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CC 08-06-19 Written Communications (Updated 08-08-19)CC 08-06-19 Study Session # Tobacco Policies Written Communications Tobacco Retailer Licensing Is Effective t AMERICAN LUNG ASSOCIATION, IN CALIFOf.tNIA THE CENTER for Tobacco Policy & Organizing SEPTEMBER 2018 In California, 144 communities have adopted strong local tobacco retailer licensing ordinances in an effort to reduce illegal sales of tobacco products to minors. That includes the following four components: • License that all retailers must obtain in order to sell tobacco products and that must be renewed annually. • A fee set high enough to sufficiently fund an effective program including administration of the program and enforcement efforts. An enforcement plan, that includes compliance checks, should be clearly stated. • Coordination of tobacco regulations so that a violation of any existing local, state or federal tobacco regulation violates the license. • A financial deterrent through fines and penalties including the suspension and revocation of the license. Fines and penalties should be outlined in the ordinance. The table below lists illegal sales rates to minors before and after a strong licensing law was enacted. These sales rates were determined by youth tobacco purchase surveys administered by local agencies. It is important to note that results from the youth tobacco purchase surveys have a number of different factors that influence change. Results from these surveys are somewhat dependent on certain factors that differ in each community, such as the age of the youth and the number of stores surveyed. Furthermore, other factors that could impact these rates include statewide laws, other city policies, or statewide or national media campaigns. The data below shows that these decreases occur after a tobacco retailer license has been established. The results overwhelmingly demonstrate that local tobacco retailer licensing ordinances with strong enforcement provisions are effective. Rates of illegal tobacco sales to minors have decreased, often significantly, in all municipalities with a strong tobacco retailer licensing ordinance where there is before and after youth sales rate data available. However, a licensing ordinance by itself will not automatically decrease sales rates; proper education and enforcement about the local ordinance and state youth access laws are always needed. Before and after youth sales rate data is available for the following 41 California communities with strong licensing ordinances-Banning, Baldwin Park, Beaumont, Berkeley, Burbank, Calabasas, Carpentaria, Coachella, Contra Costa County, Corona, Davis, Delano, Desert Hot Springs, El Cajon. Elk Grove, Goleta, Grass Valley, Grover Beach, Kern County, La Canada Flintridge, Los Angeles County, Morgan Hill, Murrieta, Norco, Oroville, Pasadena, Riverside, Rosemead, Sacramento, Sacramento County, San Fernando, San Francisco, San Luis Obispo, San Luis Obispo County, Santa Barbara County, Sonoma County, Tehachapi, Vista, Winters, Woodland, and Yolo County. For more resources on these ordinances, including the Matrix of Strong Local Tobacco Retailer Licensing Ordinances with policy and enforcement details for every strong ordinance in the state, visit: www Center4TobaccoPoHcy org For model tobacco retailer licensing ordinance language, visit ChangeLab Solutions at changelabsolutions org CENTER4TOBACCOPOLICY.ORG LUNG .ORG/CALIFORNIA The Center for Tobacco Policy & Organizing I American Lung Association in California 15311 Street. Suite 201, Sacramento. CA 95814 I Phone: (916) 554.5864 I Fax: (916) 442.8585 1~12018. California Depar tment of Public Health. Funded under contract #14~1001.3 THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 2 of 2 Table of youth sales rates before and after the adoption of a strong tobacco retailer licensing ordinance City/County Date Passed Banning August 2006 Baldwin Park October 2008 Beaumont December 2006 Berkeley December 2002 Burbank February 2007 Calabasas June 2009 Carpentaria April 2012 Coachella July 2009 Contra Costa Co unty January 2003 Corona October 2005 Davis August 2007 Delano June 2008 Desert Hot Springs August 2007 El Cajon June 2004 Elk Grove September 2004 Goleta May 2014 Grass Valley November 2009 Grover Beach September 2005 Kern County November 2006 La Canada Flintridge June 2009 Los Angeles County December 2007 Morgan Hill April 2014 Murrieta May 2006 Norco March 2006 Oroville March 2013 Pasadena January 2004 Riverside May 2006 Rosemead July 2017 Sacramento March 2004 Sacramento County May 2004 San Fernando October 2008 San Francisco November 2003 San Luis Obispo August 2003 San Luis Obispo County October 2008 Santa Barbara County November 2010 Sonoma County April 2016 Tehachapi February 2007 Vista May2005 Winters January 2016 Woodland June 2015 Yolo County May 2006 Annual Fee $350 $342 $350 $427* $235 $0* $379 $350 $160* $350 $377 $165 $350 $698 $270 $534 $100 $244 $165 $50* $235 $125 $350 $350 $30 $225 $350 $235 $324 $287 $250 $175* $255 $342 $235 $350 $165 $250 $377 $377 $377 Youth Sales Rate Before Ordinance 77% 34% 63% 38% 26.7% 30.8% 26% 69% 37% 50% 30.5% 23% 48% 40% 17% 21% 27% 46% 34% 47.1% 30.6% 15% 31% 40% 22.6% 29% 65% 32% 27% 21% 38.5% 22.3% 17% 33.3% 21% 18.4% 8% 39% 47% 32% 28% Most Recent Youth Sales Rate 21% 9% 20% 4.2% 5% 5% 7% 11% 13% 17% 12% 5.6% 4% 1% 16.7% 7% 0% 17% 13.3% 0% 8% 0% 7% 6% 0% 0% 31% 22% 15.1% 7.1% 3% 13.4% 13% 5% 3% 1.3% 16.7% 1.9% 19% 8% 7.8% *City or County fee does not fully cover administration and enforcement of the tobacco-retailer li cense. Rather, the fee is supplementa l with another stab le source of funds, such as the Master Settlement Agreement (MSA) funds or general funds. See the Center's Matrix of Strong Lo cal Tobacco Retailer Licensing Ordinances for fu ll details about the administration and enforcement of these ordinances. CENTER4TOBACCOPOLICY.ORG LUNG .ORG/CALIFORNIA The Center for