WORKFORCE. If the project consists of 75 or more units that are not 100 percent subsidized affordable housing, the project proponent must certify that it will use a skilled and trained workforce, as defined in Government Code section 65913.4(8)(B)(ii).5 Guidelines§403. 5 Beginning January 1, 2022, the skilled and trained workforce requirement is reduced to apply to projects of 50 units or more that are not 100 percent subsidized affordable housing. 12 CITY OF so CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG DRAFT SENATE BILL 35 APPLICATION FORM SUBMITTAL REQUIREMENTS. The following information and materials listed on the attached SB 35 Application Checklist are required for a complete application in order to determine if a project qualifies under Senate Bill 35. Please review this checklist with City's Planning Division staff to confirm specific requirements and to determine if other applications are required. Project Information to be filled in by Applicant and/or Property Owner: Applicant's Contact Information: Property Owner's Contact Information: Name: Name: Address: City, State: ZIP: Em ai 1: Phone: Address: City, State: ZIP: Em ai 1: Phone: Proposed Non -Residential Square Footage: Proposed Residential Square Footage without Density Bonus: Project Site / Address(es): Assessor's Parcel Number(s): General Plan and Zoning Designations: Proposed Unit Count: Proposed Non -Residential Square Footage: Proposed Residential Square Footage without Density Bonus: Proposed Residential Square Footage with Density Bonus (if applicable): Page 1 of 17 Page 2 of 17 YES NO N/A 1. Type of Multifamily Housing Development Proposed: a. Multifamily rental; residential only with no proposed subdivision. b. Multifamily residential with proposed subdivision (must qualify for exception to subdivision exclusion) c. Mixed-use: at least 2/3 of squarefootage(excluding residential square footage devoted to density bonus units) must be designated for residential use. If a subdivision is included, thedevelopment must qualify for exception to subdivision exclusion.) 2. Number of Parking Spaces Proposed: - a. Isthesitewithin one-half mileof publictransit? b. Isthesitewithin an architecturally and historically significant historicdistrict? c. Areon-street parking permits required but not offered to the occupants of the project? d. Is the site within one block of acar share vehicle station? 3. Does the project propose 2 or more residential units? a. Has the applicant certified compliance with affordability requirements? 4. Does the project include more than 10 units? 5. Is the project a public work? a. Has the development proponent certified to the City that the entirety of the development is public work? b. Hastheapplicant certified compliancewith prevailing wage requirements? 6. Does the project propose 75 units or more? a. Has the applicant certified compliance with skilled and trained workforce requirements? 7. Does the project involve a subdivision of land? a. I s the development consistent with all objective standards in the subdivision ordinance? b. Is the project financed with low-income housing tax credits? c. Hastheapplicant certified compliancewith prevailing wage requirements? d. Has the applicant certified compliance with skilled and trained workforce requirements? Page 2 of 17 Page 3 of 17 YES NO N/A 8. Would the development require demolition of any of the following types of housing? a. Housing subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form or rent or price control. c. Housing that has been occupied by tenants within the past 10 years. 9. Was the site previously used for housing that was occupied by tenants that was demolished within 10 years before the application was submitted? 10. Does the property contain housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property? 11. Would the development require demolition of a historic structure that was placed on a national, state, or local historic register? 12. Is the project site within a very high fire hazard severity zone? a. Are there adopted fire hazard mitigation measures applicable to the development? 13. Is the project site a hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code section 25356 of the Health and Safety Code? a. If the site has been so listed, has the applicant provided evidence that the site has received the required clearance for development as residential use or residential mixed- u se? 14. Is the project site within a delineated earthquake fault zone? a. Does the development comply with applicable seismic protection building codestandards? 15. Is the project site habitat for protected species, identified in an adopted natural community conservation plan, or under a conservation easement? 16. Does the project site contain wetlands? Page 3 of 17 X Property Owner Signature(s) Print Property Owner's Name Date FOR STAFF USE ONLY: Application accepted on by Application Type: Page 4 of 17 YES NO N/A 17. Is the project site within a special flood hazard area? a. Has the site been subject to a Letter of Map Revision or does the site meet Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria? 18. Is the project site within a regulatory floodway? a. Has the project received a no -rise certification? 19. Is the project site located on lands under a conservation easement? 20. Is the project seeking a density bonus and/or any incentive, concession, waiver, or reduction of parking standards under state Density Bonus Law? 21. Does the project proponent demonstrate how the requested concession, waiver or reduction of standards is the least amount necessary to develop the proposed affordable housing? X Property Owner Signature(s) Print Property Owner's Name Date FOR STAFF USE ONLY: Application accepted on by Application Type: Page 4 of 17 CITY OF El CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Certificate for Compliance with Eligibility Requirements I, , do hereby certify and declare as follows: (a) The subject property is located at: Address(es) Assessor's Parcel Number(s) (b) I am a duly authorized officer or owner of the subject property. (c) The property owner agrees to comply with the applicable affordable housing dedication requirements established under Government Code section 65913.4(a)(4). (d) The property owner agrees to comply with the applicable prevailing wage requirements established under Government Code section 65913.4(a)(8)(A). (e) The property owner agrees to comply with the applicable skilled and trained workforce requirements established under Government Code section 65913.4(a)(8)(B). (fl The property owner certifies that the project site has not contained any housing occupied by tenantswithin 10 years prior to the date written above. I declare under penalty of perjury under the laws of the State of California that the foregoing and all submitted material is true and correct. Executed on this day in: Location Signature Date Name (Print), Title Page 5 of 17 CITY OF El CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG SENATE BILL 35 APPLICATION CHECKLIST SUBMITTAL REQUIREMENTS. The following materials are required for a complete application in order for the City to determine eligibility for streamlining under S1335. Pleasereview thischecklist with City of Cupertino Planning and Public Works Divisions. ❑ APPLICATION FORM. Include signature and contact information for the legal property owner, applicant or authorized agent and contact information for the Civil Engineer, Architect, Landscape Architect, and all other consultants involved with the application on another sheet if necessary. ❑ FILING FEE. (Seethe City's Fee Schedule for current year. Note: Depending on the project, it could be subject to the City's hourly staff rate and the cost of contracts plus any administrative charges). ❑ CERTIFICATE FOR COMPLIANCE WITH ELIGIBILITY REQUIREMENTS. The property owner or the owner's authorized agent must certify under penalty of perjury that certain threshold eligibility criteria are satisfied. ❑ POWER OF ATTORNEY. Provide evidence of power of attorney, if the application is being by a person other than the property owner. ❑ TITLE REPORT. Prepared within the past three months (three copies). The title report must include a legal description of the property and a listing of all easements, rights-of-way, and owners shall be supplied. ❑ ARBORIST REPORT. Prepared within the last year by an ISA Certified Arborist for the removal or disturbance of any Protected Tree on the site or on an adjacent property which could be impacted by the proposed development. Describe the condition of all Protected trees to be removed/disturbed and provide a statement of specific reasonsfor the proposed removal. Providethree cop i es. Page 6 of 17 ❑ PHASE I REPORT. A Phase 1 report shall be provided with the application. If the Phase 1 report indicates that a Phase 2 report is recommended, a Phase 2 report must accompany the application. ❑ PROJECT DESCRIPTION. A narrative project description that summarizesthe proposed project and its purpose must beprovided. Pleaseincludea discussion of theproject sitecontext, including what existing uses, if any, adjoin theproject siteand whether the location iseligiblefor Streamlined Housing Development processing. ❑ STATEMENT OF CONSISTENCY WITH OBJECTIVE STANDARDS. Explain how the proposed project is consistent with all objective zoning, subdivision (if applicable), and design review standardsapplicableto the project site, including those standards included in the General Plan, Cupertino Municipal Code, Heart of the City Specific Plan, M ontaVista Design Guidelines, North De Anza Boulevard Conceptual Plan, South De Anza Conceptual Plan, Saratoga -Sunnyvale Conceptual Zoning Plan, South Vallco Connectivity Plan and other applicable City documents. Particular details shall be provided to define how the project complies with use requirements, floor area standards, density, setbacks, height standards, lot coverage ratios, landscaping standards, creek setbacks, tree preservation and protection standards, water efficient landscaping requirements, stormwater requirements, and common open space, private useableopen space, and publicopen space requirements. ❑ STATEMENT OF DESIGN INTENT. Describe the design program, the designer's approach, and how the architectural, landscape and other elements have been integrated in compliance with the City's objective standards. The relationship of the project to adjacent properties and to the adjacent streets should be expressed in design terms. Define the site, building design, and landscape concepts in terms of site design goals and objectives, pedestrian circulation, outdoor -use areas, visual screening and enhancements, conservation of natural resources, mitigation of negative site characteristics, and off-site influences. [Continued on next page.] Page 7 of 17 ❑ DEVELOPMENT PLAN SETS. The following plans shall comprise the development plan set: REQUIREMENTS FOR ALL DEVELOPMENT PLANS. If the application is filed in conjunction with other applications, submittal requirements from all applicable checklists shall beincorporated into onesetof plans. All plansshall: Be prepared, signed and stamped by licensed professionals. Include the date of preparation and datesof each revision. Befully dimensioned and drawn to scaleon the same size sheets, with a consistent scale (as noted) throughout all plan sheets. Besubmitted in collated setsand folded to 8-1/2" x 11". Be numbered in proper sequence. A set of plans shall be submitted on a CD or USB flash drive in pdf format and thefollowing numbersof plan sets are required: 8 sets f u l l si ze 24" x 36" 15 sets reduced to 11" x 17" Additional plan sets may be requested if necessary. ❑ TITLE SHEET Including project name, location, assessor's parcel numbers, prior development approvals, and table of contents listing all the plan sheets with content, page numbers, and date prepared. ❑ SITE PLAN. Prepared by a licensed Civil Engineer, drawn at 1"=20' scale, with scale noted, a graphic bar scale, and north arrow. The plan shall include the following: ❑ Vicinity map showing north arrow, the location and boundary of the project, major crossstreetsand theexisting street pattern in thevicinity with thefollowing information: General Plan and Zoning designations. ❑ Size of property including gross and net lot area (squarefeet and acres). ❑ For mixed use projects, total squarefootageof residential space and related residential facilities (as defined in the City's Eligibility Checklist), square footage of non-residential uses, and square footage utilized by both residential and non-residential uses. Detailed breakdowns, to scale, with dimensions, shall be shown on Floor Plan submittals as indicated below. ❑ For residential development, include the floor area for each unit type, the number of bedrooms, the number of units by type, the number of units per Page 8 of 17 building, the total number of units, and net density. Include the amount of private open space provided for each unit. ❑ For commercial development, total floor area in each building (including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building) and total building area, including non-residential garages. ❑ Percent lot coverage, percent of net lot area covered by buildings (total ground floor areaof all buildings divided by net lot area). ❑ Percentage of net lot area devoted to landscaping, common open space and private useable open space. ❑ Parking requirements under Government Code section 65913.4(d) and tabulation of thenumber of parking spacesproposed by type (universal and ADA compliant) and proposed parking ratios. ❑ Bicycleparking (required and proposed) under City of Cupertino Municipal Code Chapter 19.124.040. ❑ Existing and proposed property lineswith dimensions, bearings, radii and arc lengths, easements, and net & gross lot area for existing and proposed parcels. Benchmark based on USGSNAVD 88 vertical. ❑ Location and dimensionsof all existing and proposed structures extending 50 feet beyond the property. If adjacent to a street, show the entirewidth of street to the next property line, including driveways. Clearly identify all existing and proposed structuressuch asfencing, walls, all building features including decksand porches, all accessory structures including garagesand sheds, mailboxes, and trash enclosures. Label all structuresand indicatethe structuresto remain and thestructuresto beremoved. ❑ Dimensionsof setbacksfrom property linesand between structures. ❑ Location, dimension and purpose (i.e. water, sewer, access, etc.) of all easements including sufficient recording data to identify the conveyance (book and page of official records). ❑ Location and dimensions for all adjacent streets (public and private) and proposed streets showing both sides of streets, street names, street width, striping, centerlines, centerline radii of all curves, median and landscape strips, bike lanes, pedestrian ways, trails, bridges, curb, gutters, sidewalks, driveways, and edge of right-of-way including any proposed or required right-of-way dedication. Show all existing and proposed improvements Page 9 of 17 including traffic signal poles and traffic signs. Show line of sight for all intersections and drivewaysbased on current City of Cupertino standards. ❑ Existing topography and proposed grading extending 50 feet beyond the property at 2foot contour intervalsfor slopesup to 10% and lessthan 5feet in height; and contour i ntervals of 5 feet for slopes over 10% or greater than 5 feet in height. Include spot elevations, pad elevations, and show all retaining wallswith TOW/BOW elevations. ❑ Drainage information showing spot elevations, pad elevations, existing catch basins, and direction of proposed drainage, including approximate street grade and existing and proposed storm drain locations. ❑ Location and dimensionsof existing and proposed utilities including water supply system, sanitary sewersand laterals, drainagefacilities, wells, septic tanks, underground and overhead electrical lines, utility poles, utility vaults, cabinetsand meters, transformers, electroliers, street lights, lighting fixtures, underground irrigation and drainage lines, backflow prevention and reduced pressure devices, trafficsignal poles, underground conduit for signals and interconnect, and traffic signal pull boxes, signal cabinets, service cabinets, and other related facilities. ❑ Location and dimensions of parking spaces, back-up, loading areas, and circulation patterns. ❑ Survey of all existing treeson thesiteand adjacent to the site, at 1"=20' scale, indicating species, diameter at breast height (DBH) as defined in Chapter 14.18 of the Cupertino Municipal Code, and base elevation. Trunk locations and the drip line shall be accurately plotted. Identify all protected trees as defined in Chapter 14.18 of the Cupertino Municipal Code. ❑ Location of all natural features such as creeks, ponds, drainage swales, wetlands(asdefined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993)), etc., extending 50 feet beyond the property lineto show the relationship with the proposed development. ❑ Location on the site of any prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on themapsprepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by Cupertino's voters. Page 10 of 17 ❑ If any parcel iswithin a FEMA defined 100 -year floodplain or floodway: ❑ Identify the floodplain or floodway on all plan sheets depicting the existing and proposed site, with the base flood elevation (BFE) and flood zone type clearly labeled. In addition, show the existing site topography and finish floor elevations for all existing and proposed structures. If FEMA has not defined a BFE, a site specific hydraulic analysis will be required to determine the BFE prior to deeming the application complete (CMC Sec. 34-32.b2). ❑ Flood zone boundaries and floodwater surface elevation. If the property proposed to bedeveloped iswithin or adjacent to the 100year flood zone (ZoneA or AE) or the National Flood Insurance Program, Flood Insurance Rate Map, the extent of ZoneA or AE shall be clearly drawn on the tentative map and the 100 year flood water surface elevation shall beshown. Themap shall show the approximate location of the Floodway Boundary asshown on the latest edition of the" Flood Boundary and Floodway Map" published by the Federal Emergency Management Agency. ❑ CONTEXTUAL PLAN. Use topographic or aerial map as base. Show the relationship of the project to the building and site features within 50 feet of the property line. The plan shall include: ❑ Building footprints, pad elevations and building height. Land use and zoning designation on all lots. ❑ Property lines and dimensions of the subject site and adjacent properties showing all easements. ❑ Location of streets, medians, curb cuts, sidewalks, driveways, and parking areas. ❑ Location of all creeks, waterways and trees. ❑ Vicinity map indicating site in relation to major streets. ❑ DENSITY BONUS. In addition to the other submittal requirements, projects requesting a density bonus or concessions are required to submit plans for the project that clearly indicatewhich units are the density bonusunits. ❑ BUILDING ELEVATIONS. Plans shall be drawn by a licensed Architect at 1/8"= 1' minimum scale; dimensioned vertically and horizontally with sample representations at '/4"= 1' scale for detail areas. Elevations should not include superimposed landscaping and trees that hide the buildings. Height is Page 11 of 17 measured from natural grade established at subdivision. The plans shall include: ❑ Fully dimensioned elevations for buildings identifying materials, details and features include visible plumbing, electrical meters and method of concealment. ❑ All four sidesof all buildings. ❑ Vertical dimensions from all points above natural, existing and finished grade on all elevations. ❑ Topography with natural, existing, and proposed grades accurately represented toshow building height toshow therelationship of thebuilding to the site and adjacent properties. ❑ Location, height and design of rooftop mechanical equipment and proposed screening. Provide section detail showing height of equipment in relation to the height of the proposed screen structure. ❑ Elevations and dimensions for existing structures to remain. Location and type of building mounted exterior lighting. ❑ Detailed building sections showing depth of reveals, projections, recesses, etc. ❑ Details of vents, gutters, downspouts, scuppers, external air conditioning equipment, etc. ❑ Details including materials and dimensions of door and window treatments, railings, stairways, handicap ramps, trim, fascia, soffits, columns, fences, and other elementswhich affect thebuilding. Providewall sections at 1/2"=1' scaleto clarify detailing asappropriate. ❑ FLOOR PLANS. Plan shall bed raw n by a I i censed Architect at 1/8" =1' or larger scal e. ❑ Floor area diagrams must be provided with dimensions and tabulations of each area of each floor. ❑ Floor plans shall clearly indicate areas attributed to residential, non- residential, and shared use and should show garages, parking areas, and amenity spaces. ❑ Floor plansshall i ncl ude the square footage of residential spaceand related residential facilities, non-residential uses, and structures uses by both residential and non-residential uses. Page 12 of 17 ❑ Floor plans shall clearly identify affordable units (City BMRand SB 35 units) ❑ ROOF PLAN. Plan shall be drawn by a licensed Architect at 1/8"= 1' or larger scale. The plan shall include property lines, outline of building footprint, ridgelines, valleys, flat roof areas, roof pitch and rooftop mechanical equipment, and screening. Plansshall show existing roof formsand roof formsto beadded or changed. ❑ TRUE CROSS-SECTIONS. A minimum of two cross-sections (more as needed to showing varying site conditions) drawn at 1:1 scale (same scale used for both vertical and horizontal axis), 1"=20' minimum scale, with scale noted, and a graphic bar scale, through critical portions of the site extending 50 feet beyond the property line onto adjacent properties or to the property lines on the opposite side of adjacent streets. Sections shall include existing topography, slope lines, final grades, location and height of existing and proposed structures, fences, walls, roadways, parking areas, landscaping, trees, and property lines. Section locations shall be identified on the Site Plan. ❑ COLOR AND MATERIALS BOARD. Samples of materials and color palette representative of actual materials/colors for all buildings and structures. Identify the name of manufacturer, product, style, identification numbers and other pertinent information on the display. Displays should be no larger than 24" by 36", except where actual material samples are presented. ❑ LANDSCAPE PLANS. Plan shall be drawn at 1" = 20' or larger scale by a licensed Landscape Architect. Theplan shall incorporate the proposed Grading and Utility Plan, showing thelocation of existing and proposed utility linesand utility structures screened back, but legible, and shall includethefollowing: ❑ Final planting plan showing proposed trees, shrubs and shrub groupings, lawn, and groundcover areas, existing trees to be saved, stormwater treatment areas, special paving, hardscape, and site furnishings. Include landscapelegend with alist of proposed plant materials (indicate both Latin and common name), including size, spacing, total quantities, ultimate height, and spread of materials. Trees shall be a minimum of 24 gallon size and shrubs a minimum of 5 gallon size. Accent or sub -shrubs may be 1 - gallon in size. Larger trees may be required depending on project location, size, or other conditions. ❑ Sze, species, trunk location, and canopy of all existing trees (6" in diameter or larger) on-site and on abutting property that could be affected by the project. Identify which trees will remain and trees to be removed. Any tree Page 13 of 17 proposed as mitigation for the removal ofaprotected tree shall be identified as a replacement tree. ❑ Show accurate representation of plant materialswithin threeyears. ❑ Identify the location and screening of all above ground utilities and bio- swales or other stormwater treatment areas with 1:10 scale cross sections showing the planting within the bio-swales and screening of the utilities. ❑ Provideenlarged details(minimum of 1:10 scale) for focal pointsand accent areas. ❑ Location and details and/or manufacturers catalogue cuts of walls, fences, paving, decorative planters, trellises, arbors, and other related site improvements. ❑ Landscape plans with more than two sheets shall show the plant legend with symbols for each species on every sheet. ❑ Statement indicating that a fully automatic irrigation system will be provided. ❑ Color and materials submittal for all special paving, hardscape treatment, walls, landscape lighting, and site furnishings. ❑ The Landscape plan shall be coordinated and consistent with the Stormwater Plan. ❑ Note signed and dated by project Landscape Architect that plans are in compliancewith all City standards. ❑ Provide information on landscaping used as screening for utility equipment. ❑ TREE SURVEY. Prepared by an ISA Certified Arborist, drawn at 1"=20' scale, showing accurate trunk location and drip line for all existing trees on the site and adjacent to thesite. For each tree, specify thespecies, diameter breast height (DBH) as defined in Chapter 14.18.020, and base elevation and clearly indicate if it is to be preserved or to be removed. Identify all Protected Trees as defined in Chapter 14.18.020. Identify existing trees or plant materials on abutting propertiesthat could influence site design or be impacted by the project. ❑ FENCE PLAN. Drawn at 1"=20' scale showing the location, height and type of all fences and walls. Page 14 of 17 ❑ LIGHTING PLAN. Location and type of exterior lighting, both fixed to the building and freestanding, any and all lights for circulation, security, landscaping, building accent or other purpose. ❑ PHOTOMETRIC PLAN. Indicate compliance with no lighting glare. Photometric plan must indicate that lighting levels do not spill into adjacent properties. ❑ PHOTO -SIMULATIONS. Digital photo -simulations of the site with and without the project, taken from various points off-site with thebest visibility of the project. Include a key map showing the location where each photo was taken. ❑ GRADING PLAN. Use the grading plans approved with any past subdivision to indicate the natural grade and how the proposed project meets height requirements based on this. If asubdivision is proposed, please indicatethe new proposed natural grade. The natural grade should not be modified to a great extent unless necessary to meet engineering standards and specifications. Show the relationship of the project to the building and site features within 50 feet. The plan shall include: ❑ Proposed building footprints, pad elevations and building height ❑ Existing and proposed contours which can be easily differentiated (2ft intervals if slope is 10% or less, 5ft intervalsfor slopesgreater than 10%) ❑ Spot elevations of survey points ❑ Source and date of the contour and spot elevation information ❑ Limitsof cut and fill ❑ Grading Quantities(Cut and Fill Cubic Yards) ❑ Cross-sectionsof theareasof greatest cut and greatest fill to scale ❑ Topography and elevation of adjoining parcels (for a minimum of 50') ❑ Slope ratio ❑ Show all existing and proposed retaining walls with TOW/BOW elevations. ❑ SUBDIVISION PLAN. Providea subdivision plan, if applicable. Please indicate compliance with the objective zoning and subdivision development