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CC 08-06-19 Late Written CommunicationsCC 08-06-19 #1 Youth Climate Action Late Written Communications Cyrah Caburian From: Sent: To: Cc: Subject: Attachments: Hello Ms Feng, Dashiell Leeds <dashiell.leed s@s ierraclub .org> Tuesday, August 06, 2019 5:42 PM Cupertino City Manager's Office City Clerk; James Eggers; Gladwyn D'Souza ; Katja Irvin; Barbara Kelsey Public comment for 8.6 Cupertino City Council Meeting 8.6.19 SCLP Cupertino Comment Letter.pdf Please accept the attached letter addressed to Cupertino City Council regarding Cupe1iino's potential for building electrification. My name is Dashiell Leeds, and I am a conservation assistant for the Siena Club Loma Prieta Chapter. I will be delivering a public comment based on this letter during Oral Communications at tonight's City Council meeting . Respectfully Submitted, Dashiell Leeds Sie1rn Club, Loma Piieta Chapter 1 August 6th , 2019 Cupertino City Council City of Cupertino 10350 Torre Avenue Cupertino , CA 95014 Dear Mayor Scharf and Cupertino City Councilmembers : Thank you for giving us the opportun ity to speak today. We hope that you will consider the following proposals: 1. Add a natural gas .phase-out ordinance to the FY 2019-2020 Work Plan It's time to phase out natural gas: we ask that Cupertino create an ordinance prohibiting natural gas infrastructure in new buildings. Please add this ordinance to the FY 2019-2020 Work Plan. A gas phase out is the most direct, straightforward way to ensure that new buildings are all-electric. Berkeley unanimously passed such a law in July. Berkeley's ordinance is a piece of model legislation that cities throughout California and throughout the county should emulate . This is an opportunity for Cupertino to become a climate leader and for this City Council to leave behind a positive legacy for generations to come. We are l iving in a climate crisis. July was Earth's hottest month on record . 2018 was the largest and deadliest fire season ever recorded in California. Conditions will continue to worsen unless we take immediate action to reduce greenhouse gas emissions . Building electrification is both achievable and necessary in the fight against climate change : All-electric buildings improve public health and safety, reduce greenhouse gas emissions, and reduce construction costs. Much like buildings themselves, build ing decarbonization will require solid foundations. Let's start off by making sure that we don't make our problems more difficult to solve . Natural gas infrastructure is harmful to public health , is more expensive to build and operate, and will shoulder residents with increasing maintenance costs . It saddles future generations the negative local health impacts of indoor gas emissions, as well as with the larger scale consequences of escalating climate change. Any new natural gas infrastructure that we build will be a liability that absolutely must be dealt with in the middle-term future. Let's act now to ensure that new construction is all-electric. 2. Support electrification through an aggressive reach code Silicon Valley Clean Energy and Peninsula Clean Energy have already joined together to provide technical assistance to cities bringing new reach codes forward . We are supportive of Cupertino's reach code effort. Before Cupertino adopts a gas phase-out, strong reach codes provide important opportunities to electrify buildings by encouraging all-electric construction. To encourage all-electric construction, and to meet Cupertino's climate goals, the following provisions should be included in Cupertino's reach code: 1. Create a policy that prioritizes permits for all-electric buildings (bump these permits ahead of gas buildings in the queue) 2. Allow multi -family buildings within ¼ mile of transit (defined as frequent bus service or a light rail station, in a Planned Development Area , with a Transportation Demand Management Plan) to have lower parking requirements thus reducing the cost of EV infrastructure . 3. Require all new construction to be "electrification-ready" 4. Require all new construct ion to be "solar-ready" 5. Require all new construction to be "microgrid-ready" 6 . Do not add any new efficiency requirements for all -electric buildings 7. Use the compliance margins from the SVCE/PCE model code (25% low-rise/residential, 7% High Rise/Multi Family/Hotel/Motel , 14% office/retail) Thank you for your consideration. We hope that Cupertino establishes strong electrification building codes to improve the health of its residents and to demonstrate its commitment to solving the crisis of climate change. Sincerely, Dashiell Leeds, Conservation Assistant, Sierra Club Loma Prieta Chapter Nicole Kemeny, President, 350 Silicon Valley Hoi Poon, Environmental Committee Co-Chair, Silicon Valley Democratic Club Tara Sreekrishnan , Co-Founder, Silicon Valley Youth Climate Action CC 08-06-19 Study Session #4 SB 35 Application Process Late Written Communications Cyrah Caburian From: Sent: To: Subject: Attachments: Dear City Council, Kitty Moore <ckittymoore@gmail.com > Tuesday, August 06, 2019 6:24 PM Steven Scharf; Liang Chao; Rod Sinks; Darcy Paul; Jon Robert Willey Fwd : Proposed Edits to SB 35 Checklist Agenda Item 4, Aug 6, 2019 Kitty Moore Adds Comments in RED RE SB35 Checklist.pdf Attached please find edits in RED to the Written Communications provided by the City of Cupertino for Agenda Item 4. Sincerely, Kitty Moore Representing myself only CITY OF CUPERTINO Subject COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG SUPPLEMENT AL CITY COUNCIL STAFF REPORT Meeting: August 6, 2019 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) Recommended Action That the City Council conduct the sh1dy session, receive these reports and provide direction regarding the proposed Application and Review Procedures (Attachment A) and draft Application Package (Attachment B) for Projects Proposed Pursuant to Senate Bill 35. Discussion This Supplemental Staff Report is posted in addition to the staff report made available on July 31 to reflect subsequent amendments to SB 35. The following attachments are also updated: the Draft Resolution Adopting the Process for Applying and Receiving Ministerial Approval Under Senate Bill 35 and the Draft SB 35 Application Package. And a new attachment, Excerpts of AB 101 re SB 35, is added. On July 31, the Governor signed AB 101 (Housing development and financing), a budget trailer bill that amended, among other laws, Government Code section 65913.4 (SB 35). AB 101 amended only two subdivisions of Government Code section 65913.4, but both changes are relevant to the Process and Application Package. AB 101 modified the objective planning standards a proposed development must meet in order to be eligible for the SB 35 streamlined, ministerial approval process. First, AB 101 amended the subdivision providing that an eligible mixed-use project must designate at least two-thirds of the square footage of the development for residential use, Gov. Code § 65913.4(a)(2)(C), by adding the following underlined sentence: "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 nomesidential uses, with at least two-thirds of the square footage of the development designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation." This change to how minimum residential square footage is calculated contradicts the guidance adopted by the Department of Housing and Commw1ity Development in November of 2018, which explicitly excluded additional density, floor area, or units granted under the Density Bonus Law from the two-thirds calculation. Guidelines§ 400(b)(1). Second, AB 101 amended the subdivision relating to hazardous waste sites by adding the following underlined text. A project located on a hazardous waste site may still be eligible for SB 35 streamlining if "the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses." Gov. Code§ 65913.4(a)(6)(E). Because of these stah1tory amendments, both the Draft Resolution's Eligibility Checklist and the Draft Application Package have been updated to reflect the current law. Updates are shown in track changes in Attachments A and B. Prepared by: Caitlin Brown, City Attorney's Office Reviewed by: Benjamin Fu, Director of Community Development Heather Minner, City Attorney Approved by: Deborah Feng, City Manager Attachments: A Updated Draft Resolution Adopting the Process for Applying and Receiving Ministerial Approval Under Senate Bill 35 with redlines B. Updated Draft SB 35 Application Package with redlines C. Excerpts of AB 101 re SB 35 RESOLUTION NO. --- A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING THE PROCESS FOR APPL YING FOR AND RECEIVING MINISTERIAL APPROVAL UNDER SENATE BILL 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 November 29, 2018. WHEREAS, these Guidelines direct local jurisdictions to provide information about their process for 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. Government Code section 65913 .4 has been twice amended, most recently on July 31, 2019, and the City's process reflects these amendments. The California Department of Housing and Community Development (HCD) determined that Cupertino is subject to SB 35.1 The HCD issued guidelines for implementing SB 35, Streamlin ed Ministe rial Appro val 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). 1 As of Januar y 31, 2018, HCD d e te rmine d that Cupertino is subject to SB 35 streamlining for eligible proj e cts . Cupertino remaine d subj ect to SB 35 streamlining under HCD' s Dec ember 2018 Statewid e Dete rmination Summary . 1 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)(l). Instead, the City is required to process applications within the timeframes specified in Government Code section 65913.4, applying only those objective standards contained the City's General Plan, mmucipal code, and other adopted land use plans in effect at the time the 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 establishes the City of Cupertino's SB 35 application and review processes. It is not intended to supersede or waive any req11irements 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, as described 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 Commtmity 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 materials to process the project application, based on the rates set in the adopted Fee Schedule. 2 The City shall post all application materials on the City's webpage within two business days after the application has been 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. 2 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)(l). All of the information in the SB 35 Application Checklist is necessary to determine whether the development is consistent, compliant, or in conformity with the objective planning standards. If the application is incomplete, staff will deny the project, tmless doing so would be an invalid basis to deny the project tmder 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 tmder these procedures and the timeframes for 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 for a project with 150 or fewer tmits, and within 90 . days for a project more than 150 units, the City will determine whether the project conflicts with any of the required 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 Cotmcil shall hold a joint oversight meeting to assess the proposed project's compliance with required objective planning standards. If the project includes an application for a tentative or parcel map, this application 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). 3 The Oversight Meeting shall be a noticed, open, and public meeting in compliance with the Ralph M. Brown Act. The applicant and members of the public shall have an opportunity to speak as they would at other Planning Commission and City Council meetings. In addition, the noticing requirements of Mtmicipal Code section 19.12.ll0A for Development Permits shall apply to the Oversight and Consistency Review Meeting. (d) City Manager action following Oversight and Consistency Review Meeting. Following the Cotmcil and Planning Commission's Oversight and Consistency Review Meeting and before the expiration of the tirneframe for a consistency determination, the City Manager will send the applicant either (1) a letter documenting which standard or standards the development conflicts with and an explanation for the reason or reasons the development conflicts with 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 the development is consistent with those standards. 