Tobacco Policy & Organizing I American Lung Association in Ca lifornia 15311 Street, Suite 201, Sacramento, CA 95814 I Phone: (916) 554.5864 I Fax: (916) 442.8585 ©2018. California Departmc:nt of Public Health. Funded under contract #14·10013. CC 08-06-19 #1 Youth Climate Action Team Written Communications To the City of Cupertino: Cities throughout the world must use their authority to promptly eliminate the emissions of greenhouse gases. The City of Cupertino along with dozens of other cities across the Bay Area recently declared a Climate Emergency, signifying an effort to end greenhouse gas emissions as soon as possible and transition to a city economy that is ecologically sustainable. The most recent international scientific assessment -the Intergovernmental Panel on Climate Change (October 2018)-states that future generations will need to remove excessive carbon dioxide from the atmosphere in order to stabilize the planet's physical and ecological systems to support our larger human population. The National Snow and Ice Center calculates that the 2019 Arctic summer ice coverage will rank as the smallest or second smallest on record. The shrinking and possible complete disintegration of the summer ice coverage will trigger a cascade of dangerous global events. Massive amounts of methan_e will be released, ocean circulation patterns will be disrupted, possibly change weather patterns throughout the world, and the melting of Greenland ice will accelerate. Surface ice sheets the size of small states will slide into the ocean and causing tens of feet of sea level rise throughout the world. The various mechanisms to sustain life in parts of the planet are already in jeopardy. While national governments throughout the world have a major role to play in avoiding further deterioration of the planet, local governments, cities in particular, also have a critical role to play. It is the duty of cities and other local governments to accomplish this goal within the jurisdictions that they oversee: building codes, infrastructure, local energy policy, the processing of waste etc. • Building Codes for New Construction o New construction should have better insulation, rooftop solar panels, and efficient appliances o Reach codes -codes that address energy consumption -should encourage electrification over the use of natural gas o EV Chargers-New construction can have EV-ready (minimum) wiring and installed EV stations o Banning natural gas using other legal mechanism should be incorporated into each city's legal structure, following the lead of the City of Berkeley • Processing Waste o Require re-useable utensils in restaurants, and the composting of food waste and landscaping trash • Zero Emission Municipal Activities o All municipal vehicles should become Zero-Emission-Vehicles by 2030 o All municipal buildings should become electrified and zero-emitting facilities by 2030 • Infrastructure o Improved and expanded bike and pedestrian trails, roadside, and parking facilities o Public EV Chargers -near government buildings Our youth and their children will bear the burden of our appalling neglect. Sincerely, Gary Latshaw Chair, Bay Area for Clean Environment Public comment on behalf of Ro Khanna at the Cupertino City Council Meeting on August 6. f~{a_f?o',,, tc <;?/f>/tJ 1#= ( Thank you Mayor and City Council Members. My name is Linda Sell and I am working with Congressman Ro Khanna on local education and environmental initiatives. I am making a public comment on behalf of Ro Khanna. Here is his statement: I am honored and lucky to represent Cupertino and the surrounding Silicon Valley cities. I am proud of the youth and the environmental groups who have gathered here to discuss climate solutions today. Please consider their input, because their input and your work at the city level is important to our future. Cities need to take drastic action and lead the way in transitioning us to a carbon-free and renewable energy future. When cities lead, Congress will follow. I am also working on climate solutions, and your support of building electrification, EV readiness, and fossil fuel divestment will help build support for proactive environmental policy we are working to push through Congress. With that, I'd like to ask you follow the lead of the youth gathered here and prioritize the 4 environmental initiatives presented to you tonight. I believe that working on clean energy and green technology is about engaging our 21st century economy, especially here in the heart of Silicon Valley. China is responsible for 50% percent of the electric vehicle market today. We, in contrast, have about one percent. China will reach 40% percent renewable energy by 2025, while we are predicted to reach only 18%. Addressing climate change is not just about the survival of our planet, climate change is not just about preventing devastating disasters, but whoever wins the clean energy race, whoever creates new technologies, is going to lead the 21st century when it comes to our economic future. Surely you can agree the US should lead the world in 21st century technology and energy. Our state is the most successful economy in the US, and we are leading in showing a solar, wind and renewable energy future is good economics. It is my hope in my work to make this case for the economic vision of clean technology policy. I look forward to having the Bay Area, our vision and your work be a model for the country when it comes to a clean, green energy future. CC 08-06-19 #2 Seniors in Cupertino Written Communications (_~ g/"' !1 J * 2.. Perception vs. Reality Cupertino in Transition Jean Bedard May 2, 2017 ~ll- ...