standards. The plan shall comply with the City's subdivision ordinance and shall include: ❑ Existing Assessor's Parcel Numbers Page 15 of 17 ❑ A title which shall contain the subdivision number, name and type of subdivision. ❑ Name and address of legal owner, subdivider and person preparing the map (include professional license number) ❑ Date, north arrow, scale and contour interval ❑ Land Use (existing and proposed) ❑ Vicinity Map showing roads, adjoining subdivisions, Cities, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community. ❑ Existing Trees, type, diameter at breast height (DBH) and indicate drip line/canopy. Any treesproposed to beremoved shall beclearly indicated. ❑ Existing structures, approximate location and outline identified by type. Buildingsto beremoved shall beclearly indicated. ❑ Lot area with density per gross acre for each parcel (net square footage) ❑ Existing and proposed lot line dimensions (bearings and distances) ❑ Exhibits indicating compliance with objective zoning standards (e.g. minimum lot sizes, lot widths etc.) ❑ Areas subject to inundation or storm water overflow. Width and direction of flow for each water courseshould beshown with approximate location. ❑ Existing easements with widths, locations, type and sufficient recording data to identify the conveyance (book and page of official records). ❑ Proposed infrastructure including utilitiesand surface/street improvements (both private and public). Show location and size of utilities. Show proposed slopes and elevations of utilities and surface hardscape improvements. ❑ Accompanying data and reportsto besupplied with Subdivision Plan: ❑ Geologicand Geotechnical Report—A preliminary geotechnical report isrequired by Section 16.12of the Cupertino Municipal Codeand shall verify if there is a presence of critically expansive soils or other soil problems, which, if not corrected, would lead to structural defects or differential settlement of infrastructure, and shall provide recommendations for necessary corrective action. The report shall show all geological hazard zones identified in the General Plan and which are known or portrayed in other geological studiesfor thearea. Page 16 of 17 It shall also include descriptions and physical characteristics on all geological formations, anomalies, and earthquake characteristics. Mitigation measures shall be identified for any geological hazard or concern. ❑ UTILITY PLAN. Prepared by a licensed Civil Engineer and drawn at 1"= 20' scale, with scale noted, showing the location and dimensions of existing and proposed utilities including water supply system, sanitary sewers and laterals, drainagefacilities/storm drainagesystem,wells, septictanks, underground and overhead electrical lines, utility poles, utility vaults, cabinets and meters, transformers, underground irrigation and drainage lines, backflow prevention and reduced pressure devices, electroliers, lighting fixtures, street lights, traffic signal poles, traffic signal pull boxes, signal cabinets. Provide details on screening utility equipment. Indicate compliance with Chapter 14.24. ❑ STORMWATER CONTROL PLAN. See Stormwater Control Plan Application Checklist. All Stormwater Plans shall be coordinated and consistent with all Site, Grading, Utility, and Landscape Plans. If the project creates or replaces more than 10,000 sq. ft. of impervious area, a Stormwater Control Plan is required, and shall meet the standards and regulations established for the Municipal Regional Stormwater NPDES Permit. Provide the following information to determine if theproject meets this threshold: ❑ Ste size in sq. ft. ❑ Existing impervious surface area (all land covered by buildings, sheds, patios, parking lots, streets, paved walkways, driveways, etc.) in sq. ft. ❑ Impervious surface area created, added or replaced in sq. ft. Total impervious surface area in sq. ft. ❑ Percent increase/replacement of impervious surface area (new impervious surface area in sq. ft./existing impervious surface area in sq. ft. multiplied by 100). ❑ Estimated area in sq. ft. of land disturbance during construction (including clearing, grading or excavating. Page 17 of 17 Ab�STATE OF CALIFORNIA LEGISLATIVE AUTHENTICATED COUNSEL BuaEAU ELECTRONIC LEGAL MATERIAL State of California GOVERNMENT CODE Section 65913.4 65913.4. (a) A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and is not subject to a conditional use permit if the development satisfies all of the following objective planning standards: (1) The development is a multifamily housing development that contains two or more residential units. (2) The development is located on a site that satisfies all of the following: (A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use. (3) (A) The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower income for no less than the following periods of time: (i) Fifty-five years for units that are rented. (ii) Forty-five years for units that are owned. (B) The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development. (4) The development satisfies both of the following: (A) Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the locality's share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department's determination for the next reporting period. (B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following: (i) The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate -income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies. (ii) The locality's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that local ordinance applies. (iii) The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to both income levels described in clauses (i) and (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii). (5) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (B) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. (C) The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law. (6) The development is not located on a site that is any of the following: (A) A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. (F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (G) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100 -year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (H) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. (I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U. S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (K) Lands under conservation easement. (7) The development is not located on a site where any of the following apply: (A) The development would require the demolition of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) Housing that has been occupied by tenants within the past 10 years. (B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section. (C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (8) The development proponent has done both of the following, as applicable: (A) Certified to the locality that either of the following is true, as applicable: (i) The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii) If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply: (1) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (11) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (III) Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (IV) Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (V) Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (B) (i) For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved: (1) On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (II) On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (111) On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (IV) On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (V) On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (ii) For purposes of this section, "skilled and trained workforce" has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (iii) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply: (1) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development. (II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development. (III) Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. (IV) Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (C) Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following: (i) The project includes 10 or fewer units. (ii) The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (9) The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless the development is consistent with all objective subdivision standards in the local subdivision ordinance, and either of the following apply: (A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8). (B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8). (10) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (b) (1) If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows: (A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a). (c) (1) Any design review or public oversight of the development may be conducted by the local government's planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (2) If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1). (d) (1) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined development that was approved pursuant to this section in any of the following instances: (A) The development is located within one-half mile of public transit. (B) The development is located within an architecturally and historically significant historic district. (C) When on-street parking permits are required but not offered to the occupants of the development. (D) When there is a car share vehicle located within one block of the development. (2) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit. (e) (1) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income. (2) If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. (3) If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local government's action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section. (f) A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. (g) This section shall not affect a development proponent's ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2. (h) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency or local government to lease, convey, or encumber land owned by the local government or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (i) For purposes of this section, the following terms have the following meanings: (1) "Affordable housing cost" has the same meaning as set forth in Section 50052.5 of the Health and Safety Code. (2) "Affordable rent" has the same meaning as set forth in Section 50053 of the Health and Safety Code. (3) "Department" means the Department of Housing and Community Development. (4) "Development proponent" means the developer who submits an application for streamlined approval pursuant to this section. (5) "Completed entitlements" means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of a building permit. (6) "Locality" or "local government" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (7) "Production report" means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400. (8) "State agency" includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California. (9) "Subsidized" means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code. (10) "Reporting period" means either of the following: (A) The first half of the regional housing needs assessment cycle. (B) The last half of the regional housing needs assessment cycle. (11) "Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. 0) The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (k) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a "project" as defined in Section 21065 of the Public Resources Code. (0 It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply. (m) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. (Amended by Stats. 2018, Ch. 840, Sec. 2. (SB 765) Effective January 1, 2019. Repealed as of January 1, 2026, by its own provisions. ) Streamlined Ministerial Approval Process (Chapter 366, Statutes of 2017) Guidelines State of California Governor Edmund G. Brown Jr. Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Ben Metcalf, Director Department of Housing and Community Development Zachary Olmstead, Deputy Director Division of Housing Policy Development Division of Housing Policy Development 2020 West EI Camino Avenue, Suite 500 Sacramento, CA 95833 November 29, 2018 The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below: Quasi -legislative regulations ... have the dignity of statutes ... [and]... delegation of legislative authority includes the power to elaborate the meaning of key statutory terms... Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) The Department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Government Code section 65913.4, subdivision Q) Government Code section 65913.4 relates to the resolution of a statewide concern and is narrowly tailored to limit any incursion into any legitimate municipal interests, and therefore the provisions of Government Code section 65913.4, as supplemented and clarified by these Guidelines, are constitutional in all respects and preempt any and all inconsistent laws, ordinances, regulations, policies or other legal requirements imposed by any locality. Streamlined Ministerial Approval Process Development Approval Process Program Guidelines Table of Contents Contents INTRODUCTION...............................................................................................................1 ARTICLE I. GENERAL PROVISIONS...............................................................................2 Section 100. Purpose and Scope.................................................................................2 Section 101. Applicability..............................................................................................2 Section 102. Definitions................................................................................................2 ARTICLE ll. STREAMLINED MINISTERIAL APPROVAL PROCESS DETERMINATION.............................................................................................................5 Section200. Methodology............................................................................................5 Section 201. Timing and Publication Requirements......................................................7 ARTICLE III. APPROVAL PROCESS...............................................................................7 Section 300. Local Government Responsibility............................................................7 Section 301. Development Review and Approval.......................................................10 ARTICLE IV. DEVELOPMENT ELIGIBILITY...................................................................14 Section 400. Housing Type Requirements.................................................................14 Section 401. Site Requirements.................................................................................14 Section 402. Affordability Provisions...........................................................................19 Section 403. Labor Provisions....................................................................................21 Section 404. Additional Provisions..............................................................................25 ARTICLE V. REPORTING..............................................................................................25 Section 500. Reporting Requirements........................................................................25 INTRODUCTION Chapter 366, Statutes of 2017 (SB 35, Wiener) was part of a 15 bill housing package aimed at addressing the state's housing shortage and high housing costs. Specifically, it requires the availability of a Streamlined Ministerial Approval Process for developments in localities that have not yet made sufficient progress towards their allocation of the regional housing need. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing residential and mixed use general plan or zoning provisions, and comply with other requirements such as locational and demolition restrictions. The intent of the legislation is to facilitate and expedite the construction of housing. In addition, as part of the legislation, the Legislature found ensuring access to affordable housing is a matter of statewide concern and declared that the provisions of SB 35 would apply to all cities and counties, including a charter city, a charter county, or a charter city and county. Please note, the Department of Housing and Community Development (Department) may take action in cases where these guidelines are not adhered to under its existing accountability and enforcement authority. Guidelines for the Streamlined Ministerial Approval Process are organized into five Articles, as follows: Article I. General Provisions: This article includes information on the purpose of the guidelines, applicability, and definitions used throughout the document. Article II. Determination Methodology: This article describes the methodology for which the Department shall determine which localities are subject to the Streamlined Ministerial Approval Process. Article III. Approval Process: This article describes the parameters of the approval process, including local government responsibilities, approval processes, and general provisions. 1) Local Government Responsibility — This section specifies the types of requirements localities can require a development to adhere to in order to determine consistency with general plan and zoning standards, including objective standards, controlling planning documents, and parking. 2) Development Review and Approval — This section details the types of hearings and review allowed under the Streamlined Ministerial Approval Process, timing provisions for processing and approving an application, denial requirements, and timeframes related to the longevity of the approval. Article IV. Development Eligibility This article describes the requirements for developments in order to apply for streamlining including type of housing, site requirements, affordability provisions, and labor provisions. Article V. Reporting: This article describes reporting requirements specific to the Streamlined Ministerial Approval Process in the locality's annual progress report on the general plan. CA Department of Housing and Community Development -1- Streamlined Ministerial Approval Process Guidelines ARTICLE I. GENERAL PROVISIONS Section 100. Purpose and Scope (a) These Guidelines (hereinafter "Guidelines") implement, interpret, and make specific the Chapter 366, Statutes of 2017 (SB 35, Wiener), and subsequent amendments (hereinafter "Streamlined Ministerial Approval Process") as authorized by Government Code section 65913.4. (b) These Guidelines establish terms, conditions and procedures for a development proponent to submit an application for a development to a locality that is subject to the Streamlined Ministerial Approval Process provided by Government Code section 65913.4. (c) It is the intent of the Legislature to provide reforms and incentives to facilitate and expedite the construction of affordable housing. Therefore these Guidelines shall be interpreted and implemented in a manner to afford the fullest possible weight to the interest of increasing housing supply. (d) These Guidelines shall remain in effect until January 1, 2026, and as of that date are repealed. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65582.1 and 65913.4(1) and (m). Section 101. Applicability (a) The provisions of Government Code section 65913.4 are effective as of January 1, 2018. (b) These Guidelines are applicable to applications submitted on or after January 1, 2019. Nothing in these Guidelines may be used to invalidate or require a modification to a development approved through the Streamlined Ministerial Approval Process prior to the effective date. (c) These Guidelines are applicable to both general law and charter cities, including a charter city and county. NOTE: Authority cited: Government Code section 65913.4(j). Reference cited: Government Code section 65913.4(i)(6). Section 102. Definitions All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meaning of terms described in Government Code section 65913.4 (a) "Annual Progress Report (APR)" means the housing element annual progress report required by Government Code section 65400 and due to the Department April 1 of each year reporting on the prior calendar year's permitting activities and implementation of the programs in a local government's housing element. CA Department of Housing and Community Development -2- Streamlined Ministerial Approval Process Guidelines (b) "Application" means a submission containing such information necessary for the locality to determine whether the development complies with the criteria outlined in Article IV of these Guidelines. This may include a checklist or other application documents generated by the local government pursuant to Section 300(a) that specifies in detail the information required to be included in an application, provided that the information is only that required to determine compliance with objective standards and criteria outlined in article IV of these Guidelines. (c) "Area Median Income (AMI)" means the median family income of a geographic area of the state, as published annually by the Department within the State Income Limits: http://www.hcd.ca.gov/grants-funding/income-limits/index.shtml. (d) "Car share vehicle" is an automobile rental model where people rent cars from a car - sharing network for roundtrip or one-way where vehicles are returned to a dedicated or reserved parking location. An example of such a service is Zipcar. (e) "Density Bonus" means the same as Government Code section 65915. (f) "Department" means the Department of Housing and Community Development. (g) "Determination" means the published identification, periodically updated, by the Department of those local governments that are required to make the Streamlined Ministerial Approval Process available per these Guidelines. (h) "Development proponent or applicant" means the owner of the property, or person or entity with the written authority of the owner, that submits an application for streamlined approval.. (i) "Fifth housing element planning period" means the five- or eight-year time period between the due date for the fifth revision of the housing element and the due date for the sixth revision of the housing element pursuant to Government Code section 65588(f).. Q) "Infill" means at least 75 percent of the linear measurement of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this definition, parcels that are only separated by a street or highway shall be considered to be adjoined. (k) "Locality" or "local government" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (1) "Low -Income" means households earning 50 to 80 percent of AMI. (m) "Lower-income" means households earning 80 percent or less of AMI pursuant to Health and Safety Code section 50079.5. (n) "Ministerial processing or approval" means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and 'objective CA Department of Housing and Community Development -3- Streamlined Ministerial Approval Process Guidelines design review standards" in effect at the time that the application is submitted to the local government, but uses no special discretion or judgment in reaching a decision. (o) "Multifamily" means a housing development with two or more attached residential units. The definition does not include accessory dwelling units unless the project is for new construction of a single-family home with an attached accessory dwelling units in a zone that allows for multifamily. Please note, accessory dwelling units have a separate permitting process pursuant to Government Code section 65852.2 (p) "Objective zoning standard", "objective subdivision standard", and "objective design review standard" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. "Objective design review standards" means only objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, which are broadly applicable to development within the jurisdiction. (q) "Project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (r) "Public transit" means a site containing an existing rail transit station (e.g. light rail, Metro, or BART), a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. For purposes of these Guidelines, measurements for frequency of bus service can include multiple bus lines. (s) "Public works project" means developments which meet the criteria of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (t) "Regional housing need" means the local government's share of the regional housing need allocation as determined by Article 10.6 of the Government Code. (u) "Related facilities" means any manager's units and any and all common area spaces that are included within the physical boundaries of the housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhouse space, meeting rooms, laundry facilities, and parking areas that are exclusively available to residential users, except any portions of the overall development that are specifically commercial space. (v) "Reporting period" means the timeframe for which APRs are utilized to create the determination for which a locality is subject to the Streamlined Ministerial Approval Process. The timeframes are calculated in relationship to the planning period of the housing element pursuant to Government Code section 65588 and are cumulative through the most recent calendar year. (w) "Skilled and trained workforce" has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. CA Department of Housing and Community Development -4- Streamlined Ministerial Approval Process Guidelines (x) "Subsidized" means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code. For the purposes of these Guidelines, the word "permanently" has the same meaning described in Section 402(b). (y) "Tenant" means a person who occupies land or property rented or leased for use as a residence. (z) "Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (aa) "Very low-income" means households earning less than 50 percent or less of AMI pursuant to Health and Safety Code section 50105. NOTE: Authority cited: Government Code section 65913.4(j). Reference cited: Government Code section 65913.4. ARTICLE II. STREAMLINED MINISTERIAL APPROVAL PROCESS DETERMINATION Section 200. Methodology (a) The Department will calculate the determination, as defined in Section 102(g), based on permit data received through APRs at the mid -point of the housing element planning period pursuant to Government Code section 65488 and at the end point of the planning period. (1) APRs, as defined in Section 102(a), report on calendar years, while housing element planning periods may begin and end at various times throughout the year. When a planning period begins after July, the APR for that year is attributed to the prior housing element planning period. When the planning period ends before July 1, the APR for that year will be attributed to the following housing element planning period. (b) The determination is based on permitting progress toward a pro -rata share of the regional housing need for the reporting period. (1) Determinations calculated at the mid -point of the planning period are based upon permitting progress toward a pro -rata share of half (50 percent), of the regional housing need, while determinations calculated at the end of the planning period are based upon permitting progress towards the entirety (100 percent) of the regional housing need. (2) For localities, as defined in Section 102(k), on a 5 -year planning period, the