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 Manager will prepare final approval documents and standard conditions of approval. See Guidelines§ 301(a)(5). Within 90 days from the initial project application's submittal for a project with 150 or fewer tmits, and within 180 days for a project with more than 150 units, the City Manager will provide the project applicant with the final approval documents and standard conditions of 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 the application for streamlined processing under SB 35 . The City will not continue to process the application while allowing the applicant to correct any deficiencies. The denial of an application for streamlined processing does not preclude the applicant from correcting any deficiencies and resubmitting a new application for streamlined review or for review under standard City procedures. If the applicant submits a 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 changes to the Cupertino Mtmicipal Code or to state law. Staff shall not weaken or remove any requirements unless required to do so by changes in the law. SECTION 9. Appeal Procedure. CEQA Guidelines 14 CCR§ 15061 4 § 15061. Review for Exemption. (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. (b) A project is exempt from CEQA if: (1) The project is exempt by stah1te (see, e.g. Article 18, commencing with Section 15260). (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2. (3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (4) The project will be rejected or disapproved by a public agency . (See Section 15270(b)). (5) The project is exempt pursuant to the provisions of Article 12.5 of this Chapter. ( c) Each public agency should include in its implementing procedures a listing of the projects often handled by the agency that the agency has determined to be exempt. This listing should be used in preliminary review. (d) After determining that a project is exempt, the agency may prepare a notice of exemption as provided in Section 15062. Although the notice may be kept with the project application at this time, the notice shall not be filed with the Office of Planning and Research or the county cle~k until the project has been approved. (e) When a non-elected official or decision making body o f a local lead agency decides that a project is exempt from CEQA, and the public agency approves or determines to carry out the project, the decision that the project is exempt may be appealed to the local lead agency 's elected decisio.n making body, if one exists. A local lead agency may establish procedures governing such appeals. The Appeal procedure shall be established as follows: 1. Time limit is established by § 15062 ( d) "The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 day stah1te of limitations will apply." 2. How is the public to be noticed? 3 . How is an appeal to the elected decision making body made? 4. What is the difference between the appeal mentioned in §15061(e) and the legal challenge mentioned in§ 15062 (d)? 5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _day of __ _, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: Steven Scharf, Mayor Date City of Cupertino ATTEST : Grace Schmidt, City Clerk Date 6 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)(l). 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 lartd 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 the project is mixed-use, at least two-thirds of the proposed development's square footage must be designated for residential use. Guidelines § 400(b ). i. The two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities to gross development building square footage for an unrelated use, such as commercial or office uses. Struchues 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 andany and all common area spaces that are included within the physical botmdaries of the housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhouse space, meeting rooms, latmdry facilities, and parking areas that are exclusively available to residential users, except any portions of the overall development that are specifically commercial space. Guidelines§ 102(u). iii. Additional density, floor area, er and units, and any other concession, incentive, or waiver of development standards granted pursuant to Density Bonus Law are C)Ecluded included :a:em in the square footage -thls calculation. Guidelines § 400(b)Gov. Code§ 65913.4(a)(2)(C). 1 (c) If the development project qualifies for a density bonus under Government Code section 65915, the applicant must submit detailed plans clearly showing location and the square footage of: 1. Affordable units that qualify the project for a density bonus, and -i-:ii.___Additional density, floor area, or units granted pursuant to Density Bonus law7 11. The related facilities or proportion of related facilities that serve the Density Bonus lav,r additions. (d) 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. Plans for a "pre density bom1s project" 'Nill not be ased to calculate the two thirds requirement. The applicant must alse comply with all objective standards relating to density bonus applications found in CMC section Chapter 19.56~. Guidelines§ 300(b)(5). fet(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 the commercial 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 Mitigation Fee or that 15% of the base number of units (total units minus any density bonus units) in a project be reserved as follows: 1. For developments that offer rental housing: very low-income and low-income households at a 60:40 ratio . 2 When jurisdictions have insufficient progress toward their Lower income RHN A (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 .gov/communitv-development/housing- element/docs/SB35 StatewideDeterminationSummary.pdf. 2 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 wants to take credit for both SB 35 units and the BMR 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. m. TI1e objective standards in Cupertino's inclusionary zoning ordinance shall apply to the BMR Program subset of the w1its of the project's affordable units. 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 . Who added this more lenient section? (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 persons and families of lower-income ( or very low income, as applicable) for no less than the following periods of time, as applicable: 1. For the units subject to Cupertino's inclusionary zoning ordinance: • 99 years or • 55 years (if a project financed with low-income housing tax credits (LIHTC)) ii . For the tmits subject to SB 35 affordability requirements in excess of Cupertino's inclusionary zoning ordinance: • 55 years for rental tmits • 45 years for 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 site must adjoin parcels that are developed with urban uses . Guidelines§§ 102(j), 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 § 102(j). 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 ST AND ARDS. The project must meet all objective general plan, zoning, design review, and other objective land use standards in effect at the time the application is submitted. Gov. Code§ 65913.4(a)(5). 3 (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 reqi1ire no personal or subjective judgment and must be verifiable by reference to an external and uniform source available prior to submittal. Guidelines § 102(p ). Sources of objective standards include, without limitation: i. General Plan. ii. Municipal Code, including, without limitation, the Zoning, Subdivisions, and Building Codes · ill. Heart of the City Specific Plan iv. Monta Vista Design Guidelines v. North De Anza Conceptual Zoning Plan vi. South De Anza Conceptual Plan vii. Saratoga-Sunnyvale Conceptual Plan v111. BMR Housing Mitigation Procedural Manual ix. Pending Vallco Specific Plan required per Cupertino General Plan Vision 2040 6. PARKING. The project must provide at least one parking space per unit; however, no parking is required if the project meets any of the following criteria. Guidelines§ 300( d): (a) The project is located within one-half mile of public transit. (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 the project. (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 Mtmicipal 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 (see Guidelines§ 401(b)): This has been editorialized, changing the meaning, and needs correcting . (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: 4 (a) 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 Cupertino's voters .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 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 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 State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed-use. The editorialized opening statement made it appear as though the site had to be outside of either a site listed pursuant to Section 65962 .5 OR a hazardous waste site designated ... That is not what Guidelines Section 401(b) states. (e) 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. (f) 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. 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 5 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 3 As of July 1, 2019, no properties in Cupertino fall within this category. Prior to submitting an application for streamlined r eview, applicants should confirm with the Planning Division if the listed exclusion is applicable. 6 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. (h) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Commtmity 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. (i) Habitat for protected species identified as candidate, sensitive, or species of special stah1s 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). G) Lands tmder conservation easement. (k) A site that would require demolition of housing that is: 1. Subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very-low income households. ii. Subject to rent control. ill. Or has been occupied by tenants within 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 tmits that are occupied by tenants, and tmits 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 site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.4 (o) A site that would require demolition of an historic struchire that is on a local, state, or federal register. 8. SUBDIVISIONS. The project does not involve an application to create separately transferable parcels tmder the Subdivision Map Act. Guidelines§ 401(d). However, a subdivision is permitted if the development is consistent with all objective subdivision s tandards in the subdivision ordinance, and either of the following apply (Guidelines § 401(d)): 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 lis ted exclusion is applicable . .'.c 7 (a) The project is financed with low-income housing tax credits (LIHTC) and satisfies the 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 9 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) The entirety of the project is a public work as defined in Government Code section 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 the general prevailing rate of per diem wages for the type of work and geographic area. (c) The project includes 10 or fewer units AND is not a public work AND does not require subdivision. 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. 8 CITYQF COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG CUPERTINO 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: I Applicant's Contact Infor1;11-ation: Property Owner's Contact Information: Name: Name: Address: Address: City, State: ZIP: City, State: ZIP: Email: Email: Phone: Phone: Project Site I Address(es): Assessor's Parcel Number(s): General Plan and Zoning Designations: Proposed Unit Count: Proposed Non-Residential Square Footage: Proposed Residential Square Footage Proposed Residential Square without Density Bonus: Footage with Density Bonus (if Number of Residential Units applicable): Avg. Unit Size Density Bonus Increase Page 1 of 17 I I DB Increase in Percentage DB Increase = DB Increase in Percentage x Number of Proposed Project Units DB SF increase = Average tmit Size of Proposed Project x DB Increase Page 2 of 17 ,, Ji' YES NO NIA 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 gross square footage (including additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to Density Bonus Law) must be designated for residential use. If a subdivision is included, the development must qualify for exception to subdivision exclusion. 2. Number of Parking Spaces Proposed: - a. Is the site within one-half mile of public transit? b. Is the site within an architechirally and historically significant historic district? c. Are on-street parking permits required but not offered to the occupants of the project? d. Is the site within one block of a car 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 a public work? b. Has the applicant certified compliance with 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. Is the development consistent with all objective standards in the subdivision ordinance? b . Is the project financed with low-income housing tax credits? c. Has the applicant certified compliance with prevailing wage requirements? Page 2 of 18 ----,., NO YES N/A d . Has the applicant certified compliance with skilled and trained workforce requirements? 