(♦1 --------- New Reality Cupertino and Silicon Valley are aging: • 54% of households have no children under the age of 18 - parents are a minority • 37% of households have at least one person over the age of 64 - caregiving a major consideration • 43% of residents are over age of 50 Buying behavior has changed -retail, housing, entertainment, medical, transportation, travel Development in Cupertino should be based on today's reality, not decades old perceptions. ~ --· ___ -...;;:-, .. From: City of Cupertino 2014 Community Tracking Survey, Appendix A (Godbe Research) · www.cupertino.org/Modules/ShowDocument.aspx?documentid=8905 CC 08-06-19 Oral Commuications Written Communications Cyrah Caburian From: Subject: City of Cupertino Written Correspondence FW: Public hearing : Oral Communication cc 8/6/19 Oral Communications Attachments: I urge the city council to relieve Ray Wang of his duties as chair of the planning comm is sion and especially as a member of the commission itself.docx; primadonal.vcf From: primadonal@comcast.net [mailto:primadonal@comcast.net] . Sent: Monday, August 05, 2019 10:19 PM To: City Clerk <CityClerk@cupertino.org>; Grace Schmidt, MMC <graces@cupertino.org>; Kirsten Squarcia <KirstenS@cupertino.org>; City Council <CityCouncil@cupertino.org>; Steven Scharf <SScharf@cupertino.org>; Liang Chao <LiangChao@cupertino.org>; Darcy Paul <dapaul98@gmail.com>; Jon Robert Willey <JWilley@cupertino.org>; Rod Sinks <rodsinks@gmail.com>; Cupertino City Manager's Office <manager@cupertino.org> Subject: Public hearing: Oral Communication August 6th , 2019 Public Hearing: Oral Communications I am unable to attend the meeting but want my public input brought to your attention, Attached is my letter. and pasted it is pasted below. Donna Austin ********************************i********************************** August 6th , 2019 Public Hearing : Oral Communications I urge the Cupertino city council to relieve Ray Wang of his duties as chair of the planning commission and member of the commission itself. There is no place on our Cupertino Planning Commission for a person who is not objective and doesn't respect different viewpoints and threatens or calls them names. "Liberal neo fascists" is an extremely derogatory term he one used on a public neighborhood forum. Speaking for himself, or not is no excuse for his intolerant attitude and has no place in good city planning. A planning commissioner shares the responsibility for open communication and the free flow of ideas and discussion among everyone present at meetings, including applicants , staff, members of the public, and the commissioners themselves. Ray Wang's intimidating attitude has had a chilling effect on public input and open government. Commissioner Wang doesn't display a willingness to be objective and to solve problems by respectfully listening to others . He doesn 't consider alternatives, and can't achieve consensus in seeking solutions that achieve fairness and justice, not only for other individual landowners, but also the community as a whole. The commissioner's job is to advice the council in planning matters, and Ray Wang has demonstrated he cannot be objective enough to build consensus to good planning decisions reflective of all the community. Donna Austin Past Planning Commissioner 1990-98 42-year resident CC 08-06-19 Study Session #4 SB 35 Application Process Written Communications CITY OF CUPERTINO cc 8/6/19 Study Session Item #:4 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 Subject Study Session regarding Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35 (Application No(s): CP-2019-04; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action That the City Council conduct the study 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 Community 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)(l). 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 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, Streamlin ed Ministerial Approval Process Guidelines (Guidelines), on November 29, 2018, which took effect on January 1, 2019 . These Guidelines direct a local jurisdiction to provide information about its process for applying and receiving ministerial approval under SB 35 . Guidelines§ 300(a). 1 As of January 31 , 2018, HCD determined that Cupertino is subj e ct to SB 35 streamlining for eligible projects. Cupertino remained subject to SB 35 stre amlining under HCD' s December 2018 Statewide De-termination 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, municipal 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 requirements from SB 35 or the Guidelines not explicitly discussed in this document. This Resolution shall be interpreted to incorporate and be consistent with Government Code section 65913.4 and the Guidelines, as they be amended from time to time. SECTION 2. Eligibility Criteria. To be eligible for a streamlined review process, an application must meet the objective planning standards required by SB 35, including all applicable City objective land use standards, 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 Community Development. See Guidelines § 301(b)(1). 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, unless doing so would be an invalid basis to deny the project under the Guidelines . See Guidelines§ 301(b)(1). An applicant may submit a revised application for a previously denied project at any time. The City will process the revised application as a new application under these procedures and 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 units, 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 Council 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 Municipal Code section 19 .12.llOA 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 Planning Commission's Oversight and Consistency Review Meeting and before the expiration of the timeframe for a consistency determination, the City Manager will send the applicant either (1) a letter documenting which standard or standards the development 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 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 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 Municipal Code or to state law. Staff shall not weaken or remove any requirements unless required to do so by changes in the law. 4 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 5 Exhibit 1: Senate Bill 35 Eligibility Checklist To be eligible for a streamlined review process under SB 35, an application must meet the objective planning standards required by SB 35, including all applicable City objective land use standards, as described below. 