mid- point determination is based upon a pro -rata share of the regional housing need for the first three years in the planning period, and 60 percent of the regional housing need. CA Department of Housing and Community Development -5- Streamlined Ministerial Approval Process Guidelines (3) The determination applies to all localities beginning January 1, 2018, regardless of whether a locality has reached the mid -point of the fifth housing element planning period. For those local governments that have achieved the mid -point of the fifth housing element planning period, the reporting period includes the start of the planning period until the mid -point, and the next determination reporting period includes the start of the planning period until the end point of the planning period. In the interim period between the effective date of the Streamlined Ministerial Approval Process, until a locality reaches the mid -point in the fifth housing element planning period, the Department will calculate the determination yearly. This formula is based upon the permitting progress towards a pro -rata share of the regional housing need, dependent on how far the locality is in the planning period, until the mid -point of the fifth housing element planning period is reached. See example below. Example Calculation For a locality two years into the reporting period, the determination is calculated at two out of eight years of the planning period and will be based upon a pro -rata share of two -eighths, or 25 percent, of the regional housing need, and the following year, for the same locality, the determination will be calculated at three out of eight years of the planning period based upon a pro -rata share of three-eighths, or 37.5 percent, of the regional housing need, and the following year for the same locality the determination will be calculated at four out of eight years of the planning period based upon a pro - rata share of four -eighths, or 50 percent, of the regional housing need. At that point, the locality will reach its mid -point of the planning period and the determination, the pro -rata share, and the permitting progress toward the pro - rata share will hold until the locality reaches the end-point of the planning period. (c) To determine if a locality is subject to the Streamlined Ministerial Approval Process for developments with 10 percent of units affordable to lower-income households, the Department shall compare the permit data received through the APR to the pro -rata share of their above -moderate income regional housing need for the current housing element planning period. If a local government has permitted less than the pro -rata share of their above -moderate income regional housing need, then the jurisdiction will be subject to the Streamlined Ministerial Approval Process for developments with 10 percent affordability. (d) Local governments that do not submit their latest required APR prior to the Department's determination are subject to the Streamlined Ministerial Approval Process for developments with 10 percent of units affordable to lower-income households. (e) To determine if a locality is subject to the Streamlined Ministerial Approval Process for developments with 50 percent of units affordable to lower-income households, the Department shall compare the permit data received through the APR to the pro -rata share of their independent very -low and low-income regional housing need for the current housing element planning period. If a local government has permitted the pro -rata share of their above -moderate income regional housing need, and submitted their latest required APR, but has permitted less than the pro -rata share of their very -low and lower income regional housing need, they will be subject to the Streamlined Ministerial Approval CA Department of Housing and Community Development -6- Streamlined Ministerial Approval Process Guidelines Process for developments with 50 percent affordability. For purposes of these Guidelines, as the definition of lower-income is inclusive of very low-income units. Very low-income units permitted in excess of the very low-income need can be applied to demonstrate progress towards the lower-income need. However, as the definition of very low-income units does not include low-income units. Low-income units permitted in excess of the low- income need cannot be applied to demonstrate progress towards the very low-income need. (f) To determine if a locality is not subject to the Streamlined Ministerial Approval Process, the permit data from the APR shall demonstrate that the locality has permitted the entirety of the pro -rata share of units for the above moderate-, low-, and very low- income categories of the regional housing need for the relevant reporting period, and has submitted the latest APR. (g) The Department's determination will be in effect until the Department calculates the determination for the next reporting period unless updated pursuant to Section 201. A locality's status on the date the application is submitted determines whether an application is subject to the Streamlined Ministerial Approval Process, and also determines which level of affordability (10 or 50 percent) an applicant must provide to be eligible for streamlined ministerial permitting. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65913.4(a)(4). Section 201. Timing and Publication Requirements The Department shall publish the determination by June 30 of each year, accounting for the APR due April 1 of each year, though this determination may be updated more frequently based on the availability of data, data corrections, or the receipt of new information. The Department shall publish the determination on the Department's website. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65913.4(a)(4). ARTICLE III. APPROVAL PROCESS Section 300. Local Government Responsibility (a) A local government that has been designated as subject to the Streamlined Ministerial Approval Process by the Department shall provide information, in a manner readily accessible to the general public, about the locality's process for applying and receiving ministerial approval, materials required for an application as defined in Section 102(b), and relevant objective standards to be used to evaluate the application. The information provided may include reference documents and lists of other information needed to enable the local government to determine if the application is consistent with objective standards, consistent with Section 102(b). This can be through the use of checklists, maps, diagrams, flow charts, or other formats. The locality's process and application requirements shall not in any way inhibit, chill, or preclude the ministerial approval CA Department of Housing and Community Development -7- Streamlined Ministerial Approval Process Guidelines process, which must be strictly focused on assessing compliance with the criteria required for streamlined projects in Article IV of these guidelines. (b) Determination of consistency (1) When determining consistency with objective zoning, subdivision, or design review standards, the local government can only use those standards that meet the definition referenced in Section 102(p). For example, design review standards that require subjective decision-making, such as consistency with "neighborhood character", cannot be applied as an objective standard unless "neighborhood character" is defined in such a manner that is non -discretionary. Examale Desian Review Objective design review could include use of specific materials or styles, such as Spanish -style tile roofs or roof pitches with a slope of 1:5. Architectural design requirements such as "craftsman style architecture" could be used so long as the elements of "craftsman style architecture" are clearly defined (e.g., "porches with thick round or square columns and low-pitched roofs with wide eaves), ideally with illustrations. (2) General plan or zoning ordinance requirements for a specific plan or another discretionary permit do not necessarily constitute objective zoning standard. A locality may not require a development proponent to meet any standard for which the locality typically exercises subjective discretion, on a case-by-case basis, about whether to impose that standard on similarly situated development proposals. (3) Modifications to objective standards granted as part of a density bonus concession, incentive, parking reduction, or waiver of development standards pursuant to Density Bonus Law Government Code section 65915,1 or a local density bonus ordinance, shall be considered consistent with objective standards. (4) Project eligibility for a density bonus concession, incentive, parking reduction, or waiver of development standards shall be determined consistent with Density Bonus Law. (5) Objective standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, the general plan, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (6) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective standards pursuant to Section 400(c) of these Guidelines if the development is consistent with the standards set forth in the general plan. 1 Amended 1/9/19 -Grammatical correction CA Department of Housing and Community Development -8- Streamlined Ministerial Approval Process Guidelines (7) Developments are only subject to objective zoning standards, objective subdivision standards, and objective design review standards enacted and in effect at the time that the application is submitted to the local government. (8) Determination of consistency with objective standards shall be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply. For example, design review standards or other objective standards that serve to inhibit, chill, or preclude the development of housing under the Streamlined Ministerial Approval Process are inconsistent with the application of state law. (c) Density calculation (1) When determining consistency with density requirements, a development that is compliant with up to the maximum density allowed within the land use element designation of the parcel in the general plan is considered consistent with objective standards. For example, a development on a parcel that has a multifamily land use designation allowing up to 45 units per acre is allowed up to 45 units per acre regardless of the density allowed pursuant to the zoning code. In addition, the development may request a density of greater than 45 units per acre if eligible for a density bonus under Density Bonus Law. (2) Growth, unit, or other caps that restrict the number of units allowed in the proposed development or that expressly restricts the timing of development can be applied only to the extent that those caps do not inhibit the development's ability to achieve the maximum density allowed by the land use designation and any density bonus the project is eligible for and do not restrict the issuance of building permits for the project. (3) Additional density, floor area, or units granted as density bonus shall be considered consistent with maximum allowable densities. (4) Development applications are only subject to the density standards in effect at the time that the development is submitted to the local government. (d) Parking requirements (1) Automobile parking standards shall not be imposed on a development that meets any of the following criteria: (A) The development is located where any part of the parcel or parcels on which the development is located is within one-half mile of public transit, as defined by Section 102(r) of these Guidelines. (B) The development is located within a district designated as architecturally or historically significant under local, state, or federal standards. (C) When on -street parking permits are required, but not made available to the occupants of the development. (D) When there is a car share vehicle, (i.e. a designated location to pick up or drop off a car share vehicle as defined by Section 102(d),) within one block of the CA Department of Housing and Community Development -9- Streamlined Ministerial Approval Process Guidelines development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development. (2) For all other developments, the local government shall not impose automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit. (e) A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined processing. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65913.4(a),(d), and (1). Section 301. Development Review and Approval (a) Ministerial processing (1) Ministerial approval, as defined in Section 102(n), of a project that complies with Article IV of these guidelines shall be non -discretionary and cannot require a conditional use permit or other discretionary local government review or approval. (2) Any ministerial design review or public oversight of the application may be conducted by the local government's planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. (A) Design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local government before submission of the development application, and shall be broadly applicable to development within the locality. (B) Design review or public oversight shall not in any way inhibit, chill, stall, delay, or preclude the ministerial approval provided by these Guidelines or its effect. (3) If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards, it shall provide the development proponent, as defined in Section 102(h), written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframe specified in Section 301(b)(2) below. The local government may elect to allow the development proponent to correct any deficiencies within the timeframes for project approval specified in Section 301(b)(3) below. (4) The denial of an application for streamlined processing does not preclude the development proponent from correcting any deficiencies and resubmitting an application for streamline review, or from to applying for the project under other local CA Department of Housing and Community Development -10- Streamlined Ministerial Approval Process Guidelines government processes. If the application is denied and the development proponent elects to resubmit an application for streamlined review, the timeframes specified in Section 301(b) below shall commence on the date of resubmittal. (5) Approval of ministerial processing does not preclude imposed standard conditions of approval as long as those conditions are objective and broadly applicable to development within the locality regardless of streamline approval. This includes any objective process requirements related to the issuance of a building permit. However, any further approvals, such as demolition, grading and building period or, if required, final map, on a ministerial basis is subject to the objective standards. (A) Notwithstanding Paragraph (5), standard conditions that specifically implement the provisions of these Guidelines such as commitment for recording covenant and restrictions and provision of prevailing wage can be included in the conditions of approval. (6) The California Environmental Quality Act (Division 13 (commencing with section 21000) of the Public Resources Code) does not apply to the following in connection with projects qualifying for the Streamlined Ministerial Approval Process : (A) Actions taken by a state agency or local government to lease, convey, or encumber land or to facilitate the lease, conveyance, or encumbrance of land owned by the local government. (B) Actions taken by a state agency or local government to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income. (C) The determination of whether an application for a development is subject to the Streamlined Ministerial Approval Process. (b) Upon a receipt of application, the local government shall adhere to the following: (1) An application submitted hereunder shall be reviewed by the agency whether or not it contains all materials required by the agency for the proposed project, and it is not a basis to deny the project if either: (A) The application contains sufficient information for a reasonable person to determine whether the development is consistent, compliant, or in conformity with the requisite objective standards (outlined in Article IV of these Guidelines); or (B) The application contains all documents and other information required by the local government as referenced in section 300(a) of these Guidelines. (2) Local governments shall make a determination of consistency, as described in Section 301(a)(3), as follows: CA Department of Housing and Community Development -11- Streamlined Ministerial Approval Process Guidelines (A) Within 60 calendar days of submittal of the application to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 90 calendar days of submittal of the application to the local government pursuant to this section if the development contains more than 150 housing units. (C) Documentation of inconsistencies with objective standards must be provided to the development proponent within these timeframes. If the local government fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the objective planning standards. (3) Any design review or public oversight, as described in Section 301(a)(2), including resulting final approval shall be completed as follows: (A) Within 90 calendar days of submittal of the application to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 180 calendar days of submittal of the application to the local government pursuant to this section if the development contains more than 150 housing units. (C) Although design review may occur in parallel with or as part of the consistency determination set forth in paragraphs (1) and (2) above, failure to meet subjective design review standards or obtain design review approval from the oversight board shall not itself prevent or otherwise preclude a project from being approved for development pursuant to this Section if objective design review standards are met. (c) Modifications to the development subsequent to the approval of the ministerial review but prior to issuance of a building permit can be granted in the following circumstances: 1) For modification initiated by the development proponent. A) Following approval of an application under the Streamlined Ministerial Review Process, but prior to issuance of a building permit for the development, an applicant may submit written request to modify the development. The modification must conform with the following: i. The change is consistent with the Streamlined Ministerial Approval Process Guidelines. ii. The change will not modify the project's consistency with objective development standards considered as part of the project's review. iii. The change will not conflict with a plan, ordinance or policy addressing community health and safety. iv. The change will not result in modifications to the concessions, incentives or waivers to development standards approved pursuant to density bonus law. CA Department of Housing and Community Development -12- Streamlined Ministerial Approval Process Guidelines B) Upon receipt of the request, the local agency shall determine if the requested modification is consistent with the local agency's objective development standards in effect when the development was approved. Approval of the modification request must be completed within 60 days of submittal of the modification or 90 days if design review is required. 2) For modification initiated by the local agency A) Following approval of an application under the Streamlined Ministerial Review Process, but prior to issuance of a building permit for the development, a local agency may require one-time changes to the development that are necessary to comply with the local agency's objective uniform construction codes (including, without limitation building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code section 65589.5(d)(2). B) A determination that a change is required is a ministerial action. If a revised application is required to address these modifications, the application shall be reviewed as a ministerial approval within 60 days of re -submittal of the application. (d) If a local government approves a development under the Streamlined Ministerial Approval Process, notwithstanding any other law, the following expiration of approval timeframes apply: (1) If the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the AMI, then that approval shall not expire. (2) If the project does not include public investment in housing affordability (including local, state, or federal government assistance), beyond tax credits and at least 50 percent of the units are not affordable to households making at or below 80 percent of the AMI, that approval shall automatically expire after three years. (A) That development may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. The local government's action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section. (B) Approval shall remain valid for a development so long as vertical construction of the development has begun and is in progress. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65913.4(a),(b), (c), (e), (h), and (k). CA Department of Housing and Community Development -13- Streamlined Ministerial Approval Process Guidelines ARTICLE IV. DEVELOPMENT ELIGIBILITY Section 400. Housing Type Requirements To qualify to apply for the Streamlined Ministerial Approval Process, the development proponent shall demonstrate the development meets the following criteria: (a) Is a multifamily housing development. The development can offer units for rental or for - sale. (b) At least two-thirds of the square footage of the development shall be designated for residential use: (1) For purposes of these Guidelines, the two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities as defined in Section 102(u), to gross development building square footage for an unrelated use such as commercial. Structures utilized by both residential and non- residential uses shall be credited proportionally to intended use. Additional density, floor area, or units granted pursuant to Density Bonus Law are excluded from this calculation. (2) Both residential and non-residential components of a qualified mixed-use development are eligible for the Streamlined Ministerial Approval Process. Additional permitting requirements pertaining to the individual business located in the commercial component (e.g. alcohol use permit or adult business permit) are subject to local government processes. (3) When the commercial component is not part of a vertical mixed-use structure, construction of the residential component of a mixed-use development shall be completed prior to, or concurrent with, the commercial component. . (c) The development is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time of the development application submittal per Section 300 of these Guidelines, provided that any modifications to density or other concessions, incentives, or waivers granted pursuant to the Density Bonus Law shall be considered consistent with such objective zoning standards, objective subdivision standards, and objective design review standards. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65913.4(a). Section 401. Site Requirements (a) The development proponent shall demonstrate in the application that, as of the date the application is submitted, the proposed development is located on a site that meets the following criteria: (1) The site is a legal parcel, or parcels, located in either: CA Department of Housing and Community Development -14- Streamlined Ministerial Approval Process Guidelines (A) A city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or (B) An unincorporated area where the area boundaries are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The site meets the definition of infill as defined by Section 1020) of these Guidelines. (3) The site must be zoned for residential use or residential mixed-use development, or have a general plan designation that allows residential use or a mix of residential and nonresidential uses. (A) To qualify for the Streamlined Ministerial Approval Process, the site's zoning designation, applicable specific plan or master plan designation, or general plan designation must permit residential or a mix of residential and nonresidential uses by right or with a use permit. (b) The development proponent shall demonstrate that, as of the date the application is submitted, the development is not located on a legal parcel(s) that is any of the following: (1) Within a coastal zone, as defined in Division 20 (commencing with section 30000) of the Public Resources Code. (2) Prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that locality. (3) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21,1993). (4) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code section 4202. (A) This restriction does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Government Code section 51179(b), or sites that are subject to adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. CA Department of Housing and Community Development -15- Streamlined Ministerial Approval Process Guidelines (B) This restriction does not apply to sites that have been locally identified as fire hazard areas, but are not identified by the Department of Forestry and Fire Protection pursuant to Government Code section 51178 or Public Resources Code section 4202. (5) A hazardous waste site that is currently listed pursuant to Government Code section 65962.5, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code section 25356. (A) This restriction does not apply to sites the Department of Toxic Substances Control has cleared for residential use or residential mixed uses. (6) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. (A) This restriction does not apply if the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (7) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100 -year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. (A) This restriction does not apply if the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local government. (B) This restriction does not apply if the development proponent can demonstrate that they will be able to meet the minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. If the development proponent demonstrates that the development satisfies either subsection (A) or (B) above and that the development is otherwise eligible for the Streamlined Ministerial Approval Process, the local government shall not deny the application for the development on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site related to special floor hazard areas. If the development proponent is seeking a floodplain development permit from the local government, the development proponent must describe in detail in the application for the Streamlined Ministerial Approval Process how the development will satisfy the applicable federal qualifying criteria CA Department of Housing and Community Development -16- Streamlined Ministerial Approval Process Guidelines necessary to obtain the floodplain development permit. Construction plans demonstrating these details shall be provided to the locality before the time of building permit issuance, however construction plans shall not be required for the local jurisdiction to take action on the application under the Streamlined Ministerial Approval Process. (8) Within a regulatory floodway, as determined by the Federal Emergency Management Agency, in any official maps published by the Federal Emergency Management Agency. (A) This restriction does not apply if the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. (B) If