8. Wou_ld 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 or designated, has the applicant provided evidence that the site has received the required clearance from the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control for development as a residential use or residential mixed- use? Are there hazardous materials still present on the site? Does the site require mitigation? Why was this item added BEFORE the AB 101 approval changing the wording of SB 35? Page 3 of 18 14. Is the project site within a delineated earthquake fault zone? a. Does the development comply with applicable seismic protection building code standards? Page 4 of 18 .. r YES NO NIA 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? 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 ---------------------------------- Pro Owner Si ature(s) Owner's Name Date FOR STAFF USE ONLY: ! . Application accepted on ________ by ___________ _ Application Type: _____________ _ Page 5 of 18 CITY OF 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 !, _________________ ~ 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 tmder Government Code section65913.4(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). (f) The property owner certifies that the project site has not contained any housing occupied by tenants within 10 years prior to the date written above. (g) The property owner certifies the H az ardou s Waste Statemen t per Ca Gov Co d e Section 65 962 .5(£): (f) Before a lead agency accepts as complete an application fo r any deve lopment project which will be used by any person, the applicant sha ll consult the lists sent to the appropriate city or county and shal l submit a s igned statement to the local agency indicating whether the project and any alternatives are located on a s ite that is included on any of the lists compiled pursuant to this section and shall specify any list. If the site is included on a list, and the list is not spec ified on the statement, the lead agency shall notify the applicant pursuant to Section 65943 . The statement shall read as follows : HAZARDOUS WASTE AND SUBSTANCES STATEMENT Page 5 of 17 The development project and any alternatives proposed in this appli cation are contained onthe l ists compiled pursuant to Section 65962.5 of the Government Code . Accordingly, the project applicant is required to submit a signed sta t ement that contains the following information: Name of applicant: Address: Phone number: Address of site (street name and number if available, and ZIP Code): Local agency (city/county): Assessor's book, page, and parcel number : Specify any list pursuant to Section 65962.5 of the Government Code: Regulatory identification number: Date of list: __ Applicant, Date __ 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 Date Signature Name (Print), Title Page 6 of 17 GOVERNMENT CODE -GOV TITLE 7. PLANNING AND LAND USE [65000 -66499 .58] ( Hea d ing of Titl e 7 amended by Stats. 1 974, Ch. 1536.) DIVISION 1. PLANNING AND ZONING [65000 -66 21 0] ( He ading of Divi s ion 1 adde d by Stats. 1974, Ch. 1536. J CHAP TE R 4.5. Re view and Approva l of De velop m ent Projects [659 20 -6 596 4.1] ( Chapter 4.5 added by Stats. 1 977, Ch. 12 00.) ARTICLE 6. Develop men t Per mi ts for Cl asses of Proj ects [65960 -65964 .1] ( Article 6 adde d by Stats. 1978, Ch. 1271 .) 65962 .5 . (a) The Department of Toxic Substances Control shall compile and update as appropriate, but at least annua ll y, and shall submit to the Secretary for Environmental Protection, a l ist of all of the following: (1) All hazardous waste facilit i es subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code. (2) All land designated as hazardous waste property or border zone property pursuant to former Article -11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Hea lth and Safety Code. (3) A ll information rece ived by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposa ls on public land. ( 4) All sites listed pursuant to Section 25356 o_f the Health and Safety Code. (b) The State Department of Health Services shall compile and update as appropriate , but at l east annua l ly, and shal l submit to the Secretary for Environmental Protection, a l ist of a l l public drinking water wells that contain detectab le levels of organic contamina nts and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code . (c) The State Water Resources Contro l Board shall compile and update as appropriate, but at least annual ly, and shall submit to the Secretary for Environmenta l Protection, a list of a l l of the fol lowing: (1) All underground storage tanks for which an unauthorized release report is filed pursuant to Section 25295 of the Hea lth and Safety Code. (2) A l l solid waste disposal facilities from which there is a migration of ha z ardous waste and for which a Ca l ifornia regional water qua l ity control board has notified the Department of Toxic Substances Control pursuant to subdivision (e) of Section 13273 of the Water Code . (3) All cease and desist orders issued after January 1, 1986, pursuant to Section 13301 of the Water Code, and all cleanup or abatement orders issued after January 1, 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes that are hazardous materials . (d) The local enforcement agency, as designated pursuant to Section 18051 of Tit le 14 of t h e Ca l ifornia Code of Regu l ations, shall compi le as appropriate, but at least annua l ly, and sha ll submit to the Department of Resources Recycling and Recovery, a list of all so li d Page 7 of 17 waste dispo sal fa c ilities from which there i s a known migration of ha zardous waste. The Departm e nt of Resources Recycling and Recovery shall compil e the local lists into a statewide list, which shall be submitted to the Secretary for Environm e nt al Protection and shall b e available to any person who requests the information. ( e) The Secretary for Environmental Protection shall consolidate the information submitted pursuant to this se ction and distribute it in a timely fashion to each city and county in which sites on the lists are located. Th e secreta r y shall distribute the information to any other person upon request. The secretary may charge a reasonable fee to persons requesting the information, oth e r than cities, counties, or cities and counties, to cove r the cost of developing, maintaining, and reproducing and distributing the information. (f) Before a lead agency accepts as complete an application for any development proj ect which will be used by any person, the applicant shall consult the lists sent to the appropriate city or county and shall submit a signed statement to the local agency indicating whether the project and any alternatives are located on a site that is included on any of the lists compiled pursuant to this section and shall specify any list. If the site is included on a list, and the list is not specified on the statement, the lead agency shall notify the applicant pursuant to Section 65943. The statement shall read as follows : HAZARDOUS WASTE AND SUBSTANCES STATEMENT The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the Government Code. Accordingly, the project applicant is required to submit a signed statement that contains the following information: Name of applicant: Address: Phone number: Address of site (street name and number if available, and ZIP Code): Local agency (city/county): Assessor's book, page, and parcel number: Specify any list pursuant to Section 65962.5 of the Government Code: Regulatory identification number: Date of list: __ Applicant, Date __ (g) Th e changes made to this section by the act amending this section, that takes effect January 1, 1992, apply only to projects for which applications have not been deemed complete on or before January 1, 1992, pursuant to Section 65943. (A m ended by Stats. 2 01 2, Ch. 39, Sec. 26. (SB 1018) Effec tive Jun e 27, 2 01 2 .) Page 8 of 17 I : : I ' ' j I ; I I j I : I ! I ! I ' CITY OF 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 SB 35. Please review this checklist 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 FE~. (See the 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. D 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/dishlrbed and provide a statement of specific reasons for the proposed removal. Provide three copies. Page 9 of 17 D 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. Is this the Phase 1 Environmental Site Assessment? If a Phase 2 Environmental Site Assessment is performed, that is an indication of Recognized Environmental Concerns. Why is this requirement stricter than for the Vallco Specific Plan EIR? That site had a Phase I ESA with RECs and yet NO Phase 2 ESA was conducted under the Lead Agency's control. The Phase 1 ESA would need to be under the control of the city, how is this going to happen? D PROJECT DESCRIPTION. A narrative project description that summarizes the proposed project and its purpose must be provided. Please include a discussion of the project site context, including what existing uses, if any, adjoin the project site and whether the location is eligible for Streamlined Housing Development processing. D AFFORDABLE HOUSING PLAN. Provide an Affordable Housing Plan describing how a development project will comply with the City's Below Market Rate (BMR) Program requirements set forth in the BMR Housing Mitigation Program Procedural Manual. Note that the BMR Manual, CCC Resolution 15- 037, requires 60 % of residential rental units be affordable to ve1y low income residents and 40 % be affordable to low income residents . The General Plan has a separate requirement that 15% of the tmits be affordable on p. HE-25. D STATEMENT OF CONSISTENCY WITH OBJECTIVE ST AND ARDS. Explain how the proposed project is consistent with all objective zoning, subdivision (if applicable), and design review standards applicable to the project site, including those standards included in the General Plan, Cupertino Municipal Code, Heart of the City Specific Plan, Monta Vista Design Guidelines, North De Anza Boulevard Conceptual Plan, South De Anza Concephial Plan, Saratoga-Sunnyvale Concephial Zoning Plan, South Valko Connectivity Plan and other applicable City documents. If the Gener al Plan requires a site to have a Specific Plan, that plan MUST be completed before consistency analysis is made. 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 Page 7 of 18 protection standards, water efficient landscaping requirements, stormwater requirements, and common open space, private useable open space, and public open space requirements. □ STATEMENT OF DESIGN INTENT. Describe the des~gn program, the designer's approach, and how the architechual, 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. Page 8 of 18 □ 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 be incorporated into one set of plans. All plans shall: _ Be prepared, signed and stamped by licensed professionals. _ Include the date of preparation and dates of each revision. _ Be fully dimensioned and drawn to scale on the same size sheets, with a consistent scale (as noted) throughout all plan sheets. Be submitted in collated sets and 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 pd£ format and the following numbers of plan sets are required: 8 sets full size 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. Include a vicinity map showing north arrow, the location and boundary of the project, major cross streets and the existing street pattern in the vicinity with the following information: General Plan and Zoning designations. □ DEVELOPMENT PROGRAM. The development plans shall clearly include the following in a tabular format: □ Size of property including gross and net lot area (square feet and acres). □ For mixed use projects, total square footage of residential space andrelated 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. A calculation of how the project meets the eligibility . criteria to qualify for streamlined and ministerial review pursuant to SB 35 . Detailed breakdowns, to scale, with dimensions, shall be shown on Floor Plan submittals as indicated below. Page 9 of 18 □ 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 building, the total number of units, and net density. Include the amount of private open space provided for each unit. Identify unit type, size, number of bedrooms, number