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12-03-19 Searchable packetCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber Tuesday, December 3, 2019 5:30 PM Televised Special Meeting Mayor & Vice Mayor Oath of Office (5:30) and Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, December 3, 2019, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:30 PM ELECTION OF MAYOR AND VICE MAYOR 1.Subject: Councilmembers elect Mayor Recommended Action: Make nominations and elect Mayor 2.Subject: Councilmembers elect Vice Mayor Recommended Action: Make nominations and elect Vice Mayor OATH OF OFFICE 3.Subject: Mayor takes Oath of Office Recommended Action: Mayor takes Oath of Office 4.Subject: Vice Mayor takes Oath of Office Recommended Action: Vice Mayor takes Oath of Office COMMENTS BY NEW MAYOR 5.Subject: Comments by new Mayor Recommended Action: Comments by new Mayor Page 1 12-03-19 1 of 171 City Council Agenda December 3, 2019 COMMENTS BY COUNCILMEMBERS AND PUBLIC 6.Subject: Comments by Councilmembers Recommended Action: Comments by Councilmembers 7.Subject: Members of the audience are invited to speak (no Speaker Cards necessary) Recommended Action: Members of the audience are invited to speak RECEPTION 8.Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 1.Subject: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2.Subject: Approve the November 5 City Council minutes Page 2 12-03-19 2 of 171 City Council Agenda December 3, 2019 Recommended Action: Approve the November 5 City Council minutes A - Draft Minutes 3.Subject: Approve the November 19 City Council minutes Recommended Action: Approve the November 19 City Council minutes A - Draft Minutes 4.Subject: Declare properties as having potential fire hazards or other potential nuisances from weeds for the Cupertino Weed Abatement Program; set hearing date to declare a public nuisance and to consider objections for proposed removal. Recommended Action: Adopt Resolution No. 19-141 declaring properties as having potential fire hazards or other potential nuisances from weeds; and set hearing on January 21, 2020 to declare a public nuisance and to consider objections for proposed removal. Staff Report A - Draft Resolution and Exhibit A B - 2020 Cupertino Commencement Report (Exhibit A) 5.Subject: Accept termination of Bicycle Pedestrian Commission member Pete Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. Recommended Action: Accept termination of Bicycle Pedestrian Commission member Pete Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. Staff Report A - Resignation Letter B - Adopted Resolution No. 16-137 Governing City Advisory Bodies 6.Subject: Reject all bids received for the Blackberry Farm Slide and Recreation Pool Remodel, (Project No. 2020-10) and authorize the Director of Public Works to competitively solicit contractors to only complete work necessary to resolve spot repair of rust stains in the pools. Recommended Action: 1. Receive report on bids for the Blackberry Farm Slide and Recreation Pool Remodel; and 2. Authorize the Director of Public Works to reject all bids for the Blackberry Farm Slide and Recreation Pool Remodel; and 3. Authorize the Director of Public Works to competitively solicit contractors to only complete work necessary to resolve spot repair of rust stains in the pools. Staff Report Page 3 12-03-19 3 of 171 City Council Agenda December 3, 2019 SECOND READING OF ORDINANCES PUBLIC HEARINGS 7.Subject: Municipal Code Amendments to Chapter 19.80 to clarify development standards in the Planned Development (P) Zoning Districts (Application No. MCA-2019-005; Applicant: City of Cupertino; Location: In P zoning districts located City-wide); Adoption of the Third Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are Not a Project Under and Exempt from CEQA. Recommended Action: That the City Council conduct the first reading of Ordinance No. 19-2191: “An Ordinance of the City Council of the City of Cupertino adopting the Third Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 19.80 (Planned Development (P) Zones) of the Cupertino Municipal Code to Clarify Development Standards in P Zones.” Staff Report A - Draft Ordinance B - Redlines indicating amendments to Chapter 19.80 C - Planning Commission Resolution #6889 D - Third Addendum to GP Final EIR 8.Subject: Municipal Code Amendments to Chapter 13.08 (Park Land Dedication and Fee) and Chapter 18.24 (Dedications and Reservations) to Clarify Park Land Dedication and In Lieu Fee Requirements; Adoption of the Fourth Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are Not a Project Under and Exempt From CEQA. Recommended Action: That the City Council conduct the first reading of Ordinance No. 19-2192: “An Ordinance of the City Council of the City of Cupertino Adopting the Fourth Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 13.08 and Chapter 18.24 of the Municipal Code to Clarify Standards for Park