1. NUMBER AND DENSITY OF UNITS. The project must comply with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus. Guidelines§ 300(c)(1). If the zoning code's density designation for the site conflicts with the density allowed in the general plan's land use designation, the density in the general plan's land use designation prevails. Gov. Code§ 65913.4(a)(5). The project, if eligible, may request a density bonus and/or waivers and/or concessions under the Density Bonus Law (Gov. Code§ 65915). Guidelines § 300(b )(3). Any increase in density granted under the Density Bonus Law is considered consistent with maximum allowable densities. Guidelines § 300(b )(3). In addition: (a) The project must propose at least two multifamily residential units. Guidelines §§ 102(0), 400(a). (b) If 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. Structures utilized by both residential and non-residential uses shall be credited proportionally to intended use. Guidelines § 400(b ). ii. Related residential facilities are defined as any manager's units and any and all common area spaces that are included within the physical boundaries of the housing development, including, but not limited to, common area space, walkways, balconies, patios, 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, er-and units, and any other concession, incentive, or waiver of development standards granted pursuant to Density Bonus Law are e)(cluded included -!fem-in the square footage #Hs-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: i. Affordable units that qualify the project for a density bonus, and i,.iL_Additional density, floor area, or units granted pursuant to Density Bonus law, ii . The related facilities or proportion of related facilities that serve the Density Bonus law additions. fat 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" ,.,,m not be used to calculate the hvo thirds requirement. The applicant must -alse-comply with all objective standards relating to density bonus applications found in CMC section Chapter 19.56~. Guidelines§ lO0(b)(5). f@t(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: i. 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 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.go~/community-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. iii . The objective standards in Cupertino's inclusionary zoning ordinance shall apply to the BMR Program subset of the units of the project's affordable units. 1v. Alternatively, if the project applicant does not wish to provide units subject to Cupertino's BMR Program, it may instead pay the Affordable Housing Mitigation Fee and provide affordable units subject only to SB 35's restrictions . (b) The applicant must record a land use restriction or covenant providing that the lower income housing units shall remain available at affordable housing costs or rent to 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 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 units subject to SB 35 affordability requirements in excess of Cupertino's inclusionary zoning ordinance: • 55 years for rental units • 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 STANDARDS. 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 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: i. General Plan. 11. Municipal Code, including, without limitation, the Zoning, Subdivisions, and Building Codes iii. Heart of the City Specific Plan iv. Monta Vista Design Guidelines v . North De Anza Conceptual Zoning Plan vi. South De Anza Conceptual Plan vii. Saratoga-Sunnyvale Conceptual Plan viii. BMR Housing Mitigation Procedural Manual 6. PARKING. The project must provide at least one parking space per unit; however, no parking is required if the project meets 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)): (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 4 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. (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 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. 5 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 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: i. 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. iii. 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 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 listed exclusion is applicable . .'.'.. 6 (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. 7 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 DRAFT SENATE BILL 35 APPLICATION FORM SUBMITTAL REQUIREMENTS. The following information and materials listed on the attached SB 35 Application Checklist are required for a complete application in order to determine if a project qualifies under Senate Bill 35 . Please review this checklist with City's Planning Division staff to confirm specific requirements and to determine if other applications are required. Project Information to be filled in by Applicant and/or Property Owner: Applicant's Contact Information: Property Owner's Contact Information: Name: Name: Address: 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 applicable): Page 1 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 architecturally and historically significant historicdistrict? 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 objectiv e 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? 