of units in each building and total number of units by affordability level and tenure (rental or ownership). □ 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 area of 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 the number of parking spaces proposed by type (universal and ADA compliant) and proposed parking ratios. □ Bicycle parking (required and proposed) tmder City of Cupertino Municipal Code Chapter 19.124.040. □ 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: □ Existing and proposed property lines with dimensions, bearings, radii and arc lengths, easements, and net & gross lot area for existing and proposed parcels. Benchmark based on USGS NA VD 88 vertical. □ Location and dimensions of all existing and proposed structures extending 50 feet beyond the property. If adjacent to a street, show the entire width of street to the next property line, including driveways. Clearly identify all existing and proposed struch1res such as fencing, walls, all building features including decks and porches, all accessory structures including garages and sheds, mailboxes, and trash enclosures. Label all structures and indicate the struch1res to remain and the structures to be removed. □ Dimensions of setbacks from property lines and between structures. Page 10 of 18 □ 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 ahy proposed or required right-of-way dedication connecting dimensions to the property lines . Show all existing and proposed improvements including traffic signal poles and traffic signs. Show line of sight for all intersections and driveways based on current City of Cupertino standards. □ Existing topography and proposed grading extending 50 feet beyond the property at 2 foot contour intervals for slopes up to 10 % and less than 5 feet in height; and contour intervals of 5 feet for slopes over 10% or greater than 5 feet in height. Include spot elevations, pad elevations, and show all retaining walls with TOW /BOW elevations. □ Drainage information showing spot elevations, pad elevations, existing catch basins, and direction of propos ed drainage, including approximate street grade and existing and proposed storm drain locations. □ Location and dimensions of existing and proposed utilities includingwater supply system, sanitary sewers and laterals, drainage facilities, wells, septic tanks, imderground and overhead electrical lines, utility poles, utility vaults, cabinets and meters, transformers, electroliers, street lights, lighting fixtures, underground irrigation and drainage lines, backflow prevention and reduced pressure devices, traffic signal poles, underground conduit for signals and intercom1ect, 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 trees on the site and adjacent to the site, at 1"=20' scale, indicating species, diameter at breast height (DBH) as defined in Chapter 14.18 of the Cupertino M1micipal 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 (as defined in the United States Fish and Wildlife Service Manual, Page 11 of 18 Part 660 FW 2 (June 21, 1993)), etc., extending 50 feet beyond the property line to 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 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 Cupertino's voters. □ If any parcel is within 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 be developed is within or adjacent to the 100 year flood zone (Zone A or AE) or the National Flood Insurance Program, Flood Insurance Rate Map, the extent of Zone A or AE shall be clearly drawn on the tentative map and the 100 year flood water surface elevation shall be shown. The map shall show the approximate location of the Floodway Boundary as shown 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 feahires 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 and their relation to the property lines. □ Location of all creeks, waterways and trees. Page 12 of 18 □ Vicinity map indicating site in relation to major streets. □ D imensions must be shown to the existing and final curb lines . The curb line of the w idest location of final driving lane, whether a frontage road or not, will be w h ere curb setback lines are drawn from. □ DENSITY BONUS. In addition to the other submittal requirements, projects requesting a density bonus or concessions are required to submit a density bonus application pursuant to CMC Chapter 19.56, including plans for the project that clearly indicate the location and square footage of:. □ Affordable mrits that qualify the project for a density bonus, □ Additional density, floor area, or units granted pursuant to Density Bonus law. □ The related facilities or proportion of related facilities that serve the Density Bonas law additior.s. □ which units are the density bonus units. □ BUILDING ELEVATIONS. Plans shall be drawn by a licen?ed Architect at 1/8"= 1' minimum scale; dimensioned vertically and horizontally with sample representations at ¼"= 1' scale for detail areas. Elevations should not include superimposed landscaping and trees that hide the buildings. Height is 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 sides of all buildings. □ Vertical dimensions from all points above nahual, existing and finished grade on all elevations. □ Topography with nah1ral, existing, and proposed grades accurately · represented to show building height to show the relationship of the building to the site and adjacent properties. □ Location, height and design of rooftop mechanical equipment and proposed screening. Provide a 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, Page 13 of 18 etc. Page 14 ofl 8 □ 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 elements which affect the building. Provide wall sections at ½"=1' scale to clarify detailing as appropriate. □ FLOOR PLANS. Plan shall be drawn by a licensed Architect at 1/8"= 1' or larger scale. □ 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 plans shall include the square footage of residential space and related residential facilities, non-residential uses, and structures uses by both residential and non-residential uses. □ Floor plans shall clearly identify affordable units (City BMR and SB 35 units) This item assumes that there would be SB 35 affordable tmits which could be not following the City BMR requirements. For example, the BMR manual, CCC Resolution 15-037 states that for rental BMR units, they will be 60 % Very Low Income and 40 % Low Income. A developer could claim they do not need to provide tmits at the city's ratio, and a s sume, though no City Cotmcil action supports it, they can have a lower standard. □ 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. Plans shall show existing roof forms and roof forms to be added 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. Page 15 of 18 □ 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 Page 16 of 18 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. The plan shall incorporate the proposed Grading and Utility Plan, showing the location of existing and proposed utility lines and utility struchu-es screened back, but legible, and shall include the following : □ 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 a . landscape legend with a list 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. □ Size, 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 proposed as mitigation for the removal of a protected tree shall be identified as a replacement tree . □ Show accurate representation of plant materials within three years. □ 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. □ Provide enlarged details (minimum of 1:10 scale) for focal points and 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. Page 17 of 18 □ The Landscape plan shall be coordinated and consistent with the Stormwater Plan. □ Note signed and dated by project Landscape Architect that plans are in compliance with all City standards. □ Provide information on landscaping used as screening for utility equipment. D 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 the site. For each tree, specify the species, 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 properties that 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. □ 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. D PHOTOMETRIC PLAN. Indicate compliance with no lighting glare. Photometric plan must indicate that lighting levels do not spill into adjacent properties. D PHOTO-SIMULATIONS. Digital photo-simulations of the site with and without the project, taken from various points off-site with the best 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 a subdivision is proposed, please indicate the new proposed nah1ral 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 feahires within 50 feet. The plan shall include: □ Proposed building footprints, pad elevations and building height Page 18 of 18 D Existing and proposed contours which can be easily differentiated (2ft intervals if slope is 10% or less, 5 ft intervals for slopes greater than 10%) D Spot elevations of survey points D Source and date of the contour and spot elevation information D Limits of cut and fill D Grading Quantities (Cut and Fill Cubic Yards) D Cross-sections of the areas of greatest cut and greatest fill to scale D Topography and elevation of adjoining parcels (for a minimum of 50') D Slope ratio D Show all existing and proposed retaining walls with TOW /BOW elevations. D SUBDIVISION PLAN. Provide a 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: D Existing Assessor's Parcel Numbers D A title which shall contain the subdivision number, name and type of subdivision. D Name and address of legal owner, subdivider and person preparing the map (include professional license number) D Date, north arrow, scale and contour interval D Land Use (existing and proposed) D 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. D Existing Trees, type, diameter at breast height (DBH) and indicate drip line/canopy. Any trees proposed to be removed shall be clearly indicated. D Existing struchues, approximate location and outline identified by type. Buildings to be removed shall be clearly indicated. D Lot area with density per gross acre for each parcel (net square footage) D Existing and proposed lot line dimensions (bearings and distances) D Exhibits indicating compliance with objective zoning standards ( e.g. minimum lot sizes, lot widths etc .) Page 19 of 18 D Areas subject to in1mdation or storm water overflow. Width and direction of flow for each water course should be shown with approximate location. D Existing easements with widths, locations, type and sufficient recording data to identify the conveyance (book and page of official records). All proposed easement changes to the project along with an explanation for how the changed easements only require ministerial approval. D Proposed infrastructure including utilities and surface/street improvements (both private and public). Show location and size of utilities. Show proposed slopes and elevations of utilities and surface hardscape improvements. D Accompanying data and reports to be supplied with Subdivision Plan: □ Geologic and Geotechnical Report -A preliminary geotechnical report is required by Section 16.12 of the Cupertino M1micipal Code and 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 studies for the area. 