Land Dedications and Fees In lieu Thereof.” Staff Report A - Draft Ordinance B - Redline Municipal Code Amendments C - 4th Addendum - Parkland Ordinance D - General Plan Park Distribution Policies ORDINANCES AND ACTION ITEMS 9.Subject: Consider out-of-cycle Community Funding Grant for West Valley Community Services. Page 4 12-03-19 4 of 171 City Council Agenda December 3, 2019 Recommended Action: Consider an out-of-cycle Community Funding Grant request of $5,000 for West Valley Community Services Gift of Hope Program and either: · Approve a Community Funding Grant of $5,000 for West Valley Community Services Gift of Hope Program, or · Recommend that West Valley Community Services apply for a Community Funding Grant during the City’s regular grant process. Staff Report A - Community Funding Policy B – Community Funding Grant Application for Gift of Hope ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written Page 5 12-03-19 5 of 171 City Council Agenda December 3, 2019 communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 12-03-19 6 of 171 CITY OF CUPERTINO Legislation Text Subject: Councilmembers elect Mayor Make nominations and elect Mayor File #:19-6485,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 7 of 171 CITY OF CUPERTINO Legislation Text Subject: Councilmembers elect Vice Mayor Make nominations and elect Vice Mayor File #:19-6486,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 8 of 171 CITY OF CUPERTINO Legislation Text Subject: Mayor takes Oath of Office Mayor takes Oath of Office File #:19-6487,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 9 of 171 CITY OF CUPERTINO Legislation Text Subject: Vice Mayor takes Oath of Office Vice Mayor takes Oath of Office File #:19-6488,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 10 of 171 CITY OF CUPERTINO Legislation Text Subject: Comments by new Mayor Comments by new Mayor File #:19-6489,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 11 of 171 CITY OF CUPERTINO Legislation Text Subject: Comments by Councilmembers Comments by Councilmembers File #:19-6490,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 12 of 171 CITY OF CUPERTINO Legislation Text Subject: Members of the audience are invited to speak (no Speaker Cards necessary) Members of the audience are invited to speak File #:19-6491,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 13 of 171 CITY OF CUPERTINO Legislation Text Subject: The public is invited to attend a reception in the lobby The public is invited to attend a reception in the lobby File #:19-6492,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 14 of 171 CITY OF CUPERTINO Legislation Text Subject: Report on Committee assignments Report on Committee assignments File #:19-5173,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 15 of 171 CITY OF CUPERTINO Legislation Text Subject: Approve the November 5 City Council minutes Approve the November 5 City Council minutes File #:19-5184,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 16 of 171 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, November 5, 2019 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Steven Scharf called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod Sinks, and Jon Robert Willey. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange Recommended Action: Receive presentation from Toyokawa Sister City delegation regarding recent student exchange Cupertino-Toyokawa Sister City President Alysa Sakkas gave a presentation about Toyokawa and the organization. The delegation members spoke about their experiences on the trip. Council received the presentation from Toyokawa Sister City delegation regarding recent student exchange. 2. Subject: Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. Recommended Action: Receive Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. 12-03-19 17 of 171 Fine Arts Commission Chair Rajeswari Mahalingam introduced the winners and Mayor Scharf presented the awards. Council received the Fine Arts Commission presentation of the 2019 Distinguished and Emerging Artist Winners. 3. Subject: Presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. Recommended Action: Receive presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. The Divergent Debuggers gave a presentation. Council received the presentation on pedestrian safety by Divergent Debuggers First Lego League robotics team. POSTPONEMENTS – None ORAL COMMUNICATIONS Sandy James (Cupertino resident) on behalf of the Cupertino Veterans Memorial talked about the upcoming Veterans Day celebration on November 11 at Memorial Park. Dennis Whittaker (Cupertino resident) on behalf of American Legion Post 642 talked about the upcoming Wreaths across America event on December 14 at Gate of Heaven Cemetery. Brooke Ezzat (Cupertino resident) talked about good governance and transparency. Keith Kraft (Cupertino resident) talked about traffic concerns around the “tri-school” area. (Provided written comments). Jim Moore (Cupertino resident) talked about hillside development and calculating slope percentages. Connie Cunningham (Cupertino resident) talked about Apple funding and affordable housing. Caryl Gorska (Cupertino resident) talked about general governance, housing, and overcrowding. 