the development proponent demonstrates that the development satisfies subsection (A) above and that the development is otherwise eligible for the Streamlined Ministerial Approval Process, the local government shall not deny the application for development on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site related to regulatory floodways. (9) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan. (10) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (A) The identification of habitat for protected species discussed above may be based upon information identified in underlying environmental review documents for the general plan, zoning ordinance, specific plan, or other planning documents associated with that parcel that require environmental review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (11) Lands under conservation easement. (12) An existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 CA Department of Housing and Community Development -17- Streamlined Ministerial Approval Process Guidelines of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (c) The development proponent shall demonstrate that, as of the date the application is submitted, the development is not located on a site where any of the following apply: (1) The development would require the demolition of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a locality's valid exercise of its police power. (C) Housing that has been occupied by tenants, as defined by Section 102(y), within the past ten years. (2) The site was previously used for housing that was occupied by tenants that was demolished within ten years before the development proponent submits an application under the Streamlined Ministerial Approval Process. (A) When property with a building that was demolished in the past ten years has been zoned for exclusively residential use, there is a presumption that it was occupied by tenants, unless the development proponent can provide verifiable documentary evidence from a government or independent third party source to rebut the presumption for each of the ten years prior to the application date. (B) When property with a building that was demolished in the past ten years has been zoned to allow residential use in addition to other uses, the developer proponent shall include in its application a description of the previous use and verification it was not occupied by residential tenants. (3) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register prior to the submission of an application. (4) The property contains housing units that are occupied by tenants and the development would require a subdivision. (d) A development that involves a subdivision of a parcel that is, or, notwithstanding the Streamlined Ministerial Approval Process, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land is not eligible for the Streamlined Ministerial Approval Process. (1) Subdivision (d) does not apply if the development is consistent with all objective subdivision standards in the local subdivision ordinance, and either of the following apply: CA Department of Housing and Community Development -18- Streamlined Ministerial Approval Process Guidelines (A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to Section 403 of these Guidelines. (B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used. (2) An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) for a development that meets the provisions in (1) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Such an application shall be subject to a ministerial process as part of the Streamlined Ministerial Approval Process. NOTE: Authority cited: Government Code section 65913.40). Reference cited: Government Code section 65913.4(a) and (c). Section 402. Affordability Provisions (a) A development shall be subject to a requirement mandating a minimum percentage of units be affordable to households making at or below 80 percent AMI, based on one of the following categories: (1) In a locality that the Department has determined is subject to the Streamlined Ministerial Approval Process pursuant to Section 200, subparagraph (c), the development shall dedicate a minimum of 10 percent of the total number of units prior to calculating any density bonus to housing affordable to households making at or below 80 percent of the area median income. (A) Developments of ten units or less are not subject to the 10 percent affordability provision. (B) If the locality has adopted a local ordinance that requires greater than 10 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the AMI, that local affordable housing requirement applies. (2) In a locality that the Department has determined is subject to the Streamlined Ministerial Approval Process pursuant to Section 200, subparagraph (e), the development shall dedicate a minimum of 50 percent of the total number of units prior to calculating any density bonus to housing affordable to households making at or below 80 percent of the AMI. (A) If the locality has adopted a local ordinance that requires greater than 50 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the AMI, that local affordable housing requirement applies. CA Department of Housing and Community Development -19- Streamlined Ministerial Approval Process Guidelines (3) In a locality that the Department has determined is subject to the Streamlined Ministerial Approval Process pursuant to Section 200, subparagraph (d), the development shall dedicate a minimum of 10 percent of the total number of units to housing affordable to households making at or below 80 percent of the AMI. (A) If the locality has adopted a local ordinance that requires greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the AMI, that local affordable housing requirement applies. (b) A covenant or restriction shall be recorded against the development dedicating the minimum percentage of units to housing affordable to households making at or below 80 percent of the AMI pursuant to Section 402 (a)(1-3). (1) The recorded covenant or restriction shall remain an encumbrance on the development for a minimum of either: (A) 55 years for rental developments or (B) 45 years for owner -occupied properties (2) The development proponent shall commit to record a covenant or restriction dedicating the required minimum percentage of units to below market housing prior to the issuance of the first building permit. (c) The percentage of units affordable to households making at or below 80 percent of the area median income per this section is calculated based on the total number of units it the development exclusive of additional units provided by a density bonus. (d) The percentage of units affordable to households making at or below 80 percent of the area median income per this section shall be built on-site as part of the development. (e) If the locality has adopted an inclusionary ordinance, the objective standards contained in that ordinance apply to the development under the Streamlined Ministerial Approval Process. For example, if the locality's adopted ordinance requires a certain percentage of the units in the development to be affordable to very low-income units, the development would need to provide that percentage of very low-income units to be eligible to use the Streamlined Ministerial Approval Process. (f) All affordability calculations resulting in fractional units shall be rounded up to the next whole number. Affordable units shall be distributed throughout the development and shall be of comparable size, both in terms of the square footage and the number of bedrooms, and quality to the market rate units with access to the same common areas and amenities. (g) Affordability of units to households at or below2 80 percent of the area median income per the section is calculated based on the following: z Amended 1/19/19 —Grammatical Correction CA Department of Housing and Community Development -20- Streamlined Ministerial Approval Process Guidelines 1) For owner -occupied units, affordable housing cost is calculated pursuant to Health and Safety Code Section 50052.5. 2) For rental units, affordable rent is calculated pursuant to Health and Safety Code Section 50053. NOTE: Authority cited: Government Code section 65913.4(j). Reference cited: Government Code section 65913.4(a). Section 403. Labor Provisions The Labor Provisions in the Streamlined Ministerial Approval Process, located in paragraph (8) of subdivision (a) of Government Code section 65913.4, contain requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of the development. The development proponent shall certify both of the following to the locality to which the development application is submitted: (a) The entirety of the development is a public work project, as defined in Section 102(s) above, or if the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area. (1) The Department of Industrial Relations posts on its website letters and decisions on administrative appeal issued by the Department in response to requests to determine whether a specific project or type of work is a "public work" covered under the state's Prevailing Wage Laws. These coverage determinations, which are advisory only, are indexed by date and project and available at: https://www.dir.ca.gov/OPRL/pwdecision.asp (2) The general prevailing rate is determined by the Department of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. General prevailing wage rate determinations are posted on the Department of Industrial Relations' website at: https://www.dir.ca.qov/oprl/DPreWageDetermination.htm. (3) Apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. To find out if an apprentice is registered in an approved program, please consult the Division of Apprenticeship Standards' "Apprenticeship Status and Safety Training Certification" database at https://www.dir.ca.qov/das/appcertpw/appcertsearch.asp. (4) To find the apprentice prevailing wage rates, please visit the Department of Industrial Relations' website at: https://www.dir.ca.gov/0PRL/PWAppWage/PWAppWageStart.asp_. If you are interested in requesting an apprentice, a list of approved programs is available at: https://www.dir.ca.gov/databases/das/aigstart.asp. General information regarding the state's Prevailing Wage Laws is available in the Department of Industrial Relations' Public Works website (https://www.dir.ca.gov/Public- CA Department of Housing and Community Development -21- Streamlined Ministerial Approval Process Guidelines Works/PublicWorks.html) and the Division of Labor Standards Enforcement Public Works Manual (https://www.dir.ca.gov/dlse/PWManualCombined.pdf). (5) For those portions of the development that are not a public work, all of the following shall apply: (A) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (C) All contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. The obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. The payroll record and Labor Commissioner enforcement provisions in (C) and (C)(i), above, shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement, as defined in Section 102(q) above, that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. (D) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Sections 511 or 514 of the Labor Code. CA Department of Housing and Community Development -22- Streamlined Ministerial Approval Process Guidelines (b) For developments for which any of the following conditions in the charts below apply, that a skilled and trained workforce, as defined in Section 102(w) above, shall be used to complete the development if the application is approved. Developments Located in Coastal or Bay Counties Date Population of Locality to Number of Housing Units in which Development Development Submitted pursuant to the last Centennial Census January 1, 2018, until 225,000 or more 75 or more December 31, 2021 January 1, 2022, until 225,000 or more 50 or more December 31, 2025 Developments Located in Non -Coastal or Non -Bay Counties Date Population of Locality to Number of Housing Units in which Development Development Submitted pursuant to the last Centennial Census January 1, 2018, until Fewer than 550,000 75 or more December 31, 2019 January 1, 2020, until Fewer than 550,000 More than 50 December 31, 2021 January 1, 2022, until Fewer than 550,000 More than 25 December 31, 2025 (1) Coastal and Bay Counties include: Alameda, Contra Costa, Del Norte, Humboldt, Los Angeles, Marin, Mendocino, Monterey, Napa, Orange, San Diego, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma and Ventura. (2) Non -Coastal and Non -Bay Counties include: Alpine, Amador, Butte, Calaveras, Colusa, EI Dorado, Fresno, Glenn, Imperial, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Joaquin, Shasta, Sierra, Siskiyou, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba. (3) The skilled and trained workforce requirement in this subparagraph is not applicable to developments with a residential component that is 100 percent subsidized affordable housing. (4) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply: CA Department of Housing and Community Development -23- Streamlined Ministerial Approval Process Guidelines (A) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development. (B) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development. (C) The applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. i. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. ii. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. iii. The requirements in (C), (C)(i), and (C)(ii), above, do not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. (c) Notwithstanding subsections (a) and (b) A development is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following: (1) The project includes ten or fewer housing units. (2) The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (d) Offsite fabrication is not subject to this Section if it takes place at a permanent, offsite manufacturing facility and the location and existence of that facility is determined wholly without regard to the particular development. However, offsite fabrication performed at a temporary facility that is dedicated to the development is subject to Section 403. CA Department of Housing and Community Development -24- Streamlined Ministerial Approval Process Guidelines NOTE: Authority cited: Government Code section 65913.4(1). Reference cited: Government Code section 65913.4(a), Subdivision (d) of Section 2601 of the Public Contract Code, Sheet Metal Workers' International Association, Local 104, v. John C. Duncan (2014) 229 Cal.AppAth 192 [176 Cal.Rptr.3d 6341. Section 404. Additional Provisions (a) A local government subject to the Streamlined Ministerial Approval Process shall allow for a development proponent's use of this process. However, the ability for a development proponent to apply for the Streamlined Ministerial Approval Process shall not affect a development proponent's ability to use any alternative streamlined by right permit processing adopted by a local government, including, but not limited to, the use by right provisions of housing element law Government Code section 65583.2(i), local overlays, or ministerial provisions associated with specific housing types. NOTE: Authority cited: Government Code section 65913.4(j). Reference cited: Government Code section 65913.4(g). ARTICLE V. REPORTING Section 500. Reporting Requirements As part of the APR due April 1 of each year, local governments shall include the following information. This information shall be reported on the forms provided by the Department. For forms and more specific information on how to report the following, please refer to the Department's Annual Progress Report Guidelines. (a) Number of applications submitted under the Streamlined Ministerial Approval Process. (b) Location and number of developments approved using the Streamlined Ministerial Approval Process. (c) Total number of building permits issued using the Streamlined Ministerial Approval Process. (d) Total number of units constructed using the Streamlined Ministerial Approval Process by tenure (renter and owner) and income category. NOTE: Authority cited: Government Code section 65400(a)(2)(B). Reference cited: Government Code section 65400(a)(2)(E). CA Department of Housing and Community Development -25- Streamlined Ministerial Approval Process Guidelines CITY OF IM CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG PLANNING COMMISSION STAFF REPORT M eet i n a Date: Ju I v 30. 2019 Su bj ect Vallco Shopping District Special Area General Plan, Zoning Amendments, and Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report. (Application No(s).: GPA - 2019 -01, GPA -2019-02, MCA -2019-02, Z-2019-01 (EA -2013-03); Applicant(s): City of Cupertino; Location: 10101 to 101333 North Wolfe Road APN#s:316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104, 316-20-088, 316-20- 092, 316-20-094, 316-20-099, 316-20-100, 316-20-095) Recommended Action That the Planning Commission 1. Receive a staff presentation; 2. Conduct the public hearing; 3. Adopt: a. Resolution No. , recommending that the City Council adopt GPA -2019-01, a resolution adopting a Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amending the General Plan to remove office asa permitted use from the Vallco Shopping District Special Area and remove associated office allocations (Attachment 1); b. Resolution No. , recommending that the City Council adopt GPA -2019-02, a resolution amending the General Plan and General Plan Land Use Map to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area and identifying a recommended location for future residential development on 13.1 acres of the Special Area (Attachment 2); c. Resolution No. , recommending that the City Council adopt MCA -2019- 01, an ordinance eliminating referencesin theMunicipal CodetotheVallcoTown Center Specific Plan and adding language establishing development standardsfor a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) (Attachment 3); and d. Resolution No. , recommending that the City Council adopt Z-2019-01, an ordinance amending the zoning map to rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG) (Attachment 4). nief-iiccinn Background: The City's General Plan d esi g n ates th e "Val Ico Shopping District Special Area" for office, commercial, and residential uses at a density of 35 dwelling units per acre on site to be developed pursuant to a specific plan, which generally covers the properties on which theVallco Mall is developed. The General Plan identified approximately 58acreswithin the Vallco Shopping District Special Area as available for development and assigned development allocations for the permitted office, commercial, and residential uses. Because the General Plan contemplated that redevelopment of the Vallco Shopping District Special Area would occur pursuant to a specific plan developed for the area, development standards apart from the residential density limitation (such as height and setbacks) were to be imposed through the specific plan. The Housing Element of the General Plan further identified theVallco Shopping District Special Area as a "Priority Housing Ste," which means that the City planned to accommodate a portion of its Regional Housing Need Allocation (RHNA) by permitting residential development within the Vallco Shopping District Special Area. The Housing Element identifies 389 residential units to be a realistic development yield for the site, and it provides that the housing would be developed under the regulatory framework created by the specific plan. To ensurethat the Priority Housing Sites identified in the Housing Element areavailable for residential development as required by State law, the Housing Element included two scenarios to satisfy its RHNA: "Scenario A" and "Scenario B". Scenario A is consistent with the adopted land use regulations described above. The General Plan provides that the City would consider removing the Office and Residential development allocations in theVallco Shopping District Special Area if a Specific Plan for the area is not adopted by March 31, 2018, and under Scenario B the remaining RHNA need removed from the Vallco Shopping District Special Area would be accommodated on other sites if the City Council approved General Plan and zoning amendments to increase their residential capacity. The Specific Plan that had been prepared for the Vallco area was the subject of a referendum and the City Council rescinded that Specific Plan at its May 7, 2019 meeting. Subsequently, at its June 18, 2019 meeting, the City Council considered removing the Office and Residential development allocations in the Vallco Shopping District Special Area in favor of Scenario B as described in the Housing Element. After considering its options, the City Council directed staff to prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area, which would provide a mechanism to accommodate the RHNA in a manner consistent with Scenario A in advance of completing a specific plan for the area rather than adopting Scenario Bto accommodate the City'sRHNA. In addition, the City Council directed that staff bringforward aGeneral Plan Amendmentto remove offi ceas a permitted usewithin theVallcoShopping District Special Area and remove the associated office development allocation. The City Council also provided direction to continue the planning effort to create a specific plan, which could create the potential for additional residential development within theVallco Shopping District Special Area. Note that parcels comprising 50.82 acres of the Vallco Shopping District received a ministerial approval of a project pursuant to Senate Bill 35 (Government Code Section 65913.4, or SB 35). That approval would not beaffected by the proposed General Plan and zoning amendments. SB35grantsapproved projectsavested right to proceed regardless of subsequent changes in the law. The amendments would apply to future project applications if the Vallco SB 35 project is not developed. There are two parcels in the Vallco Shopping District that are not a part of the SB 35 project. One parcel isthe site of thesoon-to-open Hyatt Hotel which would remain a permitted use under all theoptions above. The other parcel is the 5.16 acre Simeon parcel which is currently a parking lot associated with the mall. Future use of that site would be subject to any General Plan amendments adopted. Analysis: To implement the City Council's direction, City staff have prepared General Plan and zoning amendments for the Planning Commission's consideration. The following analysis describes the amendments proposed. General Plan Amendments Land Use Designations The current General Plan Land Use map identifies the Vallco Shopping District as allowing the following land use: Commercial/Residential/Office. This designation is intended for mixed-use development that would feature predominantly commercial and office uses, with residential uses permitted as needed to better balance the citywidejobs to housing ratio. The City Council has expressed concern that by allowing office development within the Vallco Shopping District Special Area, the City would be further contributing to the imbalance between high -paying jobs and available housing in the City. Accordingly, the proposed General Plan amendment would remove the"Commercial/Residential/Office" land use designation from theVallco Shopping District Special Area (see Attachment 1) and replace it with two new land used esignations: "Regional Shopping" and "Regional Shopping/Residential" (see Attachment 2) to remove office as a permitted use while retaining the commercial and housing uses contemplated for the site in the existing General Plan. The Regional Shopping Designation would permit retail sales, businesses, service establishments with direct contact with customers, and hotel uses, along with restaurant and entertainment uses, in the Vallco Shopping District Special Area. The Regional Shopping/Residential designation would permit residential development at a maximum density of 35 dwelling units per acre and a minimum density of 29.7 dwelling units per acre by right. It would also permit all of the uses allowed under the Regional Shopping Designation asground floor uses beneath residential uses, however the commercial uses would not be required in the areas designated "Regional Shopping/Residential". For historic reference, in amending the General Plan land use designation at this site in 2014 the General Plan amendments added the "Office" land useto the existing land use designation. Prior to that, the 1993 General Plan the site had a land use designation of Commercial/Residential, which is similar to the new designations now proposed. References to office use are also recommended for removal from the Planning Area description for theVallco Shopping District. (refer to Attachment 5for existing Planning Area description and Attachment 1 for proposed edits) Development Standards The General Plan contains standards for development in the City by Special Area/Neighborhood in theform of development allocations, residential densities, heights and overall setbacks in the form of a slope line from major thoroughfares. These are incorporated in Table LU -1 and Figure LU -2 of the General Plan. These are included as Attachment 6 for reference. Non -Residential Development: The development standards for non-residential development in theVallco Shopping District Special Areawould beasfollows: 1. Development Allocations: The General Plan Amendment would deletetheOffice development allocation within the Vallco Shopping District Special Area. The following mix of non-residential useswould continueto beallowed in the Special Area, consistent with the current General Plan: a. Commercial —1,207,704 square feet b. Hotel — 339 rooms 2. Building Heights: Up to 60 feet. 3. Setbacks: Establish a minimum 1 foot setback for every 1 foot increase in height from the existing North Blaney neighborhood. Setbacks remain the same from the curb line of Wolfe Road and Stevens Creek Boulevard. Residential Development: The development standards for residential development would be amended as fol lows: 1. Development Allocations: The General Plan Amendments would not change the Residential allocation. 389 units would continue to be allocated within the Vallco Shopping District Special Area (note, however, that some State laws such as density bonusand SB 35 may require the City to approve additional development when certain conditions are satisfied). 2. Residential Density: 35 units per acre on 13.1 acres. To maintain consistency with the Housing Element, the Vallco Shopping District Special Area must permit at least 389 residential units by right at a density of 35 dwelling unitsper acre. Thiswould requirea minimum of 11.1 acresfor residential use; however, the State Department of Housing and Community Development (HCD)typically assumesthat aproject sitewill not develop with 100% efficiency (to account for required setbacks, driveways, open space etc.). The Housing Element (which HCD determined complied with the requirements of State housing element law) assumed that Priority Housing Siteswould yield 85% of the maximum unit count. Therefore, to be consistent with the Housing Element's methodology and demonstrateto HCD that 389 unitsare realistically achievable, enough land must be designated to allow 458 units at 35 dwelling units per acre (85% x 458 units = 389 units). To accommodate458 units at 35 dwelling units per acre, a minimum of 13.08 acres of land must be designated for Regional Shopping/Residential Use. For purposes of the General Plan amendment, this has been rounded to 13.1 acres, which could allow for 459 units. Note that if future development is proposed at the maximum allowed density and provides sufficient affordable housing to qualify for a 35% density bonus (allowed under state law), as many as 620 residential units may be developed in this area. 3. Building Heights: a. For mixed use development: Up to 75 feet for residential over ground -floor commercial uses b. For residential only development: Up to 60 feet 4. Setbacks: Would be the same as the setbacks discussed previously under Non- residential development. Minimum 1 foot setback for every 1 foot increase in height from the existing North Blaney neighborhood. Setbacks remain the same from thecurb lineof Wolfe Road and Stevens Creek Boulevard. Amendments to Goal LU -19 The General Plan containsprovisionsconcerning future planning for theVallco Shopping District within Goal LU -19. The existing General Plan policies regarding the Vallco Shopping District Special Area are attached to this Staff Report as Attachment 7. The following amendments are proposed to the policies and strategies included as part of Goal LU -19. 