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. D 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, drainage facilities/storm drainage system, wells, septic tanks, w1derground and overhead electrical lines, utility poles, utility vaults, cabinets and meters, transformers, undergro1md irrigation and drainage lines, backflow prevention and reduced pressure devices, electroliers, lighting fixhires, street lights, traffic signal poles, traffic signal pull boxes, signal cabinets. Provide details on screening utility equipment. Indicate compliance with Chapter 14.24. D 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 the project meets this threshold: D Site size in sq. ft. Page 20 of 18 □ Existing impervious surface area (all land covered by buildings, sheds, patios, parking lots, streets, paved walkways, driveways, etc.) in sq. ft. D Impervious surface area created, added or replaced in sq. ft. Total impervious surface area in sq. ft. D Percent increase/replacement of impervious surface area (new impervious surface area in sq. ft/existing impervious surface area in sq. ft. multiplied by 100). D Estimated area in sq. ft. of land disturbance during construction (including clearing, grading or excavating. Page 21 of 18 Excerpts of AB 101 re SB 35 AB-101 Housing development and financing (2019-2020) SIGNED BY GOVERNOR JULY 31 , 2019 ENROLLED JULY 08 , 2019 PASSED 1N SENATE JULY 01 , 2019 PASSED lN ASSEMBLY JULY 05 , 2019 AMENDED IN SENATE JUNE 27 , 2019 AMENDED 1N SENATE JUNE 20, 2019 CALIFORNIA LEGISLATURE-2019-2020 REGULAR SESSION ASSEMBLY BILL NO.101 Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Chiu, Cooper, Frazier, Cristina Garcia, Jones-Sawyer, Limon, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Weber, Wicks, and Wood) December 03, 2018 ******* LEGISLATIVE COUNSEL'S DIGEST ******* (4) The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a housing development that is subject to a streamlined , ministerial approval process , as provided , and not subject to a conditional use permit, if the development satisfies specified objective planning standards . Existing law provides , among other objective planning standards , that at least 2/J of the square footage of the development be designated for residential use. Existing law , known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city or county with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the jurisdiction for housing , if the developer agrees to construct a specified percentage of units for very low income , low-income, or moderate-income households or qualifying residents and meets other requirements . Excerpts of AB 101 re SB 35 This bill would require that the calculation to determine whether 2h of the square footage of th e development is designated for residential use include additional density, floor area, and units , and any other concession , incentive, or waiver, granted pursuant to the Density Bonus Law. Existing law prohibits a development subject to the streamlined, ministerial approval process from being located on a hazardous waste site , as defined , unless the Department of Toxic Substances Control has cleared the site for residential use . This bill would instead prohibit a development subject to the streamlined , ministerial approval process from being located on a hazardous waste site, as defined , unless the State Department of Public Health , State Water Resources Control Board , or the Depatiment of Toxic Substances Control has cleared the site for residential use. ******* SEC. 8. Section 65913.4 of the Government Code is amended to read: 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: ****** (2) The development is located on a site that satisfies all of the following: ******* . (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. Additional density, floor area, and units , and any other concession , incentive, or ·waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in th e square footage calculation. ******* (6) The development is not located on a site that is any of the following: ********* (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 State Department of Public Health, State Wa ter Reso ur ces Con tr ol Board, or Departmen t of Toxic Substances Control has cleared the site for residential use or residential mixed uses. ******* 114 65 10 .2 2 Cyrah Caburian From: Sent: To: Subject: Attachments: Dear City Council, Kitty Moore <ckittymoore@gmail.com > Tuesday, August 06 , 2019 6:17 PM City Council; Cupertino City Manager's Office; City Clerk; City Attorney's Office Proposed Edits to SB 35 Checklist Agenda Item 4, Aug 6, 2019 Kitty Moore Adds Comments in RED RE SB35 Checklist.pdf Attached please find edits in RED to the Written Communications provided by the City of Cupe11ino for Agenda Item 4 . Sincerely , Kitty Moore Representing myself only CITY OF CUPERTINO Subject COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX : (408) 777-3333 CUPERTINO.ORG SUPPLEMENT AL CITY COUNCIL STAFF REPORT Meeting: August 6, 2019 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) Recommended Action That the City Council conduct the sh1dy session, receive these reports and provide direction regarding the proposed Application and Review Procedures (Attachment A) and draft Application Package (Attachment B) for Projects Proposed Pursuant to Senate Bill 35. Discussion This Supplemental Staff Report is posted in addition to the staff report made available on July 31 to reflect subsequent amendments to SB 35. The following attachments are also updated: the Draft Resolution Adopting the Process for Applying and Receiving Ministerial Approval Under Senate Bill 35 and the Draft SB 35 Application Package. And a new attachment, Excerpts of AB 101 re SB 35, is added. On July 31, the Governor signed AB 101 (Housing development and financing), a budget trailer bill that amended, among other laws, Government Code section 65913.4 (SB 35). AB 101 amended only two subdivisions of Government Code section 65913.4, but both changes are relevant to the Process and Application Package. AB 101 modified the objective planning standards a proposed development must meet in order to be eligible for the SB 35 streamlined, ministerial approval process. First, AB 101 amended the subdivision providing that an eligible mixed-use project must designate at least two-thirds of the square footage of the development for residential use, Gov . Code § 65913.4(a)(2)(C), by adding the following underlined sentence: "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. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation." This change to how minimum residential square footage is calculated contradicts the guidance adopted by the Department of Housing and Commtmity Development in November of 2018, which explicitly excluded additional density, floor area, or wl.its granted tmder the Density Bonus Law from the two-thirds calculation. Guidelines§ 400(b)(l). Second, AB 101 amended the subdivision relating to hazardous waste sites by adding the · following tmderlined text. A project located on a hazardous waste site may still be eligible for SB 35 streamlining if "the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses ." Gov. Code§ 65913.4(a)(6)(E). Because of these statutory amendments, both the Draft Resolution's Eligibility Checklist and the Draft Application Package have been updated to reflect the current law. Updates are shown in track changes in Attachments A and B. Prepared by: Caitlin Brown, City Attorney's Office Reviewed by: Benjamin Fu, Director of Community Development Heather Minner, City Attorney Approved by: Deborah Feng, City Manager Attachments: A Updated Draft Resolution Adopting the Process for Applying and Receiving Ministerial Approval Under Senate Bill 35 with redlines B. Updated Draft SB 35 Application Package with redlines C. Excerpts of AB 101 re SB 35 RESOLUTION NO. __ _ A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING THE PROCESS FOR APPL YING FOR AND RECEIVING MINISTERIAL APPROVAL UNDER SENATE BILL 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 November 29, 2018 . WHEREAS, these Guidelines direct local jurisdictions to provide information about their process for 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. Government Code section 65913.4 has been twice amended, most recently on July 31, 2019, and the City's process reflects these amendments. The California Department of Housing and Community Development (HCD) determined that Cupertino is subject to SB 35.1 The HCD issued guidelines for implementing SB 35, Stre amlin ed Ministerial Approval Process Guid elines (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 tmder SB 35. Guidelines§ 300(a). 1 As of January 31 , 2018, HCD d e termined that Cupertino is subj ect to SB 35 s treamlining for eligible projects. Cupertino remained subj ect to SB 35 str e amlining unde r HCD' s De ce mber 2018 Statewide D e te rmination Summary . 1 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)(l). Instead, the City is required to process applications within the timeframes specified in Government Code section 65913.4, applying only those objective standards contained the City's General Plan, mwucipal code, and other adopted land use plans in effect at the time the project application was submitted. Guidelines §300 . The review process is also to be streamlined because the project is not subject to environmental review w1der the California Environmental Quality Act (CEQA). Guidelines § 301(a)(6). This Resolution establishes the City of Cupertino's SB 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 tlus 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, as described 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 materials to process the project application, based on the rates set in the adopted Fee Schedule. 2 The City shall post all application materials on the City's webpage within two business days after the application has been 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. 2 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 Commtmity Development. Se e Guidelines § 301(b)(l). All of the information in the SB 35 Application Checklist is necessary to determine whether the development is consistent, compliant, or in conformity with the objective planning standards. If the application is incomplete, staff will deny the project, tmless doing so would be an invalid basis to deny the project under the Guidelines. Se e Guidelines§ 301(b)(l). 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 tmder these procedures and the timeframes for 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 for a project with 150 or fewer tmits, and within 90 days for a project more than 150 units, the City will determine whether the project conflicts with any of the required objective planning standards. Guidelines§ 301(b). (b) Initial Determination. The Department of Commtmity 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 Cow1.cil shall hold a joint oversight meeting to assess the proposed project's compliance with required objective planning standards. If the project includes an application for a tentative or parcel map, this application 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. Se e 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). 3 The Oversight Meeting shall be a noticed, open, and public meeting in compliance with the Ralph M. Brown Act. The applicant and members of the public shall have an opporhmity to speak as they would at other Plaiming Commission and City Council meetings. In addition, the noticing requirements of Municipal Code section 19.12.ll0A for Development Permits shall apply to the Oversight and Consistency Review Meeting. (d) City Manager action following Oversight and Consistency Review Meeting . . Following the Council and Plaiming 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 sta11.dards the development conflicts with and an explanation for the reason or reasons the development conflicts with 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 the development is consistent with those standards. 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 plaiming standards, the City Manager will prepare final approval documents and standard conditions of approval. See Guidelines§ 301(a)(5). Within 90 days from the initial project application's submittal for a project with 150 or fewer units, and within 180 days for a project with more than 150 units, the City Manager will provide the project applicant with the final approval documents and standard conditions of 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 the application for streamlined processing under SB 35. The City will not continue to process the application while allowing the applicant to correct any deficiencies. The denial of an application for streamlined processing does not preclude the applicant from correcting any deficiencies and resubmitting a new application for streamlined review or for review tmder sta11.dard City procedures. If the applicant submits a 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 cha11.ges to the Cupertino Municipal Code or to state law. Staff shall not weaken or remove any requirements unless required to do so by changes in the law. SECTION 9. Appeal Procedure. CEQA Guidelines 14 CCR§ 15061 4 § 15061. Review for Exemption . (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. Article 18, commencing with Section 15260). (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300 .2. (3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (4) T11e project will be rejected or disapproved by a public agency. (See Section 15270(b)). (5) The project is exempt pursuant to the provisions of Article 12.5 of this Chapter. (c) Each public agency should include in its implementing procedures a listing of the prnjects often handled by the agency that the agency has determined to be exempt. This listing should be used in preliminary review. ( d) After determining that a project is exempt, the agency may prepare a notice of exemption as prC?vided in Section 15062 . Although the notice may be kept with the project application at this time, the notice shall not be filed with the Office of Planning and Research or the cotmty clerk tmtil the project has been approved. (e) When a non-elected official or decision making body of a local lead agency decides that a project is exempt from CEQA, and the public agency approves or determines to carry out the project, the decision that the project is exempt may be appealed to the local lead agency's elected decision making body, if one exists. A local lead agency may establish procedures governing such appeals. The Appeal procedure shall be es t ablished as follows : 1. Time limit is established by § 15062 (d) "The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 day statute of limitations will apply." 