14. Is the project site within a delineated earthquake fault zone? a . Does the development comply with applicable seismic protection building code standards? Page 3 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 Typ e: Page 4 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 I, ________________ ____, do hereby certify and declare as follows: (a) The subject property is located at: Address(es) Assessor's Parcel Number(s) (b) I am a duly authorized officer or owner of the subject property. (c) The property owner agrees to comply with the applicable affordable housing dedication requirements established under Government Code section 65913.4(a)(4). (d) The property owner agrees to comply with the applicable prevailing wage requirements established under Government Code section 65913.4(a)(8)(A). (e) The property owner agrees to comply with the applicable skilled and trained workforce requirements established under Government Code section 65913.4(a)(8)(B). (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. 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 5 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 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 FEE. (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). D 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/disturbed and provide a statement of specific reasons for the proposed removal. Provide three copies. Page 6 of 17 □ PHASE I REPORT. A Phase 1 report shall be provided with the application. If the Phase 1 report indicates that a Phase 2 report is recommended, a Phase 2 report must accompany the application. □ PROJECT DESCRIPTION. A narrative project description that 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. □ 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. □ STATEMENT OF CONSISTENCY WITH OBJECTIVE STANDARDS. Explain how the proposed project is consistent with all objective zoning, subdivision (if applicable), and designreview 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 Conceptual Zoning Plan, South Vallco Connectivity Plan and other applicable City documents. Particular details shall be provided to define how the project complies with use requirements, floor area standards, density, setbacks, height standards, lot coverage ratios, landscaping standards, creek setbacks, tree preservation and protection standards, water efficient landscaping requirements, stormwater requirements, and common open space, private 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 natural resources, mitigation of negative site characteristics, and off-site influences. Page 7 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 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 pdf 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. D 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: D Size of property including gross and net lot area (square feet and acres). D For mixed use projects, total square footage of residential space and related residential facilities (as defined in the City's Eligibility Checklist), square footage of non-residential uses, and square footage utilized by both residential and non-residential uses. 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 8 of 18 D 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). D 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). D Percentage of net lot area devoted to landscaping, common open space and private useable open space. D 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 . D Bicycle parking (required and proposed) under City of Cupertino Municipal Code Chapter 19.124.040. D 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: D 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 NAVD 88 vertical. D 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 structures to remain and the structures to be removed. D Dimensions of setbacks from property lines and between structures. Page 9 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. 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 including water supply system, sanitary sewers and laterals, drainage facilities, wells, septic tanks, underground 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 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. 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 10 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 features within 50 feet of the property line. The plan shall include: □ Building footprints, pad elevations and building height. Land use and zoning designation on all lots. □ Property lines and dimensions of the subject site and adjacent properties showing all easements. □ Location of streets, medians, curb cuts, sidewalks, driveways, and parking areas. □ Location of all creeks, waterways and trees . Page 11 of 18 □ Vicinity map indicating site in relation to major streets. □ DENSITY BONUS. In addition to the other submittal requirements, projects requesting a density bonus or concessions are required to submit 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 units 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 Bonus law additions. □ which units are the density bonus units. 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 mounted exterior lighting. □ Detailed building sections showing depth of reveals, projections, recesses, etc. Page 12of18 □ 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 u s es by both residential and non-residential uses. □ Floor plans shall clearly identify affordable units (City BMR and SB 35 units) □ ROOF PLAN. Plan shall be drawn by a licensed Architect at 1/8;'= 1' or larger scale. The plan shall include property lines, outline of building footprint, ridgelines, valleys, flat roof areas, roof pitch and rooftop mechanical equipment, and screening. 