1. Figures: A new Figure LU -4, which specifically designates the location of the new Regional Shopping/Residential Use area where residential uses would be permitted, will be included to identify the location of this designation based on Planning Commission's input on the location of residential uses. An aerial of the project site and an Assessor Parcel Map have been included as Attachment 8 to help the d i scu ssi on. In order for successful residential development to occur within the Special Area, the Planning Commission may wish to consider the following factors as part recommending a location for thefuture residential development: a. For mixed use developments - Be located close to other higher density residential developments (e.g. near the Nineteen800 and Main Street developments); and b. For a residential only development - Be in a location that would not support commercial development dueto lack of visibility or other factors, such as lack of walkability/pedestrian friendliness (e.g. north of Vallco Parkway, west side of Wolfe Road). 2. Policies: To reflect the removal of office as a permitted use, to regulate housing development that may occur by -right prior to aspecificplan, and to providepolicy guidancefor a future specific plan that may increase the residential capacity in the Vallco Shopping District Special Area (all as previously discussed), the General Plan amendments would revise the text related to these policies as shown in Attachment 2. Thetext amendments would: a. Allow residential as a permitted use by -right on 13.1 acres, with the heights and densities discussed above; b. Provide guidance for a future specific plan and related General Plan Amendment, which may allow additional housing within theVallco Shopping District, especially affordable to low, very low, and extremely low-income households and housing for persons with disabilities, including developmental disabilities. The General Plan would retain policies related to requiring aminimum of 600,000 square feet of retail use and no more than 30 percent of commercial space developed with entertainment uses, requiring development in a street grid with improved public street connections to encourage development in the form of a town center. Zoning Amendments To implement the General Plan amendments, the following two types of zoning amend ments are al so required. Municipal Code Amendment A new zoning category, Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)), is proposed to be added to the text of the Municipal Code. This zoning designation would include development standards enabling the mixed use or residential -only development contemplated for the Vallco Shopping District Special Area as discussed above (see Attachment 3). Zoning Map Amendment The Vallco Shopping District Special Area would be rezoned to designate 13.1 acres as Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning (P(R3,CG)) and the remainder of the Special Area to General Commercial (CG) (see Attachment 4). Upon a determination by the Planning Commission on the location of the residential designation, conforming exhibits will be prepared for the City Council's consideration at its hearing on this subject. Consistency with Government Code Section 65863 State housing law requires that the City maintain sufficient sites to accommodate its RHNA at each incomelevel throughout theeight-year"planning period" that itsHousing Element is effective. Government Code Section 65863 prohibits the reduction of residential capacity on sites included in the Housing Element inventory unless: (1) the reduction is consistent with the adopted general plan, including the housing element; and (2) the remaining sites identified in the Housing Element are adequate to meet the remaining RH NA by income level. As an initial matter, the Housing Element identified a realistic capacity of 389 units at a density suitable for housing affordable to lower income households in the Vallco Shopping District Special Area. The General Plan and zoning amendmentsdo not reduce the capacity of the Special Area below 389 units, so the amendments do not result in a "lower residential density" in theSpecial Area(asthat term isused in Government Code Section 65863(g)(1)). However, even if the amendments did result in a lower residential density, they would still be permitted under Government Code Section 65863. The Land Use and Housing Elements of the General Plan both contemplated that 389 units would be developed in the Special Area, and the amendments make the development of at least 389 units permitted by right. Therefore, the amendments are consistent with the adopted General Plan, including the Housing Element. In addition, the amendments leave a surplus of sites available for development that is suitable for housing affordable to lower income households. For the current Housing Element, the City isrequired to plan for at least 563lower incomeunits. So far in thecycle, the City has issued building permitsfor 19 units and approved projects (the Hamptons and Marina) that would provide up to 57 more units. These units, plusthe 389 unitsthat would be permitted in the Vallco Shopping District Special Area, leave a balance of 98 units. The Housing Element identifiesthe Oaks in its inventory as being availablefor 200 units, more than enough to meet the remaining RH NA. Therefore, the amendments are consistent with the requirementsof Government Code Section 65863. Environmental Analysis In 2014, the City Council certified a Final Environmental Impact Report (EIR) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007), which wasa program EIRprepared incompliance with California Environmental Quality Act (CEQA) Guidelines Section 15168. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) for five Special Areas, seven Study Areas, and other Special Areasin connection with theadoption of the Cupertino Community Vision 2015-2040 (General Plan). The General Plan and Associated Rezoning were adopted in December 2014, the Housing Element Update was adopted in May 2015, and modifications to the text and figures of the General Plan adopted in October 2015 following adoption of an Addendum to the EIR. When alead agency hascertified an EIR, Public Resources Code Section 21166and CEQA Guidelines 15162 provide that no subsequent environmental review shall be required unless specified conditions have occurred (substantial changes in the project, substantial changeswith respect to the circumstances under which the project is undertaken, or new information of substantial importance which was not known and could not have been known when the EIR was certified) and would result in new significant environmental effects or a substantial increase in the severity of significant environmental effects requiring major revisions to the EIR. CEQA Guidelines Section 15164 further states that if some changes or additions to a previously certified EIR are needed, but subsequent review is not required under CEQA Guidelines 15162, an addendum shall be prepared. The City has prepared a Second Addendum to the Final EIR to evaluate whether the proposed modifications to the Vallco Shopping District Special Area described in this Staff Report would require major revisions to the Final EIR due to new significant environmental effects or a substantial increase in the severity of significant environmental effects previously identified in the EIR. The Second Addendum, which is included as Attachment 9, provides analysis and cites substantial evidence in support of the conclusion that no subsequent environmental review is required because none of the conditions that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred. Therefore, it is recommended that the Planning Commission recommend adoption of the Second Addendum, and no further environmental review is required for the modificationsto theVallco Shopping District Special Area described in this Staff Report. Public Noticing and Outreach The following noticing has been conducted for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda (available at least 10 days prior to hearing, unless noted otherwise) (posted five days prior to hearing, unless noted otherwise) ■ Legal ad placed in newspaper ■ Posted on the City's ■ 96 Public Hearing notices mailed to property owners official notice within 300 feet of the site bulletin board ■ 36noticesmailed to agencies, service and utility providers ■ Posted on the City ■ E -notification sent to 776email addresses of Cupertino'sWeb ■ D i sp I ay (courtesy) ad p I aced in newspaper site Next Steps Staff will prepare conforming exhibits based on Planning Commission direction to include for the General Plan Amendment related to the Residential/Regional Shopping land use designation and the Zoning Amendment related to the P(R3,CG) zoning designation to be presented to the City Council. The City Council will consider the Planning Commission's recommendations at an upcoming hearing and make final decisions regarding the proposed General Plan and Zoning amendments. In addition, at itsMay 7, 2019 meeting, the City Council directed staff to placeon afuture agenda a community process for future development of the Vallco site, which could result in more comprehensive development standards and additional housing throughout the Special Area. Staff is currently developing options and cost estimates to develop and implement acommunity engagement process to prepare a Specific Plan and will return for Council consideration at a future meeting. Prepared by: Joseph Petta, Assistant City Attorney Reviewed by: Richard S. Taylor, Assistant City Attorney Approved for Submission by: Benjamin Fu, Director of Community Development Attachments: 1. Draft Resolution No. recommending that the City Council adopt GPA - 2019 -01, a resolution adopting a Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amending the General Plan to removeofficeasa permitted usefrom theVallco Shopping District Special Areaand remove associated office allocations 2. Draft Resolution No. recommending that the City Council adopt GPA - 2019 -02, a resolution amending the General Plan and General Plan Land Use Map to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area and identifying a recommended location for future residential development on 13.1 acresof the Special Area 3. Draft Resolution No. , recommending that the City Council adopt MCA - 2019 -01, an ordinance eliminating references in the Municipal Code to the Vallco Town Center Specific Plan and adding language establishing development standards for a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) 4. Draft Resolution No. , recommending that the City Council adopt Z-2019- 01, an ordinance amending the zoning map to rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG) 5. Planning Area description for Vallco Shopping District Special Area 6. Table LU -1 and Figure LU -2 of the General Plan 7. Existing General Plan Vallco Shopping District Special Area policies 8. Aerial of Vallco Shopping District Special Area and Assessor Parcel Map 9. Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report (State Clearinghouse No. 2014032007) GPA -2019-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OF THE PLAN N ING COMM I SSI ON OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT GPA - 2019 -01,A RESOLUTION ADOPTING SECOND ADDENDUM TOTHE2014 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING PROJECT ENVIRONMENTAL IMPACT REPORT AND AMENDING THE GENERAL PLAN TO REMOVE OFFICE ASA PERMITTED USE FROM THE VALLCO SHOPPING DISTRICT SPECIAL AREA AND REMOVE ASSOCIATED OFFICE ALLOCATIONS WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered the Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amend mentsto the City's General Plan to removeoffice usesasa permitted land usewithin theVallco Shopping District Special Area and remove the associated office development allocation; and WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findings set forth in the Draft Resolution attached hereto as Exhibit aretrueand correct and are incorporated into this Resolution asthough fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Resolution attached hereto as Exhibit A, adopt the Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and proposed General Plan Amendment. PASSED AND ADOPTED this30rd day of July, 2019, at a Special Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Community Development Director APPROVED: R Wang, Chair Planning Commission IOVA :I11.11r_1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XXXX A RESOLUTION OFTHECITY COUNCIL OF TH E CITY OF CUPERTINO ADOPTING SECOND ADDENDUM TO THE 2014 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING PROJECT ENVIRONMENTAL IMPACT REPORT A N D AMENDING THE GENERAL PLAN TO REMOVE OFFICEASA PERMITTED USE FROM THEVALLCO SHOPPING DISTRICT SPECIAL AREA AND REMOVE ASSOCIATED OFFICE ALLOCATIONS SECTI ON 1: PROJECT D ESCRI PTI ON Application No: GPA -2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20-095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316-20-105, 316-20-106, 316-20-107 SECTION II: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Vallco Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units to be developed pursuant to a specific plan for the Special Area; and WHEREAS, the City Council desires to improve the jobs/housing balance within Cupertino by decreasing the amount of future office uses the be developed relative to housing, which will reducetraffic congestion, reducevehicle miles traveled (VMT), and contribute to a reduction in greenhouse gas emissions from commuting patterns that follow unbalanced office development without adequate residential opportunities; and WH EREAS, this General Plan Amendment to remove office uses as a permitted land use within the Vallco Shopping District Special Area and remove the associated office development allocation (the "General Plan Amendment") will allow for planning and development that is consistent with the community's vision for the Vallco Shopping District Special Area while the City continues its effort to develop a specific plan for the Special Area; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City prepared a Final Environmental Impact Report (Final EIR") for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007), which was a program EIR prepared in compliance with California Environmental Quality Act Guidelines Section 15168; and WH EREAS, the City Council certified the Final EIR on December 4, 2014, approved the General Plan Amendmentsand Associated Rezoning on December 4, 2014and December 16, 2014, respectively, approved the Housing Element Update on May 19, 2015, and approved modifications to the text and figures of the General Plan on October 20, 2015 following adoption of an Addendum (together, the "Project" ); and WHEREAS, since certification of the Final EIR, the City has proposed modifications to the Project for the Vallco Shopping District Special Area consisting of amendmentsto the General Plan to reflect that office uses are not permitted within the Vallco Shopping District Special Area and remove the associated office development allocation, set height limits for the area, and make other conforming/clarifying text edits to create density standards to permit up to 458 units with a minimum density of 29.7 units per acre (389 units) and a maximum density of 35 units per acre on designated parcels totaling 13.1 acreswithin the Vallco Shopping District Special Area; amendmentsto the Zoning Map to rezone the 13.1 acres of Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning (P(R3,CG)) and the remainder of the Special Area to General Commercial; and amendments to Municipal Code Title 19 to remove references to the former Vallco Town Center Specific Plan and identify development standards for the new P(R3,CG) zoning designation in Chapter 19.80; and WH EREAS, the proposed modification will not result in any of the conditions requiring preparation of asubsequent ElRasdescribed in Public Resources Code Section 21166and CEQA Guidelines Section 15162; and WHEREAS, the City has caused to be prepared a Second Addendum to the Final EIR pursuant to CEQA Guidelines Section 15164; and WHEREAS, the Second Addendum provides analysisand cites substantial evidencethat supports the conclusion that no subsequent environmental review is required because there are no substantial changes in the Project or the circumstances under which the Project is to be undertaken that would result in new or substantially more severe environmental impacts requiring major revisions to the Final EIR, and there is no new information that involves new significant environmental effectsor asubstantial increase in the severity of previously identified environmental effects that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162; and WHEREAS, following necessary public notices given as required by the procedural ordinancesof the City of Cupertino and the Government Code, the Planning Commission held a public hearing on July 30, 2019 to consider the General Plan Amendment; and WHEREAS, on July 30, 2019, the Planning Commission recommended on a X -X vote that the City Council adopt the General Plan Amendment (GPA -2019-01), in substantially similar form to the Resolution presented; and WHEREAS, on August 20, 2019, upon due notice, the City Council has held at least one public hearing to consider the General Plan Amendment; and WH EREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, by Resolution No. [##M the Planning Commission recommended that the City Council adopt the Second Addendum to the Final EIR; and WHEREAS, prior to taking action on this Resolution, the City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the modificationsto the Project. SECTION III: RESOLUTIONS NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby takes thefollowing actions: 1. Determines that the Second Addendum reflects the independent judgment of the City. 2. Adopts the Second Addendum to the Final EIR for the modifications to the Vallco Shopping District Special Area consisting of amendments to the General Plan, Zoning Map and Municipal Code Title 19. 3. Adopts the amendments to the General Plan (Application No. GPA -2019-01) as shown in Exhibit GPA -01A and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of thefinal published General Plan. 4. Adopts the amendments to the General Plan Land Use Map as shown in Exhibit GPA -01B. NOW, THEREFORE, BE IT FURTHER RESOLVED: Theforegoing recitals are true and correct and areincluded herein by reference asfindings. NOW, THEREFORE, BE IT FURTHER RESOLVED: The City Council directs the Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA Guidelines. PASSED AND ADOPTED this20th day of August 2019, at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N O ES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk APPROVED: Steven Scharf Mayor, City of Cupertino Exhibit GPA -01A Amend Chapter 2, Page PA -8 as follows: [Delete "Office" from legend of Vallco Shopping District Special Area Diagram.] Amend Chapter 3, Page LU -13 related to Vallco Shopping District as follows: Table LU -1: Citywide Development Allocation Between 2014-2040 [M ake conformi ng edits to "Citywide" totals] ** Buildout totalsor G�fiee and Residential allecation within the ;-'allee Shopping District are iiet adepte by that date7 City will consideF the Femoval of the G�fiee and Residential allocations Amend Chapter 3, Pages LU -50 and LU -51 as follows: LU -19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential aR e#+seuses. Parcelization is highly discouraged in order to preserve the site for redevelopment in thefuture. LU -19.1.4: Land Use. Thefollowing uses are allowed on the site (see Figure LU -2 for residential densities and criteria): 1. Retail: High -performing retail, restaurant and entertainment uses. Maintain a minimum of 600,000 square feet of retail that provideagood sourceof salestax for the Commercial (s.f.) Office (s.f.) Hotel (rooms) Residential(units) Current Current Current Current Built Avail Built Built Build Avail Built Build Avail Buildout Buildout Available (Oct. 7, able (Oct. 7, (Oct. 7, out able (Oct. 7, out able 2014) 2014) 2014) 2014) V al I co Shopping 1,207,774 1,207,774 - - 00 2000 000 148 339 191 - 389 389 District** - - [M ake conformi ng edits to "Citywide" totals] ** Buildout totalsor G�fiee and Residential allecation within the ;-'allee Shopping District are iiet adepte by that date7 City will consideF the Femoval of the G�fiee and Residential allocations Amend Chapter 3, Pages LU -50 and LU -51 as follows: LU -19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential aR e#+seuses. Parcelization is highly discouraged in order to preserve the site for redevelopment in thefuture. LU -19.1.4: Land Use. Thefollowing uses are allowed on the site (see Figure LU -2 for residential densities and criteria): 1. Retail: High -performing retail, restaurant and entertainment uses. Maintain a minimum of 600,000 square feet of retail that provideagood sourceof salestax for the City. Entertainment uses maybe included but shall consist of no more than 30 percent of retail uses. 2. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurantson theground floor. 3. Residential: Allow residential on upper floorswith retail and active uses on the ground floor. Encouragea mix of unitsfor young professionals, couplesand/or active seniorswho liketo livein an active"town center" environment. Exhibit GPA -01B City of Cupertino Land Use Map [Designate Vallco Site as Commercial/Residential from Commercial / Office/ Residential] GPA -2019-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OFTHE PLANNING COMMISSION OF TH E CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT GPA -2019-02,A RESOLUTION AMENDINGTHE GENERAL PLAN AND GENERAL PLAN LAND USE MAP TO ESTABLISH HEIGHTLIMITSAND ENACT DEVELOPMENT STANDARDSFOR RESIDENTIAL USESWITHIN THEVALLCO SHOPPING DISTRICT SPECIAL AREA AND IDENTIFYINGA RECOMMENDED LOCATION FORFUTURE RESI D EN TI A L D EVELOPM EN T ON 13.1 A CRES OF TH E SPECI A L A REA WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered amendments to the City's General Plan to establish height limits and enact development standardsfor residential useswithin the Vallco Shopping District Special Area; and WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findingsset forth in the Draft Resolution attached hereto as Exhibit aretrueand correct and are incorporated into this Resolution as though fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Resolution attached hereto as Exhibit A, adopt the proposed General Plan Amendment. PASSED AND ADOPTED this 30th day of July, 2019, at aSpecial Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Community Development Director APPROVED: R Wang, Chair Planning Commission IOVA :I11.11r_1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XXXX A RESOLUTION OFTHECITY COUNCIL OF TH E CITY OF CUPERTINO AMENDING THE GENERAL PLAN AND GENERAL PLAN LAND USE MAP TO ESTABLISH HEIGHT LIM ITSAN D ENACT DEVELOPMENT STANDARDS FOR RESIDENTIAL USESWITHIN THEVALLCO SHOPPING DISTRICT SPECIAL AREA AND IDENTIFYING RECOMMENDED LOCATION FOR FUTURE RES DENTIAL DEVELOPMENTON 13.1 ACRESOFTHESPECIAL A REA SECTI ON 1: PROJECT D ESCRI PTI ON Application No: GPA -2019-02 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20-095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316-20-105, 316-20-106, 316-20-107 SECTION II: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Vallco Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units to be developed pursuant to a specific plan for the Special Area; and WH EREAS, at astudy session on June 18, 2019, as required by Housing Element Strategy 1 because a specific plan has not been adopted, the City Council considered removing the Vallco Shopping District Special Area asa Priority Housing Site and replacing it with the sites shown in Housing Element "Scenario B," which involves upzoning sites within the City other than the Val lco Shopping District Special Area; and WH EREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to not pursue removing the Vallco Shopping District Special Area as Priority Housing Ste and replacing it with the sites shown in Scenario B, and City Council directed staff to instead prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area consistent with Government Code Section 65863; and WHEREAS, this General Plan Amendment to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area (the "General Plan Amendment") will ensure that the policies and strategies contained in the City's Housing Element are implemented and will allow for planning and development that isconsistent with the community's vision for theVallco Shopping District Special Area while the City continues its effort to develop a specific plan for the Special Area; and WHEREAS, the City has prepared a Second Addendum ("Second Addendum") to the Final Environmental Impact Report ("Final EIR") for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for modifications to the General Plan and zoning affecting the Vallco Shopping District Special Area in compliancewith the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"); and WHEREAS, following necessary public notices given as required by the procedural ordinancesof the City of Cupertino and the Government Code, the Planning Commission held a public hearing on July 30, 2019 to consider the General Plan Amendment; and WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning Commission; and WH EREAS, on July 30, 2019, the Planning Commission recommended on a X -X vote that the City Council adopt the Second Addendum to the Final EIR (EA -2013-03); and WHEREAS, on July 30, 2019, the Planning Commission recommended on aX-Xvotethat the City Council adopt the General Plan Amendment (GPA -2019-01), in substantially similar form to the Resolution presented; and WHEREAS, on August 20, 2019, upon due notice, the City Council has held at least one public hearing to consider the General Plan Amendment; and WH EREAS, on August 20, 2019, by Resolution No. [XXXX], the City Council adopted the Second Addendum to the Final EIR (EA -2013-03) and adopted the amendments to the General Plan (Application No. GPA -2019-01); and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; WHEREAS, prior to taking action on this Resolution, the City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the General Plan amendment to establish height limits and enact development standards for residential usesin