2. How is the public to be noticed? 3. How is an appeal to the elected decision making body made? 4. What is the difference between the appeal mentioned in §15061(e) and the legal challenge mentioned in§ 15062 (d)? 5 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _day of. __ __, by the following vote: Members of the City Council AYES: NOES : ABSENT: ABSTAIN: SIGNED: Steven Scharf, Mayor Date City of Cupertino ATTEST : Grace Schmidt, City Clerk Date 6 Exhibit 1: Senate Bill 35 Eligibility Checklist To be eligible for a streamlined review process w1der 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)(l). 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 tmder the Density Bonus Law (Gov. Code§ 65915). Guidelines§ 300(b)(3). Any increase in density granted tmder 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 the project is mixed-use, at least two-thirds of the proposed development's square footage must be designated for residential use. Guidelines § 400(b ). i. The two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities to gross development building square footage for an unrelated use, such as commercial or office uses. Struch1res 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 andany 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. Guidelines § 102(u). iii. Additional density, floor area, Br and units , and any other concession, incentive, or waiver of development st andards granted pursuant to Density Bonus Law are C)Ecluded included #em in the square foo tage -thls calculation. Cuidelir.es § 400fh1Gov. Code§ 65913.4(a)(2)(C). 1 (c) If the development project qualifies for a density bonus under Government Code section 65915, the applicant must submit detailed plans clearly showing location and the square footage of: 1. Affordable units that qualify the project for a density bonus, and i-,ji__Additional density, floor area, or units granted pursuant to Density Bonus law, 11 . The related facilities or proportion of related facilities that serve the Density Bonas lav.r additions . (d) 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 hvo thirds residential requirement. Plans for a "pre density bonus project" r,i,rill not be used to calculate the hvo thirds reqairement. The applicant must alse comply with all objective standards relating to density bonus applications found in CMC section Chapter 19.56--0eG . Guidelines§ 300(b)(5). fet(dl 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 the commercial 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 Mitigation Fee or that 15% of the base number of units (total units minus any density bonus units) in a project be reserved as follows : 1. For developments that offer rental housing: very low-income and low-income households at a 60:40 ratio. 2 When jurisdictions have insufficient progress toward their Lower income RHNA (Very Low and Low income) but h ave had sufficient progress toward their Above Moderate income RHNA, they are subject to the streamlined ministerial approval process for proposed developments with at leas t 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 .gov/communitv-development/housing- element/docs/SB35 StatewideDeterminationSummary.pdf. 2 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 wants to take credit for both SB 35 mtlts and the BMR 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 BMR Program subset of the w1its of the project's affordable units. 1v . Alternatively, if the project applicant does not wish to provide tmits subject to Cupertino's BMR Program, it may instead pay the Affordable Housing Mitigation Fee and provide affordable tmits subject only to SB 35' s restrictions . Who added this more lenient section? (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 persons and families of lower-income ( or very low income, as applicable) for no less than the following periods of time, as applicable: i. For the tmits subject to Cupertino's inclusionary zoning ordinance: • 99 years or • 55 years (if a project financed with low-income housing tax credits (LIHTC)) 11. For the tmits subject to SB 35 affordability requirements in excess of Cupertino's inclusionary zoning ordinance: • 55 years for rental tmits • 45 years for ownership tmits 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 site must adjoin parcels that are developed with urban uses. Guidelines§§ 102(j), 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 § 102(j). 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 ST AND ARDS. The project must meet all objective general plan, zoning, design review, and other objective land use standards in effect at the time the application is submitted. Gov. Code§ 65913.4(a)(5). 3 (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 othe1wise-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 subjective judgment and must be verifiable by reference to an external and uniform source available prior to submittal. Guidelines § 102(p ). Sources of objective standards include, without limitation: 1. General Plan. ii . Municipal Code, including, without limitation, the Zoning, Subdivisions, and Building Codes 111. Heart of the City Specific Plan iv. Monta Vista Design Guidelines v . North De Anza Conceptual Zoning Plan vi. South De Anza Conceptual Plan vii. Saratoga-Sunnyvale Conceptual Plan viii. BMR Housing Mitigation Procedural Manual ix. Pending Vallco Specific Plan required per Cupertino General Plan Vision 2040 6. PARKING. The project must provide at least one parking space per unit; however, no parking is required if the project meets any of the following criteria. Guidelines§ 300( d): (a) The project is located within one-half mile of public transit. (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 the project. (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 (see Guidelines§ 401(b)): This has been editorialized, changing the meaning, and needs correcting. (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: 4 (a) 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 Cupertino's voters.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 ve1y 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 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 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 State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed-use . The editorialized opening statement made it appear as though the site had to be outside of either a site listed pursuant to Section 65962.5 OR a hazardous waste site designated ... That is not what Guidelines Section 4O1(b) states. (e) 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 Lmder 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 intmdation by the 1 percent annual chance flood (10O-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 5 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 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 the listed exclusion is applicable. 6 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. 01.) 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. (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). G) Lands under conservation easement. (k) A site that would require demolition of housing that is: 1. Subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very-low income households. ii. Subject to rent control. ill. Or has been occupied by tenants within the past 10 years. (1) A sit~ 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 site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.4 (o) A site that would require demolition of an historic structure that is on 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 the subdivision ordinance, and either of the following apply (Guidelines § 401(d)): 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 liste d exclusion is applicable . .'.'.. 7 (a) The project is financed with low-income housing tax credits (LIHTC) and satisfies the 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 9 and 10 of this Eligibility Checklist. 9. PREY AILING WAGE. The project proponent must certify that at least one of the following is true (Guidelines § 403): (a) The entirety of the project is a public work as defined in Government Code section 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 the general prevailing rate of per diem wages for the type of work and geographic area. (c) The project includes 10 or fewer units AND is not a public work AND does not require subdivision. 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. 8 CITY OF COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX : (408) 777-3333 CUPERTINO.ORG CUPERTINO 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: j, Property Owner's Contact Information: Name: Name: Address: Address: City, State: ZIP: City, State: ZIP: Email: Email: Phone: Phone: 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 Proposed Residential Square without Density Bonus: Footage with Density Bonus (if Number of Residential Units applicable): Avg. Unit Size Density Bonus Increase Page 1 of 17 DB Increase in Percentage DB Increase= DB Increase in Percentage x Number of Proposed Project Units DB SF increase = Average unit Size of Proposed Project x DB Increase Page 2 of 17 YES NO NIA 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 gross square footage (including additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to Density Bonus Law) must be designated for residential use. If a subdivision is included, the development must qualify for exception to subdivision exclusion. 2. Number of Parking Spaces Proposed: - a. Is the site within one-half mile of public transit? b . Is the site within an architechlfally and historically significant historic district? c. Are on-street parking permits required but not offered to the occupants of the project? d. Is the site within one block of a car 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 a public work? b. Has the applicant certified compliance with 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 . Is the development consistent with all objective standards in the subdivision ordinance? b . Is the project financed with low-income housing tax credits? c. Has the applicant certified compliance with prevailing wage requirements? Page 2 of 18 -YES NO NIA d . Has the applicant certified compliance with skilled and trained workforce requirements? 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 or designated, has the applicant provided evidence that the site has received the required clearance from the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control for development as a residential use or residential mixed- use? Are there hazardous materials still present on the site? Does the site require mitigation? Why was this item added BEFORE the AB 101 approval changing the wording of SB 35? Page 3 of 18 14. Is the project site within a delineated earthquake fault zone? a. Does the development comply with applicable seismic protection building code standards? Page 4 of 18 "'' YES NO NIA 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? 