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. D 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 13 of 18 other pertinent information on the display. Displays should be no larger than 24" by 36", except where actual 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, 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 14 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 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 15 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 shall include: □ 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 rel~tion 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 16ofl8 □ 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). □ 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: □ 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 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. □ 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. 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: Page 17 of 18 □ Site size in sq. ft. □ Existing impervious surface area (all land covered by buildings, sheds, patios, parking lots, streets, paved walkways, driveways, etc.) in _sq. ft . □ Impervious surface area created, added or replaced in sq. ft. Total impervious surface area in sq. ft. □ Percent increase/replacement of impervious surface area (new impervious surface area in sq. ft/existing impervious surface area in sq. ft. multiplied by 100). □ Estimated area in sq. ft. of land disturbance during construction (including clearing, grading or excavating. Page 18 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 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 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 dev eloper that proposes a housing development within the jurisdictional boundaries of that city or county with a density bonus and other incentives or concess ions 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. 1 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 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 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 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. ******* (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 Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses . ******* 1146510.2 2 CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERT INO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG DRAFT SENATE BILL 35 APPLICATION FORM SUB MITT AL REQUIREMENTS. The following information and materials listed on the attached SB 35 Application Checklist are required for a complete application in order to determine if a project qualifies under Senate Bill 35. Please review this checklist with City's Planning Division staff to confirm specific requirements and to determine if other applications are required. Project Information to be filled in by Applicant and/or Property Owner: Applicant's Contact Information: Property Owner's Contact Information: Name: Name: Address: 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 applicable): Page 1 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 fo r exception to subdivision exclusion) C. Mixed-use: at least 2/3 of ~square footage ( e*elHEHFl:g induding additional densicy:, floor arec1, eFand unitsc and an~ other concession, incentive,or waiver of deveJ01.2ment standards granted 12ursuant to Density Bonus Lawresidential square foetage devoted to densi-tr bonus w:i.its ) must be designated for residential use. If a subdivision is included, the development must qualify for exception to subdivision exclusion.t 2. Number of Parking Spaces Proposed: - a. Is the site within one-half mile of public transit? b . Is the site within an architecturally 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 prev ailing 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 De12ar-tment of Public Health. State Water Resources, Control Board, or De12artment of Toxic Substances Control for development as a residential use or residential mixed- use? 14. Is the project site within a delineated earthquake fault zone? a . Does the development comply with applicable seismic protection building code standards? Page 3 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 4 of 18 CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO , CA 95014-3255TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Certificate for Compliance with Eligibility Requirements I,----------------~ do hereby certify and declare as follows: (a) The subject property is located at: Address(es) Assessor's Parcel Number(s) (b) I am a duly authorized officer or owner of the subject property. (c) The property owner agrees to comply with the applicable affordable housing dedication requirements established under Government Code section 65913.4(a)(4). (d) The property owner agrees to comply with the applicable prevailing wage requirements established under Government Code 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. 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 5 of 17 CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTM ENT C ITY HALL 10300 TORRE AV ENUE • CU PERTI NO, CA 9501 4-3255 TELE PHO N E: {4 08) 777-3308 • FAX: (408) 777-3333 C UPERTI NO .O RG 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 FO RM. 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). □ CERT IFICATE FO R CO MPLIANCE WITH ELIGIBILITY RE QUIREMENTS. The property owner or the owner's authorized agent must certify under penalty of perjury that certain threshold eligibility criteria are satisfied. □ PO WER O F ATTO RNEY. Provide evidence of power of attorney, if the application is being by a person other than the property owner. □ TITLE REP O RT. Prepared within the past three months (three copies). The title report must include a legal description of the property and a listing of all easements, rights-of-way, and owners shall be supplied. □ ARBORIST REPORT. Prepared within the last year by an ISA Certified Arborist for the removal or disturbance of any Protected Tree on the site or on an adjacent property which could be impacted by the proposed development. Describe the condition of all Protected trees to be removed/disturbed and provide a statement of specific reasons for the proposed removal. Provide three copies. Page 6 of 17 □ PHASE I REPORT. A Phase 1 report shall be provided with the application. If the Phase 1 report indicates that a Phase 2 