theVallco Shopping District Special Area. SECTION III: RESOLUTIONS NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby adopts: 1. Amendments to the General Plan (Application No. GPA -2019-02) as shown in Exhibit GPA -02A and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of the final published General Plan; and 2. Changes to the Land Use Map asshown in Exhibit GPA -02B. N OW, TH EREFORE, BE IT FURTHER RESOLVED: Theforegoing recitals are true and correct and areincluded herein by reference asfindings. NOW, THEREFORE, BE IT FURTHER RESOLVED: The City Council directs the Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA Guidelines. PASSED AND ADOPTED this20th day of August 2019, at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N O ES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk APPROVED: Steven Scharf Mayor, City of Cupertino Exhibit GPA -02A Amend Chapter 2, page PA -8 as follows: CONTEXT TheVallco Shopping District Special Area encompasses Cupertino's most significant commercial center, formerly known as the Val Ico Fashion Park. This Special Area is located between Interstate 280 and Stevens Creek Boulevard in the eastern part of the city. The North Blaney neighborhood, an established single-family area, is adjacent on thew est side of the Val Ico Shopping District. Wolfe Road bisects the area in a north - south direction, and `^lmymdesVallnn Chopping Distrint into distinnt subareas: \/�Ilnn SheppiRg DiStFiGt Gateway West and VaIlGe SheppiRg DistFic4 Gateway Fast. In recent yearsthere has been somefagade improvement to theVallco Fashion Mall; however, there has been no major reinvestment in the mall for decades. Reinvestment is needed to upgrade or replace older buildings and make other improvements so that this commercial center is more competitive and better serves the community. G irrnntl„ the retailers. TheVal lco Shopping District is identified as a separate Special Area given its prominence as a regional commercial destination and its importance to future planning/redevelopment efforts expected over the life of the General Plan. VISION The Vallco Shopping District will continue to function asamajor regional and community destination. The City envisions this area as a new mixed-use " town center" and gateway for Cupertino. It will include an interconnected street grid network of bicycleand pedestrian -friendly streets, more pedestrian -oriented buildingswith active useslining Stevens Creek Boulevard and Wolfe Road, and publicly-accessiblerg ade- level parksand plazasthat support the pedestrian -oriented feel of the revitalized area. New development in theVallco Shopping District should berequired to providebuffers between adjacent single-family neighborhoods in the form of boundary walls, setbacks, landscaping or building transitions. [TBD based on Planning Commission input - Designate 13.1 acres as new "Regional Shopping/Residential" and designate the bulk of the sites as new "Regional Shopping" designation within theVallco Shopping District Special Area Diagram.] Amend Chapter 3, Page LU -13 related to Val Ico Shopping District as follows: Table LU -1: Citywide Development Allocation Between 2014-2040 ** Buildout totals for Residential allocation within the Vallco Shopping District are available by -- right as defined in Government Code Section 65863.2. Amend Chapter 3, Pages LU -16 and 17 as follows: Figure LU -2: Community Form Diagram Vallco Shopping District Special Area West of Wolfe Rd Regional Shopping / Residential Maximum Residential Density 35 units per acre in areas identified Figure LU -4 Minimum Residential Density in 29.7 units per acre in areas identified in Figure LU -4 Maximum Height Dor Sped fin Plan Up to 60 feet for residential only uses Up to 75 feet for residential above ground -floor retail uses Regional Shopping Frit of Wolfe na Maximum Residential Density 35 units pee ax -e N/A - residential is not a permitted use Maximum Height PeF SPec.f i G R aR U p to 60 feet [TBD based on Planning Commission input - Show the approximate location for the Regional Shopping / Residential portion of the site, in addition to a more detailed diagram LU -4] Commercial (s.f.) Office (s.f.) Hotel (rooms) Residential (units) Current Current Current Current Built Avail Built Build Avail Built Build Avail Built Build Avail Buildout (Oct. 7, able (Oct. 7, out able (Oct. 7, out able (Oct. 7, out able 2014) 2014) 2014) 2014) V al I co Shopping 1,207,774 1,207,774 - - - - 148 339 191 - 389 389 District' ** Buildout totals for Residential allocation within the Vallco Shopping District are available by -- right as defined in Government Code Section 65863.2. Amend Chapter 3, Pages LU -16 and 17 as follows: Figure LU -2: Community Form Diagram Vallco Shopping District Special Area West of Wolfe Rd Regional Shopping / Residential Maximum Residential Density 35 units per acre in areas identified Figure LU -4 Minimum Residential Density in 29.7 units per acre in areas identified in Figure LU -4 Maximum Height Dor Sped fin Plan Up to 60 feet for residential only uses Up to 75 feet for residential above ground -floor retail uses Regional Shopping Frit of Wolfe na Maximum Residential Density 35 units pee ax -e N/A - residential is not a permitted use Maximum Height PeF SPec.f i G R aR U p to 60 feet [TBD based on Planning Commission input - Show the approximate location for the Regional Shopping / Residential portion of the site, in addition to a more detailed diagram LU -4] Building Planes: • Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines except for the Crossroads A rea. • For the Crossroads area, seethe Crossroads Streetscape Plan. • For projects outside of theVallco Shopping District %ecial Area that are adjacent to residential areas: Heights and setbacks adjacent to residential areas will be determined during project review. • For pro 0ectswithin theVallco Shopping District %ecial Areathat areadjacent to the North Blaney neighborhood: Maintain the primary building bulk below a 1:1 slopeline drawn from theadjacent residential property line. • For the North and South Vallco Park areas (exert fer ` a''Ge SheppiRg DiGtFiC4 Special Area): Maintain the primary building bulk below a 1.5:1 (i.e., 1.5feet of setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road curb linesand below 1:1 slopelinedrawn from Wolfe Road and Tantau Avenue curb line. Priority Housing Sites: Notwithstanding the heightsand densitiesshown above, the maximum heightsand densitiesfor Priority Housing Siteidentified in theadopted Housing Element other than theVallco Shopping District %ecial Area shall beas reflected in the Housing Element. TheVallco Shopping District Special Area shall be subject to the heights and densities shown above, with residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU -4. Amend Chapter 3, Page LU -18 as follows: 4. Uses. Include a substantial viable, retail component. Retail and activeusessuch as restaurants, outdoor dining, and entries are required along theground floor of main street frontages, and such usesareoptional on theground floor of residential buildings within the Regional Shopping/Residential designation. Mix of unitsfor young professionals, couplesand/or active seniors who Iiketo Iivein an active" mixed-use village" environment. Officeuses, if allowed, should provide active uses on theground floor street frontage, including restaurants, cafes, entries, lobbies, etc. Amend Chapter 3, Pages LU -50 and LU -51 as follows: VALLCO SHOPPING DISTRICT SPECIAL AREA The City env isionsa completered evelopment of the existing Val Ico Fashion Mall into a vibrant m i xed -u se " tow n center" that isafocal point for regional visitors and the community. This new Val Ico Shopping District will become ad estinati on for shopping, dining and entertainment in the Santa Clara Valley. POLICY LU -19.1: ALLOWED LAND USES The fol lowing uses areal lowed in the Val I coShopping District Special Area (see Figure LU -2 for residential densities and criteria and Figure LU -4 for location of allowable land u ses : 1. Residential: Permit residential and ground floor commercial development within the portion of the site designated for Regional Shopping/Residential uses in advance of creatina asaecific plan, at a maximum densitv of 35dwelIina units per acre and a minimum density of 29.7 dwelling units per acre by right, with maximum heights as shown in FigureLU-2. Limited ground floor commercial uses are permitted, but not required, in connection with residential development. Additional housing may beconsidered on thesitewith thedevelopment of a Specific Plan and General Plan amendment asidentified in Policy LU -19.3. 2. Non -Residential: Permit commercial usesconsistent with the Reaional Shopping/Residential and Regional Shopping designation. Maintain a minimum of 600,000 square feet of retail that provide a good source of sales tax for the City. Entertainment uses may be included but shall consist of no morethan 30 percent of retail uses. POLICY LU -19.2: DEVELOPMENT STANDARDS New develoament within theVallco ShODDina District %ecial Area shall bereauired to comDly with thefollowina standards: LU -19.2.1: "Town Center" Layout. (formerly LU -19.1.5) Create streets and blockslaid out using "transect planning" (appropriate street and building typesfor each area), which includes a discernible center and edges, public spaceat center, high quality publicrealm, and land uses appropriate tothestreet and building typology. Private streets must be open to the sky. Connections between buildinasareDermitted at levels above the third floor for Dublicservina usesor for limited walkways (no wider than 10 feet) which may be Drivate. LU -19.2.2: Existing Streets. (formerly LU -19.1.7) Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian -friendly with bikelanes, widesidewalks, street trees, improved pedestrian intersectionsto accommodate the connections to Resebowl Nineteen800, aP4 Main Street. and the surroundina areas. POLICY LU 19.1 LU -19.3: SPECIFIC PLAN Create a Val Ico Shopping District Specific Plan and a related General Plan amendment prior to any development on the site portion of the site with the Regional Shopping designation, which shall seek to provide substantial additional housing opportunitiesat the site, and that lays out the land uses, design standards and guidelines, and infrastructure imp rovementsrequired. In order to allow avibrant town center development, as part of the Specific Planning process consider a General Plan amendment that would allow additional housing within theVallco Shopping District, especially affordableto low, very low, and extremely low-income householdsand housing for personswith disabilities, including developmental disabilities. The Specific Plan will be based on the following strategies: STRATEGIES- LU-19.3.1-LU TRATEGIES: LU -19.3.1' "'�T: Master Developer. Redevelopment of the portion of the sitewith the Regional Shopping designation pursuant to the specif i c p I an will req uirea master developer in order rem ovethe obstaclesto the development of a cohesi ve d i stri ct with the highest levels of urban design. LU -19.3.2' "�_: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to designating any additional area for residential uses pursuant to Policy LU -19.3 add0Rg resmdentia! and off 0Ge Yse . Parcel i zati on is highly discouraged in order to preserve the sitefor redevelopment in thefuture. LU -19.3.3' "�.: Complete Redevelopment. The"town center" plan should bebased on complete redevelopment of thesitein order to ensure that the site can be planned to carry out the community vision. wwr 1 . . 19.1.5: "Town Center" Lay (nowLU-19.2.1) 1 111111 .. .. LU-19.3.4LU .: Connectivity. Providea newly configured completestreet grid hierarchy of streets, boulevardsand alleysthat ispedestrian-oriented, connectsto existing streets, and createswalkable urban blocksfor buildingsand open space. It should also incorporate transit facilities, provide connections to other transit nodesand coordinatewith the potential expansion of Wolfe Road bridgeover Interstate280to continue the walkable, bikeable boulevard concept along Wolfe Road. The project should also contribute towards a study and i m provements to a potential Interstate 280 trail along the drainage channel south of the freeway and provide pedestrian and bicycle connections from the project sites to the trai 1. .S rnprove SteveRS Greek Boulevard and Wolfe Read te beGerne mere bi ke FIRM 0.7—m- ', Renumber LU -19.1.8 throuah LU -19.1.14 as LU -19.3.5 throuah LU -19.3.11. Add following text to Appendix A, page A-6 Reizional Shovvinw This desianation aaDlies to the Dortions of the Val Ico %ODDin District Special Area that do not allow residential uses. This designation allows commercial uses that incl ude retai I sales, businesses, and service establ ishments with direct contact with customers. High -performing retail, restaurant and entertainment uses are Dermitted. Hotel uses are Dermitted. and a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor is encouraged. Regional Shopping / Residential: This designation applies to the portions of the Vallco Shopping District Special Area that allow residential uses. This designation allows residential development at a maximum density of 35 dwelling units per acre and a minimum density of 29.7dwelling units per acre by right. Limited, supporting commercial uses that includeretaiI sales, businesses, and service establish mentswith direct contact with customers on the ground level are permitted but not required. High - performing retail, restaurant and entertainment uses are permitted. The development may result in structureswith ua to fivelevelsin residential onlv structuresor ua to six levelsin structuresthat include ground -floor commercial useswith theheights indicated in Figure LU -1. Exhibit GPA -02B City of Cupertino Land Use Map [Designate 13.1 acres of Vallco Site as Regional Shopping / Residential; designatethe remainder of the site as Regional Shopping - TBD based on Planning Commission input.] [Edit legend text as follows: Notwithstanding thedensities shown above, sites are designated as Priority Housing Stites in the adopted Housing Element shall havethe densitiesshown in the Housing Element asfurther defined in Figure LU -2 in the Land Use Element.] M CA -2019-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OFTHE PLANNING COMMISSION OF TH E CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT MCA -2019-01, AN ORDINANCE ELIMINATING REFERENCESIN THE MUNICIPAL CODETO THEVALLCO TOWN CENTER SPECIFIC PLAN AND ADDING LANGUAGE ESTABLISHING DEVELOPMENT STAN DARDSFORA NEW MIXED USEPLANNED DEVELOPMENTWITH MULTIFAMILY (R3) RESIDENTIAL AND GENERAL COMMERCIAL ZONING DESIGNATION (P(R3,CG)) WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered amendments to the City's Municipal Codeto add a new zoning category, Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)), to the text of the Municipal Code. This zoning designation would include development standards enabling the mixed use or residential -only development contemplated for the Vallco Shopping District Special Area. WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findings set forth in the Draft Ordinance attached hereto as Exhibit A aretrueand correct and are incorporated into this Resolution asthough fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Ordinance attached hereto as Exhibit A, adopt the proposed Municipal Codeamendments. M CA -2019-01 PASSED AND ADOPTED this 30th day of July, 2019, at aSpecial Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Community Development Director APPROVED: R Wang, Chair Planning Commission EXH I BIT A ORDINANCE NO. AN ORD INA NCE OF THE CITY COUNCIL OF THE CITY OFCUPERTINO ELI MIN ATINGREFERENCESIN THEM UNICIPAL CODE TOTHE VALLCO TOWN CENTER SPECIFIC PLAN AND ADDING LANGUAGE ESTABLISHING DEVELOPMENT STANDARDS FORA NEW MIXED USE PLANNED DEVELOPMENTWITH MULTIFAMILY(R3)RESIDENTIAL AND GENERAL COMMERCIAL ZONING DESIGNATION (P(R3,CG)) SECTI ON I : PROJECT D ESCRI PTI ON Application No: MCA -2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20- 095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316- 20-105, 316-20-106, 316-20-107 SECTION 11: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Val Ico Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units to be developed pursuant to a specific plan for the Special Area; and WH EREAS, at a study session on June 18, 2019, as required by Housing Element Strategy 1 becausea specific plan has not been adopted, the City Council considered removing the Vallco Shopping District Special Area asa Priority Housing Ste and replacing it with the sites shown in Housing Element "Scenario B," which involves upzoning sites within the City other than the Val lco Shopping District Special Area; and WH EREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to not pursue removing the Vallco Shopping District Special Area as Priority Housing Site and replacing it with the sites shown in Scenario B, and City Council directed staff to instead prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area consistent with Government Code Section 65863; and WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to the Council's consideration of the Municipal Code amendments, the Council adopted Resolution No. , approving a General Plan Amendment to remove office uses as a permitted land use within the Vallco Shopping District Special Area and remove the associated office development allocation, and Resolution No. , approving a 3 EXH I BIT A General Plan Amendment to establish height limits and enact development standards for residential useswithin theVallco Shopping District Special Area; and WHEREAS, the Ordinance amends the City's Municipal Code to add a new zoning category, Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)), to thetext of the Municipal Code that includes development standards enabling the mixed use or residential -only development contemplated for the Vallco Shopping District Special Area; and WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare, and the amendments herein are necessary to implement the Housing Element of the General Plan as adopted; and WHEREAS, the City has prepared a Second Addendum ("Second Addendum") to the Final Environmental Impact Report ("Final EIR") for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for modifications to the General Plan and zoning affecting the Vallco Shopping District Special Area in compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (" CEQA") together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"); and WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on July 30, 2019 to consider the Ordinance; and WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning Commission; and WHEREAS, on July 30, 2019, the Planning Commission recommended on a X -X vote that the City Council adopt the Ordinance (M CA -2019-01), in substantially similar form to the Ordinance presented; and WHEREAS, on August 20, 2019and upon duenotice, the City Council has held at least two public hearingsto consider the Municipal CodeAmendment; and WHEREAS, on August 20, 2019, by Resolution No. [XXXX], the City Council adopted the Second Addendum to the Final EIR (EA -2013-03); and WH EREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the Municipal CodeAmendments included in the Ordinance. 4 EXHIBIT A SECTION III N OW, TH EREFORE, BE IT ORDA I N ED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby adopts the Municipal Codeamendments based on thefindings described above, the public hearing record, subject to the conditions specified below: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council findsthefollowing asset forth by Municipal Code 19.152.020.C: 1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's Comprehensive General Plan (Community Vision 2040) and the proposed amendmentsare internally consistent with Title 19 of the Municipal Code. The Housing Element of the General Plan calls for the City to permit at least 389 dwelling units in the Vallco Shopping District Special Area. The General Plan Amendments (adopted at the City Council meeting with Resolution Nos. and ) modify the Land Use Element of the General Plan to remove office as a permitted use within the Vallco Shopping District Special Area and define development standards that will allow residential development by right on 13.1 acres at a maximum density of 35 dwelling units per acre. The proposed municipal code amendments would rezone the properties within the Vallco Shopping District Special Area for consistency with the General Plan, as amended by General Plan Amendments GPA -2019-01 and GPA -2019-02, and other relevant portions of the Municipal Code. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has prepared a Second Addendum to the Final EIR for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project that analyzes the potential environmental effects of the proposed zoning amendments. The City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the proposed zoning amendments to comply with CEQA. 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absenceof physical constraints) for the requested zoning designation(s) and anticipated land use development(s). The sites being rezoned have access to utilities and are compatible with adjoining land uses. To the extent that there are deficient utilities, the City has adopted mitigation measures to ensure 5 EXHIBIT A that any future development would need to provide the appropriate utilities to accommodate the development. The proposed zoning would implement the Housing Element and the Land Use Element of the General Plan, as amended by General Plan Amendments GPA -2019-01 and GPA - 2019 -02, which include development standards to permit at least 389 residential units and complementary commercial uses on the site, which are compatible with anticipated land use development in the area. 4. The proposed zoning will promote orderly development of the City. The sites being rezoned will promote orderly development in the City by allowing a critical mass of development to be proposed along the City's Priority Development Area (PDA) in which future development is anticipated without exceeding the vision for housing and complementary commercial development required in the Housing Element and Land Use Element of the General Plan, as amended by General Plan Amendments GPA -2019-01 and GPA -2019-02. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject p arcel s. The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare since these are conforming changes that are necessary to implement the Housing Element and Land Use Element of the City's General Plan, as amended by General Plan Amendments GPA - 2019 -01 and GPA -2019-02. Additionally, where health or safety impacts have been identified in the Final EIR, mitigation measures have been identified which would be applicable to any development on these sites. Section 3. The City Council approves theAmend mentstothe Municipal Code (Application No. MCA -2019-01) asshown in Exhibit A and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of thefinal published Municipal Code. Section 4. If any portion of this Ordinance or its application isfor any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would haveadopted each section, sentence, clauseor phraseof this Ordinance, irrespectiveof thefact that any oneor more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 5. The City Council directsthe Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA guidelines. 0 EXH I BIT A Section 6 This Ordinance shall not take effect unless and until General Plan Amendments GPA -2019-01 and GPA -2019-02 become effective. INTRODUCED this 20th day of August, 2019, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N OES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk APPROVED: Steven Scharf Mayor, City of Cupertino EXH I BIT A Exhibit A 19.12.030 Approval Authority. Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Datesfor different typesof Permits. Table 19.12.030 - Approval Authority Type of Permit or Decision ^ s Administrative Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period Noticing/ NoticingSite Radius D Posted Notice Expiration Date F Chapter/ Findings General Plan Amendment Major t I�I R I F PH CA. Govt. Code 65350-65362 Yes CA. Govt. Code 65350-65362 M i nor ISI R I F PH F Yes Zoning Map Amendments Major F I�I R II—F I PH CA. Govt. Code 65853-65857 Yes 19.152.020 M i nor � ISI R II F I PH I Y� Zoning Text Amendments R �F IF IF PH CA. Govt. Code 65853-65857 19.152.030 4)ecific Plans R F I F I PH CA. Govt. Code 65350-65362 20.04.030 Development Agreements R ]LLH CA. Govt. Code1EY 65867 s -:]=Fig 19.1120 Development Permits Major F, H II�I F/R IF A'/F PM I 19.12.110/300' F Yes IF I YesJE 2years 19.156.050 Minor G 01- IF ISI A' I A, PM I 2 years Conditional Use Permits Major F, H, I I. IF II II A'/F/R II A'/AvF II PH I CA. Govt. Codel 65905 Yes II 2year s 19.156.050 Minor G, I II IF II I A'/F/R I A'/ Az'F PH I I Yes 2years Temporary F A' Az No No]F1 year None 19.160.030 Density Bonus (Residential) R F Based on concurrent application 19.52 Adult -Oriented Commercial Activity (CU P) R FF=PHCA. Govt. Code 65905/300' Yes 2years 19.128.030& 19.128.040 Architectural and Site Approval Major J IF I�I A' I A PM I19.12.110/ Yes 2 years 19.168.030 i= 2 years Minor K F ISI A' I Az PM I Amendment Major F, H II I F I A Varies' II Depends on I permit being ame nded Yes Yes �� 2years 2 ears 19.44, 19.144, 19.156, 19.164 Minor F A A � Varies � Minor Modification II F I�I A' I A2 �I None No 2years 19.164 EXH I BIT A Table 19.12.030 - Approval Authority Public Type of Permit or Administrative Design Planning City Hearing/ Public Noticing/ Posted Expiration Chapter/ Decision A, e Review Review Committee Commission Council Meeting/ Noticing Radius D Site Notice Date E Findings Comment Period � Hillside Exception/ Height Exception/ F A' PH 19.12.110/300' Yes 2 years 19.40.080, 19.24.070, Heart of the City 19.136.090 Exception I Variance F A' Az PH CA. Govt. Code 65905 Yes 2years 19.156.060 conforStatus m non- conforming Use F A �� PH 19.12.110/300' Yes 19.140.110 Depends on WirelessAntennas ' F F/A' A2 Varies' application Yes 2years 19.136.090 type Signs Permits F I�I A' I A None —1F--19-104 No 1 year Neon, Reader board & Freeway F F FA PM 19.12.110/300' N o1 year 19.104 Oriented Signs' Programs F II II A' II A2 II I None II No II 1 year II 19.104 Exceptions' F I A' "' PM 19.12.110/ Adjacent Yes 1 year 19.104.290 19.12.110/ Parking Exceptions' F F A'A/AFvar " Adjacent/ Yes 1 year 19.124.050 300'11 Fence Exceptions J F I A„ PM 19.12.110/ Adjacent I Yes 1 year 19.48.060 Front Yard Interpretation F A' Az=PM 19.12.110/ Adjacent Yes 1 year 19.08 R-1 Ordinance Permits Two story' II F hI F/A' Varies' Yes 1 year 19.28.140 Minor Residential II F II II A' I Az CP I A 12.110/acent No 1 year Exceptions' I -I I A'M PM II Yes 1 year Protected Trees Tree Removal F A' A2 CP Adjacent unless exempt Yes 1 year 14.18.180 H eritage Tree Designation & F A' PM 19.' / 300 300' Yes 14.18 Removal Tree Management F A' �FA IF71 None No 14.18 Plan Retroactive Tree Removal F A A None No 14.18 Reasonable F A A �� None N o �� 1 year 19.52.050 Accommodation EXHIBIT A Table 19.12.030 - Approval Authority Public Hearing/ Type of Permit or Administrative Design Planning City Public Noticing/ Posted Expiration Chapter/ Decision A• B Review Review Commission Council Meeting/ Noticing Site Date E Findings Committee Radius ° Notice Comment Period c Extensions P Parking, Fence& Sign Exceptions& F A' A2 None No 1 year Front Yard Interpretations Neon, Reader board & Freeway F A' A2 None No 1 year Oriented Signs Two Story Permits, Minor Residential F A' A2 None No 1 year Permits and Exceptions Tree Removals F A' A2 No 1 year 19.12.110/ All other projects F A' A2 No 2years N one Ferp itsw ntTfhe Val l rATe...n(`enteZ _ see\/al l nn TAw n!