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 _________________________________ _ Pro Owner Si ature(s) Owner's Name Date FOR STAFF USE ONLY: .. .. " ., ,, ,. Application accepted on ________ by ___________ _ Application Type: _____________ _ Page 5 of 18 CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255TELEPHONE: (408) 777-3308 • FA X: (408) 777-3333 CUPERTINO.ORG Certificate for Compliance with Eligibility Requirements !, _________________ ~ 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 tmder Government Code section 65913.4(a)(4). (d) The property owner agrees to comply with the applicable prevailing wage requirements established under Government Code section65913.4(a)(8)(A). (e) The property owner agrees to comply with the applicable skilled and trained workforce requirements established tmder Government Code section 65913.4(a)(8)(B). (fj The property owner certifies that the project site has not contained any housing occupied by tenants within 10 years prior to the date written above. (g) The property owner certifies the Hazardous Waste Statement per Ca Gov Code Section 65962.5(f): (f) Before a lead agency accepts as complete an app lication for any development project which will be used by any person, the applicant shall consult the lists sent to the appropriate city or county and shall submit a signed statement to the local agency indicating whether the project and any alternatives are located on a site that is included on any of the lists compiled pursuant to this section and shall specify any list. If the site is included on a list, and the list is not specified on the statement, the lead agency shall notify the applicant pursuant to Section 65943. The statement shall read as follows: · HAZARDOUS WASTE AND SUBSTANCES STATEMENT Page 5 of 17 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the Government Code . Accordingly, the project applicant is required to submit a signed stateme nt t hat conta i ns the fo l lowing i nformation : Name of applicant: Address: Phone number: Address of site (street name and number if available, and ZIP Code): Local agency (city/county): Assesso r 's book, page, and parcel number: Specify any list pursuant to Sect ion 65962 .5 of the Government Code: Regulatory identification number: Date of l ist : __ Applicant, Date __ 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 Date Signature Name (Print), Title Page 6 of 17 GOVERNMENT CODE-GOV TITLE 7. PLANNING AND LAND USE [65000-66499 .58] ( He ading of Titl e 7 am e nded by Stats. 1974, Ch. 1536.) DIVISION 1. PLANNING AND ZONING [65000-66210] ( He ading of Division 1 adde d by Stats. 19 74 , Ch. 1536.) CHAPTER 4.5 . Review and Approval of Development Projects [65920-65964 .1] ( Chapter 4.5 added by Stats. 1977, Ch. 1200.) ARTICLE 6. DevelopmentPermits for Classes of Projects [65960 -65964 .1) ( Articl e 6 adde d by Stats. 1978, Ch. 1271.) 65962 .5 . (a) The Department of Toxic Substances Control shall compile and update as appropriate, but at least annually, and shall submit to the Sec r etary for Environmenta l Protection, a list of all of th e following: (1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code . (2) All land designated as hazardous waste property or borde r zone property pursuant to former Article 11 (commen cing with Section 25220) of Chapter 6 .5 of Division 20 of the Health and Safety Code. (3) All information received by the Department of To x ic Substances Control pursuant to Section 25242 of the Health and Safety Code on ha za rdous waste disposals on public land. ( 4) All sites listed pursuant to Section 25356 of the Health and Safety Code. (b) T he State Department of Health Services shall compile and update as appropriate, but at least annually, and shall submit to the Secreta ry for Environment_al Protection, a list of all public drinking water wells that contain detectable level s of organic contaminants and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code. · (c) The State Water Resources Control Board shall compile and update as appropriate, but at least annually, and sha ll submit to the Secretary for Environmental Protection, a list of all of the following: (1) All underground storage tanks for which an unauthorized release report is filed purs uant to Section 25295 of the Health and. Safety Code. (2) All so lid waste disposal facilitie s from which there is a migration of ha za rdous waste and for which a California regi o nal water quality control board h a s notified the Department of To x ic Substances Control pursuant to subdivision ( e ) of Section 13273 of the Water Code. (3) All cease and desist orders issued after January 1, 1986, pursuant to Section 1 3 301 of the Water Code; and all cleanup or abatement o rd ers issued after January 1 , 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes tha t are ha za rdous materials. (d) The loc al enforcem en t agency, as designated pursuant to Sectio n 18051 of Title 14 of the California Code of Regulations, shall compile as appropriate , but at least annually , and s hall submit to the Department of Resou rces Recycling and Recovery, a list of all solid Page 7 of 17 waste disposa l facilit i es from which there is a known migration of hazardous waste. The Department of Resources Rec y c l ing and Recovery shall compi le the local lists into a statewide l ist, which shal l be submitted to the Secretary for En vironmental Protection and shall be avai l ab le to any person w h o requests the information. ( e) The Secretary for Env i ro nm e nta l Protecti on sha ll conso li date the informat ion s u bm itted pursuant t o th i s section and d i strib ute it in a timely fashion to each city and co un t y in wh i ch s ites on the l ists are located. The secretary shall d istribute t he i nformat io n t o any other person upon request. The secretary may charge a reaso n able fee to perso n s req u esting the i nformation, other than cities, counties, or cities and counties, to cover the cost of deve loping, mainta i ning , and reproduc i ng and d istributin g the information. (f) Before a l ead agency accepts as complet e an application for any development project whic h w il l be used by any person, the app li cant shall consu lt the l ists sent to t he app ro pri ate c ity or county and shal l subm it a signed statement to t he loca l agency indica tin g w h et h er th e proje ct a nd an y a ltern a t iv es are l ocated on a s ite t h a t is incl uded on any of the li sts compiled pursuan t t o this section and sha ll specify a n y li st. If t h e si t e is i nclude d on a li st, and the l ist is not specified on the statement, t h e l ead agency shall notify the app li cant pu r suant to Section 65943. The statement sha ll read as follows: HAZARDOUS WASTE AND SUBSTANCES STATEMENT The development project and any alternatives proposed i n th is application are contained on the lists compiled pu r suant to Se ction 65962.5 of the Government Code . Accordingly, the project applicant is required to submit a signed statement that contains the following information: Name of applicant : Address : Phone number : Add ress of site (street name and number if available, and ZIP Code): Local agency (city/county): Assessor's book , page, and parcel number: Specify any list pu rsuant to Sect i on 65962 .5 of the Government Code : Regulatory identification number : Date of list : __ Applicant, Date __ (g ) The changes made to th i s section by the act amending this section, t h at takes effect January 1, 1992, app ly on ly to projects for which applications have not been deemed complete on or before Ja n uary 1 , 1992, pursuant to Secti o n 65943. {Am ended by Stats. 2012, Ch. 39, Sec. 26. {SB 1018) Ejfectivejune 27, 2012.) Page 8 of 17 CITY OF 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 tmder SB 35 . Please review this checklist 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 FE£. (See the 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 tmder 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 . . D 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 reasons for the proposed removal. Provide three copies. Page 9 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. Is this the Phase 1 Environmental Site Assessment? If a Phase 2 Environmental Site Assessment is performed, that is an indication of Recognized Environmental Concerns. Why is this requirement stricter than for the Valko Specific Plan EIR? That site had a Phase I ESA with RECs and yet NO Phase 2 ESA was conducted under the Lead Agency's control. The Phase 1 ESA would need to be under the control of the city, how is this going to happen? □ PROJECT DESCRIPTION. A narrative project description that summarizes the proposed project and its purpose must be provided. Please include a discussion of the project site context, including what existing uses, if any, adjoin the project site and whether the location is eligible for Streamlined Housing Development processing. D AFFORDABLE HOUSING PLAN. Provide an Affordable Housing Plan describing how a development project will comply with the City's Below Market Rate (BMR) Program requirements set forth in the BMR Housing Mitigation Program Procedural Manual. Note that the BMR Manual, CCC Resolution 15- 037, requires 60 % of residential rental units be affordable to very low income residents and 40 % be affordable to low income residents. The General Plan has a separate requirement that 15 % of the mlits be affordable on p. HE-25 . □ STATEMENT OF CONSISTENCY WITH OBJECTIVE ST AND ARDS. Explain how the proposed project is consistent with all objective zoning, subdivision (if applicable), and design review standards applicable to the project site, including those standards included in the General Plan, Cupertino Municipal Code, Heart of the City Specific Plan, Monta Vista Design Guidelines, North De Anza Boulevard Conceptual Plan, South De Anza Conceptual Plan, Saratoga-Sunnyvale Concephrnl Zoning Plan, South Vallco Connectivity Plan and other applicable City documents. If the General Plan requires a site to have a Specific Plan, that plan MUST be completed before consistency analysis is made. 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 Page 7 of 18 protection standards, water efficient landscaping requirements, stormwater requirements, and common open space, private useable open space, and public open 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 nah1ral resources, mitigation of negative site characteristics, and off-site influences. Page 8 of 18 D DEVELOPMENT PLAN SETS. The following plans shall comprise the development plan set: REQUIREMENTS FOR ALL DEVELOPMENT PLANS. If the application is filed in conjtmction with other applications, submittal requirements from all applicable checklists shall be incorporated into one set of plans. All plans shall: _ Be prepared, signed and stamped by licensed professionals. _ Include the date of preparation and dates of each revision. _ Be fully dimensioned and drawn to scale on the same size sheets, with a consistent scale (as noted) throughout all plan sheets. Be submitted in collated sets and 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 pd£ format and the following numbers of plan sets are required: 8 sets full size 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. Include a vicinity map showing north arrow, the location and boundary of the project, major cross streets and the existing street pattern in the vicinity with the following information: General Plan and Zoning designations. D DEVELOPMENT PROGRAM. The development plans shall clearly include the following in a tabular format: □ Size of property including gross and net lot area (square feet and acres). □ For mixed use projects, total square footage of residential space andrelated 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. A calculation of how the project meets the eligibility criteria to qualify for streamlined and ministerial review pursuant to SB 35. Detailed breakdowns, to scale, with dimensions, shall be shown on Floor Plan submittals as indicated below. Page 9 of 18 □ 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 building, the total number of tmits, and net density. Include the amow1t of private open space provided for each wut. Identify unit type, size, number of bedrooms, number of units in each building and total number of units by affordability level and tenure (rental or ownership). □ For commercial development, total floor area in each building (including basements, mezzanines, interior balconies, and upper stories or levels in a multisto1y building) and total building area, including non-residential garages. □ Percent lot coverage, percent of net lot area covered by buildings (total ground floor area of 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 the number of parking spaces proposed by type (universal and ADA compliant) and proposed parking ratios. □ Bicycle parking (required and proposed) under City of Cupertino Municipal Code Chapter 19.124.040. □ 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: □ Existing and proposed property lines with dimensions, bearings, radii and arc lengths, easements, and net & gross lot area for existing and proposed parcels. Benchmark based on USGS NAVO 88 vertical. □ Location and dimensions of all existing and proposed structures extending 50 feet beyond the property. If adjacent to a street, show the entire width of street to the next property line, including driveways. Clearly identify all existing and proposed structures such as fencing, walls, all building features including decks and porches, all accessory structures including garages and sheds, mailboxes, and trash enclosures. Label all structures and indicate the struch1res to remain and the structures to be removed. □ Dimensions of setbacks from property lines and between structures. Page 10 of 18 □ 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 connecting dimensions to the property