report is recommended, a Phase 2 report must accompany the application. □ PROJECT DESCRIPTION. A narrative project description that 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. Provid an Affordable Housing Plan describing how a development project will comply with the Oty' s Below Market Rate (BMR) Program requirements set forth in the BMR Hous.ing_Mitigation Program Procedural Manual. D STATEMENT OF CONSISTENCY WITH OBJECTIVE ST AND ARDS. Explain how the proposed project is consistent with all objective zoning, subdivision (if applicable), and designreview 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 Conceptual Zoning Plan, South Vallco Connectivity Plan and other applicable City documents. Particular details shall be provided to define how the project complies with use requirements, floor area standards, density, setbacks, height standards, lot coverage ratios, landscaping standards, creek setbacks, tree preservation and protection standards, water efficient landscaping requirements, stormwater requirements, and common open space, private useable open space, and public open space requirements. D STATEMENT OF DESIGN INTENT. Describe the design program, the designer's approach, and how the architectural, landscape and other elements have been integrated in compliance with the City's objective standards. The relationship of the project to adjacent properties and to the adjacent streets should be expressed in design terms. Define the site, building design, and landscape concepts in terms of site design goals and objectives, pedestrian circulation, outdoor-use areas, visual screening and enhancements, conservation of natural resources, mitigation of negative site characteristics, and off-site influences. Page 7 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 pdf 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 ~v icinity map §howing north arrow. the location andJ2.mm.dary of the prgjgct, major cros§ §tr;eets and the existing street pattern in the vicinity with the following information: General Plan and ?;oning,_gesignatig11~: D DEVELOPMENT PROGRAM. The development plans shall clearly include the following in a tabular format: □ Size of property inclµding gros§ and n~t lot ar;~ l§guare feet and acres). □ For mixed use proj~ct§. tgtal square footafill of i;gsidenti 91 space and related residential facilities (as defined in th~ bit}(§ Eligibility Checklist). sqpare footage of nqn-residenU~l J::1§§§, ~nd . sq,uare foot@:ge utilized by botlJ residential and non-reaj_gential U§~§., A cakulatfon of how the project meets the eligibility criteria to qualify for streamlined and ministerial review pursuant to SB 35 . Dt;;tailed preakdowns . to scale. witl} dimensions. shall be shown on Floor Plan submittals as indicated belo . Page 8 of 18 D For re§idential develqpment. ins;lgde the flogr area for each unit t¥Pe, the number of }?edrooms. tpe number of ;units by type. th~ ny.mbe,r of pnit§J?er building, the total numbg pf unit§, and net density. Include the amount of Rr,i ate open space provided for each unit. IdenUfy unit me, size, number of bedrooms, number of units in each building and total number of lU'llits by affordability level and tenure (rental or ownership). O For s;gmmergal q§velopment. tgrn,l flggr @refi Jn each gpildipg finslY_ding .basements, mtt~8,fil]ipe§e interior balconies, and llPJ;fil...filmies or levels in a multistory builtj.ing) and tgt_el building; area. including non~re§idential g.arages . D Pers;ent lot s;gverage. per9ent of net 1qt area Govered by euilding§ ft2!e1 grg:µ119 flogr arne QfeU gyild4:lgs divided by net lot are& D Pgrcentage of ne,t lot area cj.evoted to landscaping. commqn open sJ251s;e ang private useable open §Rsjs;§. D Parking requirements upder Go emment Code section 2:§913-:1,Jg) and tabuls1tion of th§ numJ2er of.parking SJJacg§ proposed byJypg (ypiversal and ADA compliant) oo&l proposed parking ratio§. p ij~s;ycle _parking <required and proposed) under City of ~ypertino My.nidpa1 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 : □ Vieiftity map shewk,g R©ftt; Mf©!i'.1 th8 leieati©A 8nd ~etM:tdrar;i . @f th~ pf@jeet, m:aj@f @f@sa stfeets ,ulel tl1e mdsHng stfeet ~atteH1 in fue Yieiftitr ,wth: the f@lle•.","4~~ iftt:Mffl:a@~-n;i: Gen@fal Floo and Zei=ting desi~aUerni. □ Shm @f pr0pierty i11@h.u.~iftg gf@as afl:€.i net l@t afea ~Sep.tare feet al'ld aeres), D For mbted t:tae prnjeets, t©tsl 8€]:NO!!@ f00ta@e €lf resi@ential spa@e and reluteti: r@sid@in,t:ial fucilities ~oo deooed m: the City 's EligilsiiHty Oleeldi!!it}, sqmu•e f@e~age of H@n residential . Noes,, a~d 8€J:tiOf@ foetage l,jmifJ@@ . @j' ~eti=i: f@8ieientiol @i=td l\\@N resielential t.tses . Detailed @1;eakd0,•;Roi t@ seale, ·.i.-ith €lh~1ei=tsi@Ns t sh:aH be at.@W R @n H@or Flrnt=t s~n1i~~als ao iR€li1:oh1d: !i0l@v,", D F-01: reshienti@l @@NdepR7:@l'lt) ineht~e the-filo@r area f@r eam @l'lit type, ~@ numlsi er of 3edrn,@ms-, the !\\Nlll@@r of Mnits @:;' ~p@ 1 tl=l:@ Flt;Jffi@@r @..f tinits :rer @uil@U1."g1 ijsie te~al nttm@er ef Ul14K8) ond r-et ~ensity,. Il"'l:d\11:d@ -W.1@ omo::u,t @f pdvate @peft spiaee pr@¥ides ~or ea@ktt:n.it. Page 9 of 18 0 . ~or eomm@f@ial dcvel~m:alt; to tetl {hiJ@fi euiea W\ @lier, betilel~g (ifldtueiiog @ao@ffiients; m:€K3g~m_oo, int@rior b8.lo@]iitili!l8; 8.nd Uf'pl@f M8fi@o @r l0velo ift a multis~ory buildir.g~ arui fiotol lruilding aisea, ioel:uding t=l!@tt 1108ldevJial gofageo. □ Jr!oree¥1t l@it eev@li8ge, p@rOOl'lt @f n@t lot @feo c@v0J?ed b,• @~Hdi:Ago Et-@hJ:l grott1nd {;!@or area ofaU @l>tildings €1:i\-ides b,· net lot-area). O PereeFi~ag@ of n@t lot af@O d&.-@tetil.to lru=;eh;capin:f:3; cemffl~ ~~ spaH a:1:4<@ prir.