`enter SpeGifi n 121 -an KEY: R—Review and recommendation body F—Final decision-making body unlessappealed A'—Appeal Body on first appeal A2 --Appeal body on second appeal PH—Public Hearing PM —Publ i c M eeti ng CP—Comment Period N otes: A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B. Projects with combined app IicationsshalI be processed at the highest level of approval in conformancewith Section 19.04.090. C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project typesthat need only a mailed noticeand no newspaper notices; Comment Period: Project typesthat need only a mailed noticeand do not need a public hearing or public meeting. D. Noticing Radiusof an application in acombined application shall correspond tothe maximum noticing radiusrequired for any oneof the applications. E. Expiration dateof an application in a combined application shall correspond to the 10 EXH I BIT A maximum expiration date allowed for anyone of the development app I ications (not including Subdivision Map Act applications, General Plan Amendmentsand Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for morethan ten thousand squarefeet 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 squarefeet or lessof 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 squarefeet 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 regulationsor chapters in thistitlethat apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application -architectural and siteapproval for all projectsthat are not a Minor Architectural and Ste Approval application. K. Minor Architectural and Site Approval application -singlefamily home in a planned development zoning district, minor building architectural modifications, landscaping, signsand lighting for new development, redevelopment or modification in such zoneswhere review is required and minor modificationsof duplex and multi- family buildings. L. Meeting typeand noticing aredependent on theunderlying permit being modified. M. Appeals of Design Review Committee decisions shall be heard by the City Council. N. 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. O. Parking Exceptionsin Single-family residential (R1)zonesand Duplex (R2)zones need adjacent noticing. All other Parking Exceptions need noticeswithin threehundred feet oftheexterior 11 EXH I BIT A boundary of the subject property. P. Application must befiled prior to expiration dateof permit. Permit isextended until decision of the Approval Body on the extension. 19.16.010 Zoning Districts Designated. B. In addition to the zones identified in Table 19.16.010A, the City may establish separate zoning districts in individual specific plans adopted to promote the orderly development of the plan area. These zoning districts are identified in Table 19.16.010B bel ow Table 19.16.010B - Specific Plan Districts Zoning Map Designation I Specific Plan Name Heart of the City Heart of the City VT -G Val lnn T-AwA i`eRTer \/ollnA TAW QPAtPr Land uses and development standards within a specific plan zone shall be as prescribed in the specific plan. 19.16.030 Zoning Map and District Boundaries. A. The boundaries of districts established by this title shall be shown upon the zoning map. Thezoning map, and all amendments, changes, and extensions thereof, and all legends, symbols, notations, references, and other matters shown thereon shall bea part of thistitle. B. Thezoning map, ascurrently effective, and a record of all amendments, changes and extensions thereof, shall bemaintained asa publicrecord in theofficeof the Director of Community Development. C. The boundaries of each district as shown upon the zoning map, or amendments thereto, are adopted by the ordinance codified in this title, and the specific regulations established by this titlefor each general district and all other regulations applicable therein asset forth in this title are established and declared to be in effect upon all 12 EXH I BIT A portionsof landsincluded within theboundariesof each and every district asshown upon thezoning map. 19.16.060 Application of Regulation to Sites Divided by Zone Boundaries. Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulationsapplicablewithin each district shall apply only to eachthe portion of this site situated in each a separate district. 19.80.030 Establishment of Districts—Permitted and Conditional Uses and Development Standards. A. Planned development zoning districts may be established, modified or removed from the zoning map, and the regulations applicable to any planned development district may be established, modified or deleted in accord with the procedures described in thischapter. B. All P districts shall be identified on thezoning map with the letter coding "P" followed by a specific reference to the general type of use al lowed in the particular planning development zoning district. For example, a planned development zoning district in which the usesareto begeneral commercial in nature, would bedesignated "P(CG)." A planned development zoning district in which the uses are intended to be a mix of general commercial and residential would be designated "P(CG/Res)." C. Permitted uses in a Pzoning district shall consist of all useswhich are permitted in thezoning district which constitutes the designation following the letter coding "P." For example, the permitted uses in a P(CG)zoning district arethesame useswhich are permitted in a CG zoning district for stieswith a mixed-use residential designation, Section 19.80.030F shall apply. D. Conditional uses in a Pzoning district shall consist of all useswhich requirethe issuanceof a conditional use permit in thezoning district which constitutesthe designation following the letter coding "P." For example, theconditional uses in a P(CG) zoning district arethesame useswhich requirea conditional use permit in CG zoning district. Each conditional use in a Pzoning district requiresa separate conditional use permit for siteswith a mixed-use residential designation, Section 19.80.030F shall apply. 13 EXH I BIT A E. The general category of uses in a Pzone shalI bed efined at the time of the conceptual plan, and shall be consistent with the adopted General Plan rel ativetot he property in the application. The development standards and regulations of the permitted and conditional usesshall beestablished in conjunction with theapproval of theconceptual and definitive plans, unless specifically identified in Section 19.80.030F below. Developments which arenot subject to discretionary approval by the City must comply with the development standards of the underlying zoning district. F. For siteswith a mixed-use residential designation thefollowing shall apply: 1. For sites in the Monta Vista Village Special Area, residential shall be a permitted u se. 2. If asiteislisted asaPriority Housing Stein the City's adopted Housing Element of the General Plan, then residential development that does not exceed the number of units designated for the site in the Housing Element shall be permitted use. 3. Residential development on sites not designated as Priority Housing Sites in the City's adopted Housing Element of the General Plan and residential development on a Priority Housing Ste that exceeds the number of units designated for that Priority Housing Siteshall beaconditional use. 4. Priority Housing Sitesshall beshown on theCity'szoning map. 5. For siteszoned P(R3, CG), multifamily residential useistheprimary permitted use. Commercial uses may be incorporated into the develoament on the around floor but shall not bethe primary Dermitted use. G. For siteswhich require a specific plan prior to development approval, the permitted and conditional usesand all development regulations shall beasshown in the specific plan. 14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OFTHE PLANNING COMMISSION OF TH E CITY OF CU PERTI N O RECOMMENDING APPROVAL OFA N ORDINANCE OFTHECITY COUNCIL OFTHE CITY OF CUPERTINO AMENDING THEZONING MAPTO REZONE 13.1 ACRESWITHIN THE VALLCO SHOPPING DISTRICT SPECIAL AREA TO MIXED USE PLANNED DEVELOPMENTWITH MULTIFAMILY(R3)RESIDENTIAL ZONING P(R3,CG)AND GENERAL COMMERCIAL USESAND THE REMAINDEROFTHE SPECIAL AREA TO GENERAL COMMERCIAL (CG) WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered amendments to the City's Master Zoning Map to rezone the Vallco Shopping District Special to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG); and WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findings set forth in the Draft Ordinance attached hereto as Exhibit Aare true and correct and are incorporated into this Resolution as though fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Ordinance attached hereto as Exhibit A, adopt the proposed Master Zoning Map amendments. PASSED AND ADOPTED this 30th day of July, 2019, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the fol lowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Benjamin Fu R Wang, Chair Community Development Director Planning Commission EXH I BIT A ORDINANCE NO. AN ORD INA NCE OF THE CITY COUNCIL OF THE CITY OFCUPERTINO AMENDING THE ZONING MAPTO REZONE 13.1 ACRESWITHIN THE VALLCOSHOPPING D I STRICT SPECIAL AREA TO MIXED USE PLANNED DEVELOPMENTWITH MULTIFAMILY (R3) RESIDENTIAL ZONING P(R3,CG)AND GENERAL COMMERCIAL USESAND THE REMAINDEROF THE SPECIAL AREA TO GENERAL COMMERCIAL (CG) SECTI ON 1: PROJECT D ESCRI PTI ON Application No: Z-2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20- 095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316- 20-105, 316-20-106, 316-20-107 SECTION 11: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Val Ico Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units to be developed pursuant to a specific plan for the Special Area; and WH EREAS, at a study session on June 18, 2019, as required by Housing Element Strategy 1 becausea specific plan has not been adopted, the City Council considered removing the Vallco Shopping District Special Area as Priority Housing Ste and replacing it with the sites shown in Housing Element "Scenario B," which involves upzoning sites within the City other than the Val lco Shopping District Special Area; and WH EREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to not pursue removing the Vallco Shopping District Special Area as Priority Housing Site and replacing it with the sites shown in Scenario B, and City Council directed staff to instead prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area consistent with Government Code Section 65863; and WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to the Council's consideration of the Master Zoning Map amendments, the Council adopted Resolution No. , approving a General Plan Amendment to remove office uses asa permitted land usewithin theVallco Shopping District Special Area and remove the associated office development allocation, and Resolution No. , approving a General Plan Amendment to establish height limitsand enact development 3 EXH I BIT A standardsfor residential useswithin theVallco Shopping District Special Area; and WHEREAS, the Ordinance amends the City's Master Zoning Map apply thenew Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) created in MCA -2019-01 to theVallco Shopping District Special Area; and WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare, and the amendments herein are necessary to implement the Housing Element of the General Plan as adopted; and WHEREAS, the City has prepared a Second Addendum ("Second Addendum") to the Final Environmental Impact Report ("Final EIR") for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for modifications to the General Plan and zoning affecting the Vallco Shopping District Special Area in compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (" CEQA") together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter," CEQA Guidelines"); and WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on July 30, 2019 to consider the Ordinance; and WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning Commission; and WHEREAS, on July 30, 2019, the Planning Commission recommended on a X -X vote that the City Council adopt the Ordinance (Z-2019-01), in substantially similar form to the Ordinance presented; and WHEREAS, on August 20, 2019and upon duenotice, the City Council has held at least two public hearings to consider the Master Zoning Map Amendment; and WHEREAS, on August 20, 2019, by Resolution No. [XXXX], the City Council adopted the Second Addendum to the Final EIR (EA -2013-03); and WH EREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WH EREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the Master Zoning Map amendments included in the Ordinance. n EXHIBIT A SECTION III N OW, TH EREFORE, BE IT ORDA I N ED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby adopts the Master Zoning Map amendments based on the findings described above, the public hearing record, subject to the conditions specified below: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council findsthefollowing asset forth by Municipal Code 19.152.020.C: 1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's Comprehensive General Plan (Community Vision 2040) and the proposed amendmentsare internally consistent with Title 19 of the Municipal Code. The Housing Element of the General Plan calls for the City to permit at least 389 dwelling units in the Vallco Shopping District Special Area. The General Plan Amendments (adopted at the City Council meeting with Resolution Nos. and ) modify the Land Use Element of the General Plan to remove office as a permitted use within the Vallco Shopping District Special Area and define development standards that will allow residential development by right on 13.1 acres at a maximum density of 35 dwelling units per acre. The proposed municipal code amendments would rezone the properties within the Vallco Shopping District Special Area for consistency with the General Plan, as amended by General Plan Amendments GPA -2019-01 and GPA -2019-02, and other relevant portions of the Municipal Code. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has prepared a Second Addendum to the Final EIR for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project that analyzes the potential environmental effects of the proposed zoning amendments. The City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the proposed zoning amendments to comply with CEQA. 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absenceof physical constraints) for the requested zoning designation(s) and anticipated land use development(s). The sites being rezoned have access to utilities and are compatible with adjoining land uses. To the extent that there are deficient utilities, the City has adopted mitigation measures to ensure 5 EXHIBIT A that any future development would need to provide the appropriate utilities to accommodate the development. The proposed zoning would implement the Housing Element and the Land Use Element of the General Plan, as amended by General Plan Amendments GPA -2019-01 and GPA - 2019 -02, which include development standards to permit at least 389 residential units and complementary commercial uses on the site, which are compatible with anticipated land use development in the area. 4. The proposed zoning will promote orderly development of the City. The sites being rezoned will promote orderly development in the City by allowing a critical mass of development to be proposed along the City's Priority Development Area (PDA) in which future development is anticipated without exceeding the vision for housing and complementary commercial development required in the Housing Element and Land Use Element of the General Plan, as amended by General Plan Amendments GPA -2019-01 and GPA -2019-02. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject p arcel s. The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare since these are conforming changes that are necessary to implement the Housing Element and Land Use Element of the City's General Plan, as amended by General Plan Amendments GPA - 2019 -01 and GPA -2019-02. Additionally, where health or safety impacts have been identified in the Final EIR, mitigation measures have been identified which would be applicable to any development on these sites. Section 3. The City Council approves amendments totheMaster Zoning Map asshown in Exhibit A. Section 4. If any portion of this Ordinance or its application isfor any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declaresthat it would haveadopted each section, sentence, clauseor phraseof this Ordinance, irrespectiveof thefact that any oneor more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 5. The City Council directsthe Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA guidelines. Section 6 This Ordinance shall not take effect unless and until General Plan Amendments GPA -2019-01 and GPA -2019-02 become effective. 0 EXH I BIT A INTRODUCED this 20th day of August, 2019, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N OES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk 7 APPROVED: Steven Scharf Mayor, City of Cupertino EXHIBIT A [Designate 13.1 acres of site as P(R3,CG) and remainder of site as CG.] 1 The zoning on assessors' parcels in the table below was amended in September 2018 (Ord. Z-2018-2178) in connection with the City's approval of the Vallco Specific Plan. The adoption of that Zoning Ordinance has been challenged and thus the validity of the zoning code amendments therein is uncertain. See, e.g., Midway Orchards v. County of Butte (1990) 220 Cal.App.3d 765. The table shows the zoning as adopted in September 2018, and the parcels' zoning as existing before that date. Zoning Prior to Zoning Proposed by APN Ord. Z-2018-2178 New Zoning g Adoption Ord. Z-2018-21781 316-20-080 P(CG) Val Ico Town Center [CG or P(R3, CG)] 316-20-081 P(CG) Val Ico Town Center [CG or P(R3, CG)] 316-20-088 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-092 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-094 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-095 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-099 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-100 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-101 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-104 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-105 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-106 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 316-20-107 P(Regional Val Ico Town Center [CG or P(R3, CG)] Shopping) 1 The zoning on assessors' parcels in the table below was amended in September 2018 (Ord. Z-2018-2178) in connection with the City's approval of the Vallco Specific Plan. The adoption of that Zoning Ordinance has been challenged and thus the validity of the zoning code amendments therein is uncertain. See, e.g., Midway Orchards v. County of Butte (1990) 220 Cal.App.3d 765. The table shows the zoning as adopted in September 2018, and the parcels' zoning as existing before that date. CHAPTER 2: PLANNING AREAS I general plan (community vision 2015 - 2040) VALLCO SHOPPING DISTRICT CONTEXT The Vallco Shopping District Special Area encompasses Cupertino's most significant commercial center, formerly known as the Vallco Fashion Park. This Special Area is located between Interstate 280 and Stevens Creek Boulevard in the eastern part of the city. The North Blaney neighborhood, an established single-family area, is adjacent on the west side of the Vallco Shopping District. Wolfe Road bisects the area in a north -south direction, and divides Vallco Shopping District into distinct subareas: Vallco Shopping District Gateway West and Vallco Shopping District Gateway East. In recent years there has been some facade improvement to the Vallco Fashion Mall; however, there has been no major reinvestment in the mall for decades. Reinvestment is needed to upgrade or replace older buildings and make other improvements so that this commercial center is more competitive and better serves the community. Currently, the major tenants of the mall include a movie theater, bowling alley and three national retailers. The Vallco Shopping District is identified as a separate Special Area given its prominence as a regional commercial destination and its importance to future planning/redevelopment efforts expected over the life of the General Plan. VISION The Vallco Shopping District will continue to function as a major regional and community destination. The City envisions this area as a new mixed-use "town center" and gateway for Cupertino. It will include an interconnected street grid network of bicycle and pedestrian -friendly streets, more pedestrian -oriented buildings with active uses lining Stevens Creek Boulevard and Wolfe Road, and publicly -accessible parks and plazas that support the pedestrian - oriented feel of the revitalized area. New development in the Vallco Shopping District should be required to provide buffers between adjacent single-family neighborhoods in the form of boundary walls, setbacks, landscaping or building transitions. VALLCO SHOPPING DISTRICT SPECIAL AREA DIAGRAM -cial/Office/ Reside ntial toute CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) POLICY LU -1.4: PARCEL ASSEMBLY POLICY LU -1.6: JOBS/HOUSING Encourage parcel assembly and BALANCE discourage parcelization to ensure Strive for a more balanced ratio of that infill development meets City jobs and housing units. standards and provides adequate buffers to neighborhoods. POLICY LU -1.5: COMMUNITY HEALTH THROUGH LAND USE Promote community health through land use and design. commercial (s7 office (s.f.) hotel (rooms) residential (units) current current current current built buildout available built buildout available built buildout available built buildout available (Oct 7,2014) (Oct 7,2014) (Oct 7,2014) (Oct 7,2014) Heart of the City 1,351,730 214,5000 793,270 2,447,500 2,464,613 17,113 404 526 122 1,336 1,805 469 Vallco Shopping 1,207,774 120,7774 - - 2,000,000 2,000,000 148 339 191 - 389 389 District** Homestead 291,408 291,408 - 69,550 69,550 - 126 126 - 600 750 150 N. DeAnza 56,708 56,708 - 2,081,021 2,081,021 - 126 126 - 49 146 97 N. Vallco 133,147 133,147 - 3,069,676 3,069,676 - 123 123 - 554 1154 600 S. De Anza 352,283 352,283 - 130,708 130,708 - 315 315 - 6 6 - Bubb - - - 444,753 444,753 - - - - - - - MontaVista 94,051 99,698 5,647 443,140 456,735 13,595 - - - 828 878 50 Village Other 144,964 144964, - 119,896 119,896 - - - - 18,039 18,166 127 Major - - - 109,935 633,053 523,118 - - - - - - Employers Citywide 3,632,065 4,430,982 798,917 8,916,179 11,470,005 2,553826, 1116 1429 313 21,412 23,294 1,882 ** Buildout totals for Office and Residential allocation within the Vallco Shopping District are contingent upon a Specific Plan being adopted for this area by May 37, 2018, if a Specific Plan is not adopted by that date, City will consider the removal of the Office and Residential allocations for Vallco Shopping District. See the Housing Element (Chapter 4) for additional information and requirements within the Vallco Shopping District. 1 1 1 1 j 1 1 1 1 1 1 1 1 1 1 • 1 SARATOGA Building Planes: • Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines except for the Crossroads Area. • For the Crossroads area, see the Crossroads Streetscape Plan. • For projects adjacent to residential areas: Heights and setbacks adjacent to residential areas will be determined during project review. • For the North and South Vallco Park areas (except for the Vallco Shopping District Special Area): Maintain the primary building bulk below a 1.5:1 (i.e., 1.5 feet of setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road curb lines and below 1:1 slope line drawn from Wolfe Road and Tantau Avenue curb line. Rooftop Mechanical Equipment: Rooftop mechanical equipment and utility structures may exceed stipulated height limitations if they are enclosed, centrally located on the roof and not visible from adjacent streets. Priority Housing Sites: Notwithstanding the heights and densities shown above, the maximum heights and densities for Priority Housing Sites identified in the adopted Housing Element shall be as reflected in the Housing Element. Special Areas Q Homestead _ North Vallco Park _ Heart of the City _ North De Anza South De Anza rmM Monta Vista Village Bubb Road Vallco Shopping District Neighborhoods Neighborhoods Hillside Transition Urban Service Area ■■■■■■■ Sphere of Influence Urban Transition City Boundary Boulevards (Arterials) Avenues (Major Collectors) Avenues (Minor Collectors) 0 Key Intersections Neighborhood Centers Homestead Special Area Maximum Residential Density Up to 35 units per acre per General Plan Land Use Map 15 units per acre (southeast corner of Homestead Road and Blaney Avenue) Maximum Height 30 feet, or 45 feet (south side between De Anza and Stelling) North Vallco Park Special Area Maximum Residential Density 25 units per acre Maximum Height 60 feet Heart of the City Special Area Maximum Residential Density 25 or 35 (So�thvauco) units per acre Maximum Height 45 feet, or 30 feet where designated by hatched line North De Anza Special Area Maximum Residential Density 25 units per acre Maximum Height 45 feet South De Anza Special Area Maximum Residential Density 25 (north of Bollinger) or 5-15 (south of as) units per acre Maximum Height 30 feet Monta Vista Village Special Area Maximum Residential Density Up to 15 units per acre per General Plan Land Use Map Maximum Height Up to 30 feet .. Road Special Area Maximum Residential Density 20 units per acre Maximum Height 45 feet Vallco Shopping District West of Wolfe Rd East of Wolfe Rd Maximum Residential Density Maximum Residential Density 35 units per acre 35 units per acre Maximum Height Maximum Height Per Specific Plan Per Specific Plan Neighborhoods Maximum Residential Density As indicated in the General Plan Land Use Map; 15 units per acre for Neighborhood Commercial Sites Maximum Height 30 feet CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) VALLCO SHOPPING DISTRICT SPECIAL AREA The City envisions a complete redevelopment of the existing Vallco Fashion Mall into a vibrant mixed-use "town center" that is a focal point for regional visitors and the community. This new Vallco Shopping District will become a destination for shopping, dining and entertainment in the Santa Clara Valley. POLICY LU -19.1: SPECIFIC PLAN Create a Vallco Shopping District Specific Plan prior to any development on the site that lays out the land uses, design standards and guidelines, and infrastructure improvements required. The Specific Plan will be based on the following strategies: STRATEGIES: LU -19.1.1: Master Developer. Redevelopment will require a master developer in order remove the obstacles to the development of a cohesive district with the highest levels of urban design. LU -19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future. LU -19.1.3: Complete Redevelopment. The "town center" plan should be based on complete redevelopment of the site in order to ensure that the site can be planned to carry out the community vision. LU -19.1.4: Land Use. The following uses are allowed on the site (see Figure LU -2 for residential densities and criteria): CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) E 3. 