lines . Show all existing and proposed improvements including traffic signal poles and traffic signs. Show line of sight for all intersections and driveways based on current City of Cupertino standards. □ Existing topography and proposed grading extending 50 feet beyond the property at 2 foot contour intervals for slopes up to 10% and less than 5 feet in height; and contour intervals of 5 feet for slopes over 10% or greater than 5 feet in height. Include spot elevations, pad elevations, and show all retaining walls with 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 dimensions of existing and proposed utilities includingwater supply system, sanitary sewers and laterals, drainage facilities, wells, septic tanks, tmderground and overhead electrical lines, utility poles, utility vaults, cabinets and meters, transformers, electroliers, street lights, lighting fixtures, undergrotmd irrigation and drainage lines, backflow prevention and reduced pressure devices, traffic signal 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 trees on the site and 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. Tnmk 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 (as defined in the United States Fish and Wildlife Service Manual, Page 11 of 18 Part 660 FW 2 (June 21, 1993)), etc., extending 50 feet beyond the property line to 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 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 Cupertino's voters . □ If any parcel is within 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 be developed is within or adjacent to the 100 year flood zone (Zone A or AE) or the National Flood Insurance Program, Flood Insurance Rate Map, the extent of Zone A or AE shall be clearly drawn on the tentative map and the 100 year flood water surface elevation shall be shown. The map shall show the approximate location of the Flood way B0tmdary as shown 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 and their relation to the property lines. □ Location of all creeks, waterways and trees. Page 12 of 18 □ Vicinity map indicating site in relation to major streets. □ Dimensions must be shown to the existing and final curb lines . The curb line of the widest location of final driving lane, whether a frontage road or not, will be where curb setback lines are drawn from. □ DENSITY BONUS. In addition to the other submittal requirements, projects requesting a density bonus or concessions are required to submit a density bonus application pursuant to CMC Chapter 19.56, including plans for the project that clearly indicate the location and square footage of:. □ Affordable 1mits that qualify the project for a density bonus, □ Additional density, floor area, or 1mits granted pursuant to Density Bonus law. □ The related facilities or proportion of related facilities that serve the Density Bonus lar.v additions. □ which units are the density bonus 1mits. D BUILDING ELEVATIONS. Plans shall be drawn by a licensed Architect at 1/8"= 1' minimum scale; dimensioned vertically and horizontally with sample representations at ¼"= 1' scale for detail areas. Elevations should not include superimposed landscaping and trees that hide the buildings. Height is 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 sides of 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 to show building height to show the relationship of the building to the site and adjacent properties. □ Location, height and design of rooftop mechanical equipment and proposed screening. Provide a 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 mo1mted exterior lighting. □ Detailed building sections showing depth of reveals, projections, recesses, Page 13 of 18 etc. Page 14 of18 □ 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 elements which affect the building. Provide wall sections at ½"=1' scale to clarify detailing as appropriate. □ FLOOR PLANS. Plan shall be drawn by a licensed Architect at 1/8"~ 1' or larger scale. □ Floor area diagrams inust 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 plans shall include the square footage of residential space and related residential facilities, non-residential uses, and structures uses by both residential and non-residential uses. □ Floor plans shall clearly identify affordable units (City BMR and SB 35 units) This item assumes that there would be SB 35 affordable units which could be not following the City BMR requirements. For example, the BMR manual, CCC Resolution 15-037 states that for rental BMR units, they will be 60 % Very Low Income and 40 % Low Income. A developer could claim they do not need to provide units at the city's ratio, and assume, though no City Council action supports it, they can have a lower standard. □ 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. Plans shall show existing roof forms and roof forms to be added 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 P!·operty lines . Section locations shall be identified on the Site Plan. Page 15 ofl8 D COLOR AND MATERIALS BOARD. Samples of materials and color palette representative of achrnl materials/colors for all buildings and struchues. Identify the name of manufachuer, product, style, identification numbers and Page 16 of 18 other pertinent information on the display. Displays should be no larger than 24" by 36", except where ach1al material samples are presented. D LANDSCAPE PLANS. Plan shall be drawn at 1" = 20' or larger scale by a licensed Landscape Architect. The plan shall incorporate the proposed Grading and Utility Plan, showing the location of existing and proposed utility lines and utility structures screened back, but legible, and shall include the following: □ 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 a landscape legend with a list 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. □ Size, species, tnmk 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 proposed as mitigation for the removal of a protected tree shall be identified as a replacement tree. □ Show accurate representation of plant materials within three years. □ 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. □ Provide enlarged details (minimum of 1:10 scale) for focal points and 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. Page 17 of 18 □ The Landscape plan shall be coordinated and consistent with the Stormwater Plan. □ Note signed and dated by project Landscape Architect that plans are in compliance with all City standards. □ Provide information on landscaping used as screening for utility equipment. D 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 the site. For each tree, specify the species, 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 properties that 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 . □ 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. D PHOTO-SIMULA TIO NS . Digital photo-simulations of the site with and without the project, taken from various points off-site with the best 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 a subdivision is proposed, please indicate the 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 Page 18 of 18 □ Existing and proposed contours which can be easily differentiated (2ft intervals if slope is 10 % or less, 5 ft intervals for slopes greater than 10 %) □ Spot elevations of survey points □ Source and date of the contour and spot elevation information □ Limits of cut and fill □ Grading Quantities (Cut and Fill Cubic Yards) □ Cross-sections of the areas of 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. D SUBDIVISION PLAN. Provide a 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 shallinclude: □ Existing Assessor's Parcel Numbers □ 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 trees proposed to be removed shall be clearly indicated. □ Existing structures, approximate location and outline identified by type. Buildings to be removed shall be clearly 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.) Page 19 of 18 □ Areas subject to inundation or storm water overflow. Width and direction of flow for each water course should be shown with approximate location. □ Existing easements with widths, locations, type and sufficient recording data to identify the conveyance (book and page of official records). All proposed easement changes to the project along with an explanation for how the changed easements only require ministerial approval. □ Proposed infrastructure including utilities and 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 reports to be supplied with Subdivision Plan: D Geologic and Geotechnical Report -A preliminary geotechnical report is required by Section 16.12 of the Cupertino Municipal Code and 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 infrastmchire, 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 sh1dies for the area. 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. D 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, drainage facilities/storm drainage system, wells, septic tanks, 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. D STORMWATER CONTROL PLAN. See Stormwater Control Plan Application Checklist. AUStormwater 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 the project meets this threshold: □ Site size in sq. ft. Page 20 of 18 □ Existing impervious surface area (all lanQ. 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 21 of 18 Excerpts of AB 101 re SB 35 AB-101 Housing development and financing (2019-2020) SIGNED BY GOVERNOR JULY 31 , 2019 ENROLLED JULY 08 , 2019 PASSED IN SENATE JULY 01 , 2019 PASSED IN ASSEMBLY JULY 05 , 2019 AMENDED IN SENATE JUNE 27 , 2019 AMENDED IN SENA TE JUNE 20 , 2019 CALIFORNIA LEGISLATURE-2019-2020 REGULAR SESSION ASSEMBLY BILL NO.101 Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Chiu, Cooper, Frazier, Cristina Garcia, Jones-Sawyer, Limon, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Mark Stone, Weber, Wicks, and Wood) December 03, 2018 ******* LEGISLATIVE COUNSEL'S DIGEST ******* ( 4) The Planning and Zoning Law, until January 1, 2026 , authorizes a development proponent to submit an application for a housing development that is subject to a streamlined , ministerial approval process , as provided , and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Existing law provides , among other objective planning standards , that at least 2h of the square footage of the development be designated for residential use. Existing law , known as the Density Bonus Law , requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city or county with a density bonus and other incentives or concessions for th e production of lower income housing units or for the donation of land within the jurisdiction for housing , if the developer agrees to construct a specified percentage of units for very low income , low-income, or moderate-income households or qualifying residents and meets other requirements . Excerpts of AB 101 re SB 35 This bill would require that the calculation to determine whether 2h of the square footage of the development is designated for residential use include additional density , floor area, and units , and any other concession , incentive , or waiver, granted pursuant to th e Density Bonus Law . Existing law prohibits a development subject to the streamlined , ministerial approval process from being located on a hazardous waste site , as defined , unless the Department of Toxic Substances Control has cleared the site for residential use. This bill would instead prohibit a development subject to the streamlined , ministerial approval process from being located on a hazardous waste site, as defined , unless the State Department of Public Health , State Water Resources Control Board , or the Department of Toxic Substances Control has cleared the site for residential use. ******* SEC. 8. Section 65913.4 of the Government Code is amended to read : 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 : ****** (2) The development is located on a site that satisfies all of the following: ******* (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 ofresidential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use. Additional density, floor area, and units , and any other concession, incentive, or waiver of development standards granted pursuant to the Dens ity Bonus Law in Section 65915 shall be included in the square.footage calculation. ******* (6) The development is not located on a site that is any of the following: ********* (E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Depa1iment of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Depaitment of State Department of Public Health , State Water Resources Control Board, or Department (?[Toxic Substances Control has cleared the site for residential use or residential mixed uses. ******* 11465 10 .2 2