-atc etseeble @ti@n Sf1«ee. □ Pod~'°'S r@ep:ti:f@m&lt8 t=tAd@.r Govemment Cod@ seetion €i5912.'1~d) oft€!: tab1:dsJiovt @f fue RUffl:leJ@r @f rarkii'..Eg~paee s pl'Ots'08 Cii b51 tyre ~UN:i\atM<@al ont!l ADA aompli~t~ elR@ pii;oposed pilrkjng i=atio s. □ ii.eyde pod~i:ng ~reer:.:1iroel.at7<d pn~p0sed~ ttl'l@@r Ci:~· of Cupeftin€ls~.hfflieip@l Coda 01af'ter 19,121 ,Q'1Q , □ 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 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 structures to remain and the structures to be removed. □ Dimensions of setbacks from property lines and between structures. □ Location, dimension and purpose (i .e. water, sewer, access, etc .) of all easements including sufficient recording data to identify the conveyance (book and page of official records). □ Location and dimensions for all adjacent streets (public and private) and proposed streets showing both sides of streets, street names, street width, striping, centerlines, centerline radii of all curves, median and landscape strips, bike lanes, pedestrian ways, trails, bridges, curb, gutters, sidewalks, driveways, and edge of right-of-way including any proposed or required right-of-way dedication. Show all existing and proposed improvements including traffic signal poles and traffic signs. Show line of sight for all intersections and driveways based on current City of Cupertino standards. Page 10 of 18 □ 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 including water supply system, sanitary sewers and laterals, drainage facilities, wells, septic tanks, underground 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 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. 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, 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 Page 11 of 18 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 features within 50 feet of the property line. The plan shall include: □ Building footprints, pad elevations and building height. Land use and zoning designation on all lots. □ Property lines and dimensions of the subject site and adjacent properties showing all easements. □ Location of streets, medians, curb cuts, sidewalks, driveways, and parking areas. □ Location of all creeks, waterways and trees. □ Vicinity map indicating site in relation to major streets. Q_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 1956, including: plans for the project that clearly indicate the location and square footage of:a density boHus application pursuar.Ho CMG Chapter 19 .Sfb. □ Affordable units that qualify the proJect for a density bonus, □ Additional density, floor areck, or units granted pursuant to Density Bonus law. g The related facili-ties or proportionof rclated facilities that ser¥e the Density Benus lmv additiooo. Page 12 of 18 D which units are the density bonus units. 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: D Fully dimensioned elevations for buildings identifying materials, details and features include visible plumbing, electrical meters and method of concealment. D All four sides of all buildings. D Vertical dimensions from all points above natural, existing and finished grade on all elevations. D 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. D 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. D Elevations and dimensions for existing structures to remain. Location and type of building mounted exterior lighting. D Detailed building sections showing depth of reveals, projections, recesses, etc. D Details of vents, gutters, downspouts, scuppers, external air conditioning equipment, etc. D 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. D FLOOR PLANS. Plan shall be drawn by a licensed Architect at 1/8"= 1' or larger scale. D Floor area diagrams must be provided with dimensions and tabulations of each area of each floor. Page 13 of 18 □ 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) □ 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. D COLOR AND MATERIALS BOARD. Samples of materials and color palette representative of actual materials/colors for all buildings and structures. Identify the name of manufacturer, product, style, identification numbers and other pertinent information on the display. Displays should be no larger than 24" by 36", except where actual material samples are presented. 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 Page 14 of 18 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. □ The Landscape plan shall be coordinated and consistent with the Storm.water 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. □ 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 Page 15 of 18 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. □ 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 natural grade. The natural grade should not be modified to a great extent unless necessary to meet engineering standards and specifications. Show the relationship of the project to the building and site features within 50 feet . The plan shall include: □ Proposed building footprints, pad elevations and building height □ Existing and proposed contours which can be easily differentiated (2ft intervals if slope is 10 % or less, 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 . Page 16 of 18 □ 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: □ 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.) □ 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). □ 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: □ 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 Page 17 of 18 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. □ 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. All Storm water 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. □ Existing impervious surface area (all land covered by buildings, sheds, patios, parking lots, streets, paved walkways, driveways, etc.) in sq. ft. □ Impervious surface area created, added or replaced in sq. ft. Total impervious surface area in sq. ft. □ Percent increase/replacement of impervious surface area (new impervious surface area in sq. ft/existing impervious surface area in sq. ft. multiplied by 100). □ Estimated area in sq. ft. of land disturbance during construction (including clearing, grading or excavating. Page 18 of 18