4. Retail: High -performing retail, restaurant and entertainment uses. Maintain a minimum of 600,000 square feet of retail that provide a good source of sales tax for the City. Entertainment uses may be included but shall consist of no more than 30 percent of retail uses. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. Residential: Allow residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and/or active seniors who like to live in an active "town center" environment. Office: Encourage high-quality office space arranged in a pedestrian -oriented street grid with active uses on the ground floor, publicly -accessible streets and plazas/green space. LU -19.1.5: "Town Center" Layout. Create streets and blocks laid out using "transect planning" (appropriate street and building types for each area), which includes a discernible center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology. LU -19.1.6: Connectivity. Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is pedestrian -oriented, connects to existing streets, and creates walkable urban blocks for buildings and open space. It should also incorporate transit facilities, provide connections to other transit nodes and coordinate with the potential expansion of Wolfe Road bridge over Interstate 280 to continue the walkable, bikeable boulevard concept along Wolfe Road. The project should also contribute towards a study and improvements to a potential Interstate 280 trail along the drainage channel south of the freeway and provide pedestrian and bicycle connections from the project sites to the trail. LU -19.1.7: Existing Streets. Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian -friendly with bike lanes, wide sidewalks, street trees, improved pedestrian intersections to accommodate the connections to Rosebowl and Main Street. 7 CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) LU -19.1.8: Open Space. Open space in the form of a central town square on the west and east sides of the district interspersed with plazas and "greens" that create community gathering spaces, locations for public art, and event space for community events. LU -19.1.9: Building Form. Buildings should have high-quality architecture, and an emphasis on aesthetics, human scale, and create a sense of place. Taller buildings should provide appropriate transitions to fit into the surrounding area. LU -19.1.10: Gateway Character. High-quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment. LU -19.1.11: Phasing Plan. A phasing plan that lays out the timing of infrastructure, open space and land use improvements that ensures that elements desired by the community are included in early phases. LU -19.1.12: Parking. Parking in surface lots shall be located to the side or rear of buildings. Underground parking beneath buildings is preferred. Above grade structures shall not be located along major street frontages. In cases, where above -grade structures are allowed along internal street frontages, they shall be lined with retail, entries and active uses on the ground floor. All parking structures should be designed to be architecturally compatible with a high- quality "town center" environment. LU -19.1.13: Trees. Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed. LU -19.1.14: Neighborhood Buffers. Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single- family residential areas from visual and noise impacts. Sher fz SUNNYVALE andai Heron Ave .k 7. ct Par �view ti .,� �• - - - -_ r-. .� .yam ., �� -,%a +,�.-�:-' P + fvlerri _ >4► �., • .:r.c. Q. ..E�. T. o. L '-O - O • .. 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AREA 295.02 -19550 VALLCO PKWY. - UNIT A RESIDENTIAL I W W 118 / / UNIT B 119 ' COMMERCIAL _ = 19540 -M-LLC-0 PKWY. 204.73 CD. 23314459 DETAIL - N.T.S. s 18 1�Qv. Z 6j! 25.0 PCL. 1 ?9S 9.24 Ac. Net •s9 N • /-•c7// / 75 ' '' /' R3Sg29e28 / ' 71 PCL. 3 / 7.955 Ac. Net '0 117 7A>"0 If -W+ W N \E- 300' -300' P.M. 438-M-13 N C.C. 6405943 60.91' p' 00 M O/ '� c 12.41 Ac. Net 25 19805 19621/23 369 STEVENS CREEK s N PCL.5 ;' ' o 130' 1.612Ac ��9� ss 22\ 38.q 204.73 -4 �� PCL. 4 s BS? 33 172 40. .9 4.6 19.5 364.03 400.22 - - - 1.522 Ac. 4s s 9 7 1s 1 r -1ssia sOs \ zo8.as s PCL. A l 115'ice PCL.A '2353 54 ^'1d 1.594 Ac. ms's 27 N p }194291191 ' COMMON AREA nl 3.02 54.80 160.23 O yam• I Stevens 17 I n 86 71 69 FOR-PCLS. 1_ 4 W I �, CITY OF L _Crk•_ �M"� _ 114 PCL. 3 LL o M A Q n, CUPERTINO ESMT. 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Effective Roll Year 2019-2020 Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR State Clearinghouse No. 2014032007 Prepared by the City of Cupertino CUPERTINO In Consultation with ©N DAVID I POWERS o©a EL:� ��©CoaNWNTAL CONSULTANTS & PLANNERS July 24, 2019 SECTION 1.0 INTRODUCTION AND PURPOSE This Addendum to the Final Environmental Impact Report ("Final EIR") for the City of Cupertino General Plan Amendment, Housing Element Update and Associated Rezoning (the "Final EIR project") (State Clearinghouse Number 2014032007) addresses proposed modifications to the General Plan land use designations in Cupertino Community Vision 2015-2040 ("General Plan") and the zoning for the Vallco Shopping District. The City of Cupertino certified the Final EIR in December 2014, adopted the General Plan in December 2014 with subsequent minor edits adopted in October 2015, and adopted the Housing Element in March 2015. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) for five Special Areas, seven Study Areas, and other Special Areas. The purpose of this Addendum is to evaluate whether the proposed modifications to the development allowed in Final EIR Study Area 6 (Vallco Shopping District), which are described in Section 3.0 Proposed Modifications to the Final EIR Project below, will require major revisions to the Final EIR due to new significant impacts or a substantial increase in the severity of significant impacts previously identified in the Final EIR. This Addendum has been prepared by the City of Cupertino as the Lead Agency, in conformance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the regulations and policies of the City of Cupertino. SECTION 2.0 STANDARD FOR PREPARATION OF AN ADDENDUM CEQA Guidelines Section 15164 states that the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162 states that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: ' "Vallco Shopping District," as used in this Addendum, refers to the Vallco Shopping District Special Area in the General Plan. 1 Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 3.0 PROPOSED MODIFICATIONS TO THE FINAL EIR PROJECT The proposed modifications to the Final EIR project are to the land uses, amount of development, and height of structures allowed in Study Area 6 (Vallco Shopping District). The Vallco Shopping District is approximately 70 acres in size, with 58 of those acres currently available for development. The Vallco Shopping District is bounded by Interstate 280 (I-280) to the north, portions of North Wolfe Road and Perimeter Road to the east, Stevens Creek Boulevard to the south, and another portion of Perimeter Road to the west. A vicinity map of the Vallco Shopping District is shown in Figure 3-1. The Final EIR analyzed amendments to the General Plan designating the land use for the Vallco Shopping District as Commercial/Office/Residential, and amendments to the Zoning Ordinance zoning the Vallco Shopping District as Planned Development, Regional Shopping, Professional Office, and Residential. The land use and zoning designations, which were analyzed in the Final EIR and approved in 2014, allow for the demolition of the existing 1,267,601 square foot mall and redevelopment of the site with up to 625,335 square feet of commercial uses, 2.0 million square feet of office uses, 339 hotel rooms, and 800 residential dwelling units. The Final EIR evaluated maximum building heights ranging from 75 to 160 feet on the site. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 Lazaneo Drive v IT Bee ace r n m Z 0 W ,v < m v D o = CD m < 0 CD LQ Wh ton rive VD' ffielod Lane Shasta Drivp. 1#O% ♦iiw##� !�►ii�l'� � i ill iii i�< ��►#ice/,►i♦i,�� 1,►i�i�i#i�/ . � iiANciiOii♦♦1 /,►iji;iii;/+1;i;i;i;i;i;� ��►#iii#i#i/� �#i#i#iii#i� '�►moi#i#ice#1�/�####�i�i#i� � 1�►*##moi#i#i�i�i#��/�i�i#iii#i*1, I►iiiiiii�► �/�*iii#i#i*iii#1� • D l� 'odriguesAven o �O J VICINITY MAP ,z FCD _ _ C CD CD 9 ® Vallco Shopping District N BGG 0 50 100 200 400 Fee} FIGURE 3-1 The City proposes modifications to the project analyzed in the Final EIR which consists of the following amendments to the General Plan: • Create two new General Plan land use designations: o Regional Shopping o Regional Shopping/Residential • Designate 13.1 acres of the Vallco Shopping District as Regional Shopping/Residential with a minimum density of 29.7 dwelling units per acre (du/ac) and a maximum density of 35 du/ac, which would allow for development of between 389 and 619 dwelling units (619 units includes a maximum 35 percent state density bonus) on-site with the option of including ground -floor commercial uses • Designate the remaining 44.9 acres of the Vallco Shopping District as Regional Commercial with a maximum building height of 60 feet • On the portion of the Vallco Shopping District designated as Regional Shopping/Residential, establish height limits of 60 feet for residential -only uses and 75 feet for residential above ground floor retail uses • Remove the 2.0 million square feet of office development allocation from the Vallco Shopping District • Establish a setback -to -height limitation for development from the shared property line between the North Blaney neighborhood and the Vallco Shopping District As part of the approval process for the proposed modifications, the City Council would determine which areas of the Vallco Shopping District would be designated as Regional Shopping/Residential and Regional Commercial land uses. The analyses in the Final EIR and this Addendum assume the mix of uses could develop anywhere within the Vallco Shopping District. The Final EIR identified General Plan policies and programmatic mitigation measures to reduce impacts from development of office, commercial, and residential land uses anywhere on the site. The refinement of the locations of the allowable uses within the Vallco Shopping District by the City Council as part of the proposed modifications, therefore, would not change the impacts disclosed in the Final EIR and this Addendum because the analyses evaluate the land uses anywhere on the site. For this reason, the decision by the City Council as to which areas within the Vallco Shopping District would be designated as Regional Shopping/Residential and which would be designated Regional Commercial has no effect on the analysis or conclusions in this Addendum. In addition, the proposed modifications to the Final EIR project include rezoning the Vallco Shopping District from Vallco Town Center to Multi -Family (R3) Residential, CG General Commercial, and Mixed-use Planned Development with Multi -Family (R3) Residential/CG General Commercial uses. The proposed modifications also include text amendments to the Zoning Ordinance to clarify the zoning regulations for the mixed use zoning designation in the Vallco Shopping District. The proposed zoning would allow mixed use residential development; however, it would disallow commercial only development on the 13.1 acre portion of the Vallco Shopping District proposed to be designated as Regional Shopping/Residential in order to satisfy the City's Housing Element obligations. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 The maximum potential development in the Vallco Shopping District under the proposed modifications to the Final EIR project is 1,207,774 square feet of commercial uses, 339 hotel rooms, and 619 residential units. Table 3-1, below, compares the development assumptions for the Vallco Shopping District under the Final EIR project and under the proposed modifications to the Final EIR project. Compared to what was analyzed for the Vallco Shopping District in the Final EIR, the proposed modifications would result in a net increase of 582,439 square feet of commercial uses, a net decrease of 2.0 million square feet of office uses, and a net decrease of 181 residential units. No change to the number of hotel rooms is proposed. No modifications to the development assumptions for the other Special Areas and Study Areas, or other aspects of the Final EIR project, are proposed. All mitigation measures adopted and incorporated into the Final EIR project would continue to apply. Table 3-1: Development Assumptions for Study Area 6, Vallco Shopping District under the Final EIR Project and Proposed Modifications to the Final EIR Project Office Square Office Commercial Hotel Residential Maximum Square Footage Square Square Rooms Units Building 1,339 Footage Footage Height in Feet A. Final EIR Project 2,000,000 625,335 339 800 75 to 160 B. Proposed Difference (B —A) Modifications to the 0 1,207,774 339 619 60 to 75 Final EIR Project Difference (B —A) -2,000,000 582,439 0 -181 Table 3-2 shows the net increase in development studied citywide in the Final EIR and assumed with the proposed modifications to the Final EIR project. The overall amount of commercial, hotel, and residential development citywide would remain the same as analyzed in the Final EIR and the overall amount of office development citywide would be reduced by 2.0 million square feet.2 Table 3-2: Development Assumptions Citywide in the Final EIR and Under the Proposed Modifications to the Final EIR Project Office Square Commercial Hotel Rooms Residential Footage Square Footage Units A. Final EIR Project 4,040,231 1,343,679 1,339 4,421 B. Proposed Modifications to the 2,040,231 1,343,679 1,339 4,421 Final EIR Project Difference (B —A) -2,000,000 0 0 0 2 Pursuant to General Plan Strategy LU -1.2.1, development allocations may be transferred among Planning Areas, provided no significant environmental impacts are identified beyond those already studied in the Final EIR. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 The Final EIR evaluated a greater amount of development at buildout of the City than was ultimately adopted by the City Council and reflected in the General Plan (see Table 3-3). Table 3-3: Buildout of City in 2040 in the Final EIR and Adopted General Plan Office Square Commercial Hotel Rooms Residential Footage Square Footage Units A. Final EIR Project 12,970,005 5,073,248 2,429 25,820 B. Adopted General 111470,005 4,430,982 1,429 23,294 Plan Per Table LU -1 Difference (A — B) 1,500,000 642,266 1,000 2,526 SECTION 4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED MODIFICATIONS TO THE FINAL EIR PROJECT The following discusses the potential effects on the physical environment from implementing the proposed modifications to the Final EIR project. This analysis has been prepared to determine whether any of the conditions in State CEQA Guidelines Section 15162 (described in Section 2.0 Standards for Preparation of an Addendum, above) would occur as a result of the proposed modifications to the Final EIR project regarding the Vallco Shopping District. 4.1 SAME IMPACTS Like the Final EIR project, the proposed modifications to the Final EIR project would have no impacts to agriculture, forestry, or mineral resources, because those resources are not found within the City of Cupertino. The proposed modifications to the Final EIR project, therefore, would not result in any new or substantially more severe significant impacts to agriculture, forestry, or mineral resources than were analyzed and disclosed in the Final EIR. The proposed modifications to the Final EIR project would remove the ability to develop 2.0 million square feet of office uses in the Vallco Shopping District and remove that development capacity citywide. The proposed modifications would require amendments to General Plan maps and text to reflect this change. Eliminating the ability to develop office uses in the Vallco Shopping District would not cause a new significant impact or a substantial increase in the severity of the impacts analyzed and disclosed in the Final EIR. For this reason, the proposed modifications to the Final EIR project would result in the same land use impacts as disclosed in the Final EIR, and would not result in any new or substantially more severe significant land use impacts than were analyzed and disclosed in the Final EIR. The physical condition and characteristics of the Vallco Shopping District have not substantially changed since the certification of the Final EIR, though some mall structures have been demolished. The urban nature, trees, Vallco freeway -oriented sign (a Landmark Sign in the City's Municipal Code), soil characteristics, seismic potential, and drainage on-site are in the same or similar condition as they were in 2014. The proposed modifications to the Final EIR project would take place over the same area and result in the same area of ground disturbance as analyzed in the Final EIR. For this Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 reason, the implementation of the proposed modifications would have the same impacts to biological resources, cultural resources, geology and soils, hazards and hazardous materials, and hydrology and water quality as disclosed in the Final EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. While the number of residential units assumed to be built at the Vallco Shopping District would be reduced by 181 units under the proposed modifications compared to the project analyzed in the Final EIR, those 181 units would be available to be developed elsewhere in the City. For this reason, the proposed modifications to the Final EIR project would have the same population and housing impacts as disclosed in the Final EIR, EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. 4.2 LESSER IMPACTS The proposed modifications to the Final EIR project would allow for less development overall and lower maximum building heights in the Vallco Shopping District (see Table 3-1). As shown in Table 3-1, above, compared to the development analyzed for the Vallco Shopping District site in the Final EIR, the proposed modifications would replace 2.0 million square feet of office space and 181 residential units with 582,439 square feet of commercial uses.3 As shown in Table 4-1, the trip generation from 582,439 square feet of commercial uses would have fewer daily and peak hour trips than the 2.0 million square feet of office uses and 181 residential units that it replaces. For this reason, the proposed modifications to the Final EIR project would not result in new or substantially more severe significant traffic impacts than were analyzed and disclosed in the Final EIR. Table 4-1: Change in Trip Generation Between the Net Land Use Changes Proposed at the Vallco Shopping District Land Use Allocation Daily Trips AM Peak Hour PM Peak Hour Proposed Net Increase In Land Use: • Commercial 582,439 square feet 19,736 439 1,987 Proposed Net Decrease in Land Use: • Office 2,000,000 square feet -24,700 -2,580 -2,400 • Multifamily Housing 181 units -985 -66 -80 Change in Trips -5,949 -2,207 -493 Source for trip generation rates: Fehr & Peers. Vallco Special Area Specific Plan Final Draft Transportation Impact Analysis. Table 11. May 2018. Page 71. 3 Pursuant to General Plan Strategy LU -1.2.1, development allocations may be transferred among Planning Areas, provided no significant environmental impacts are identified beyond those already studied in the General Plan EIR. The allocation for the additional 582,439 square feet of commercial uses at the Vallco Shopping District would need to come from other Planning Areas in the City. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 Citywide, the proposed modifications to the Final EIR project would result in 2.0 million fewer square feet of office development compared to what was evaluated in the Final EIR. Less development would result in lower density, less pollutant emissions, less noise and vibration, less traffic, and less energy and utility demand compared to the project analyzed in the Final EIR. Even with the removal of the 2.0 million square feet of office development allocation for the Vallco Shopping District, the remaining amount of development studied in the Final EIR citywide (over 2.0 million square feet of office uses, over 1.3 million square feet of commercial uses, 1,339 hotel rooms, and 4,421 residential units) would result in similar but lesser impacts to aesthetics, air quality, energy, greenhouse gas emissions, noise and vibration, public services, recreation, transportation, and utilities and service systems than were analyzed and disclosed in the Final EIR because the remaining amount of development is still substantial. The Final EIR evaluated alternatives to the Final EIR project that included reduced amounts of development,4 and concluded that these alternatives would result in essentially the same impacts as the Final EIR projects Therefore, the proposed modification to the Final EIR project would not result in any new or substantially more severe significant aesthetics, air quality, energy, greenhouse gas emissions, noise and vibration, public services, recreation, transportation, and utilities and service systems impacts than were analyzed and disclosed in the Final EIR. Table 4-2 summarizes the impacts of the proposed modifications to the Final EIR compared to Final EIR project. 4 The below table summarizes the citywide development amounts studied as the Final EIR project and alternatives analyzed in the Final EIR. Sum ary of Citywide Develo ment Studied in the Final EIR Final EIR Project No Project Land Use Alternative A Land Use Alternative B Office Square Footage 4,040,231 540,231 1,040,231 2,540,231 Commercial Square Footage 1,343,679 701,413 701,413 1,343,679 Hotel Rooms 1,339 339 600 839 Residential Units 4,421 1 1,895 1 1,895 3,316 Source: City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 2-5. 5 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 5-5. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 Table 4-2: Comparison of Impacts of the Final EIR Project and Proposed Modifications to the Final EIR Project Compared to Impacts Disclosed in the Final EIR, the Impacts of the Proposed Modifications to the Final EIR Project would be: Same Lesser New Significant or More Substantial Aesthetics X Agricultural and Forestry Resources X Air Quality X Biological Resources X Cultural Resources X Geology, Soils, and Seismicity X Greenhouse Gas Emissions X Hazards and Hazardous Materials X Hydrology and Water Quality X Land Use and Planning X Mineral Resources X Noise and Vibration X Population and Housing X Public Services and Recreation X Transportation and Traffic X Utilities and Service Systems X Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 SECTION 5.0 COMPARISON TO THE CONDITIONS LISTED IN CEQA GUIDELINES SECTION 15162 5.1 SUBSTANTIAL CHANGES TO THE PROJECT As described above in Section 4.0 Environmental Impacts of the Proposed Modifications to the Final EIR Project, the proposed modifications would not result in new significant environmental effects beyond those identified in the Final EIR, would not substantially increase the severity of significant environmental effects identified in the Final EIR, and thus would not require major revisions to the Final EIR. The proposed modifications, therefore, are not substantial changes to the project that require major revisions to the Final EIR. 5.2 SUBSTANTIAL CHANGES IN CIRCUMSTANCES The physical conditions at the Vallco Shopping District site have not changed substantially since the certification of the Final EIR, although some mall structures have been demolished as part of the approved Senate Bill 35 (SB 35) project.' As described above in Section 4.1 Same Impacts, the physical conditions on the site are in the same or similar condition as they were in 2014 and as analyzed in the Final EIR. For this reason, the demolition of the structures would not result in a new significant environmental effect or a substantial increase in the severity of environmental effects identified in the Final EIR, and, thus, would not require major revisions to the Final EIR. The regulatory framework has changed since the certification of the Final EIR to include the adoption of SB 743', 2017 Clean Air Plan, and 2017 Bay Area Air Quality Management District CEQA Guidelines, as well as the City's General Plan and Transportation Impact Fee. These updates to the regulatory framework do not change the impacts of the Final EIR project or proposed modifications to the Final EIR project. These updates to the regulatory framework applicable to future development would not result in new significant environmental effects or a substantial increase in the severity of environmental effects identified in the Final EIR and, thus, would not require major revisions to the Final EIR. 6 SB 35 applies to cities and counties that have not made sufficient progress toward meeting their affordable housing goals for above -moderate and lower income levels as mandated by the State. SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects by using a ministerial approval process, thereby exempting such projects from environmental review under CEQA. The SB 35 project that was approved for the Vallco Shopping District in September 2018 includes 1,810,000 square feet of office uses, 400,000 square feet of commercial uses, and 2,402 housing units. 7 SB 743 establishes criteria for determining the significance of transportation impacts using a vehicle miles traveled metric, and other changes to CEQA regarding aesthetic impacts for transit -oriented development and parking. 10 Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 5.3 NEW INFORMATION No new information of substantial importance, which was not known and could not have been known when the Final EIR was certified, has been identified which shows that the proposed modifications to the Final EIR project would be expected to result in: 1) new significant environmental effects not identified in the Final EIR; 2) substantially more severe environmental effects than shown in the Final EIR; 3) mitigation measures or alternatives previously determined to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project sponsor declines to adopt the mitigation or alternative; or 4) mitigation measures or alternatives which are considerably different from those identified in the Final EIR would substantially reduce one or more significant effects of the project but the project sponsor declines to adopt the mitigation measure or alternative. In addition, as discussed in Section 3.0 Environmental Impacts of the Proposed Modifications to the Final EIR Project, the proposed modifications would result in the same or lesser impacts than were analyzed and disclosed in the Final EIR. For this reason, the proposed modifications to the Final EIR project would not require new mitigation measures because no new or substantially more severe significant environmental effects are expected beyond those identified in the Final EIR would occur. SECTION 6.0 CONCLUSION For the reasons stated above, and based on the analysis in the Final EIR and the existing conditions of the Vallco Shopping District site, the City has concluded that the proposed modifications would not result in any new impacts not previously identified in the Final EIR; nor would it result in a substantial increase in the severity of any significant environmental impact previously identified in the EIR. For these reasons, a subsequent EIR is not required and an addendum to the Final EIR is the appropriate CEQA document to address the proposed modifications to the Final EIR project. M Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019