12-03-19 18 of 171 Lisa Warren talked about an upcoming meeting regarding the Flint Center; concern over bad driving in Cupertino and safety; request to agendize recently passed housing bills. REPORTS BY COUNCIL AND STAFF (10 minutes) 4. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments Councilmembers highlighted the activities of their various committees. CONSENT CALENDAR Paul moved and Scharf seconded to approve items on the Consent Calendar as presented except for item numbers 6 and 7 which were pulled for discussion. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. 5. Subject: Approve the October 15 City Council minutes Recommended Action: Approve the October 15 City Council minutes Written communications included an amended page to the minutes. 6. Subject: Mitigation Fee Act - Annual & Five-Year Report - Fiscal Year 2018-2019 Recommended Action: 1) Accept the Annual & Five-Year Review of the City of Cupertino's Development Impact Fees (Government Code Section 55000 et seq.); and 2) Adopt Resolution No. 19-132 entitled "A Resolution of the Cupertino City Council Approving the Annual & Five-Year Development Impact Fee Report for FY Ending June 30, 2019 and Making Required Findings." Lisa Warren spoke on this item – request to go to Planning Commission first. Sinks moved and Scharf seconded to 1) Accept the Annual & Five-Year Review of the City of Cupertino's Development Impact Fees (Government Code Section 55000 et seq.); and 2) Adopt Resolution No. 19-132 entitled "A Resolution of the Cupertino City Council Approving the Annual & Five-Year Development Impact Fee Report for FY Ending June 30, 2019 and Making Required Findings." The motion carried unanimously. 7. Subject: Adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. No authorization for design, construction or budget action requested at this time. 12-03-19 19 of 171 Recommended Action: Adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. Written communications included emails to Council and a presentation. Director of Public Works Roger Lee reviewed the presentation. Mayor Scharf opened public comment and the following individuals spoke: Stephanie and Jake Miller (Cupertino resident) – in favor Cade Feldman (Cupertino resident) – in favor Tanith Feldman (Cupertino resident) – in favor Amritha Seshaadin and kids (Cupertino resident) – in favor Julie Orr (Cupertino resident) – in favor John Jensen (Cupertino resident) - in favor Vaasav Molas (Cupertino resident) - in favor Demitri Verstarc (Cupertino resident) - in favor Yulin (Cupertino resident) - in favor Wil Fluewelling on behalf of Stevens Creek PTO (Cupertino resident) - in favor Pamela Hawkes on behalf of Sunny View Manor (Cupertino resident) – in favor Rich Williams (Cupertino resident) - in favor Neesha Tambe (Cupertino resident) - in favor Jian He (Cupertino resident) – in favor Carol Stanek (Cupertino resident) - in favor Shani Kleinhaus on behalf of Audubon Society – no transparent structures on bridge for bird safety Byron Rovegno (Cupertino resident) – in favor Richard Lowenthal (Cupertino resident) - in favor Tom Scannell (Cupertino resident) - in favor Geoff Paulsen (Cupertino resident) – in favor Keith Kraft (Cupertino resident) – in favor Mayor Scharf closed public comment. Sinks moved and Scharf seconded to adopt Resolution No. 19-133 to accept the September 30, 2019 Carmen Road Pedestrian/Bicycle Bridge Feasibility Study Report. The motion carried unanimously. Council recessed from 8:45 p.m. to 8:55 p.m. 12-03-19 20 of 171 SECOND READING OF ORDINANCES 8. Subject: An Ordinance amending Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the 2019 California Building Standards Code as mandated by the State of California with certain exceptions, deletions, modifications, additions, and amendments. Recommended Action: Staff recommends that the City Council conduct the second reading to enact Ordinance No. 19-2189: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments,” (the “Ordinance”), attached as Attachment A. City Clerk Grace Schmidt read the title of Ordinance No. 19-2189: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.40, 16.54, and 16.58 and Adding Chapters 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the 2019 California Buildin g, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments.” Paul moved and Scharf seconded to read Ordinance No. 19-2189 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse: None. Paul moved and Scharf seconded to enact Ordinance No. 19-2189. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse: None. PUBLIC HEARINGS 9. Subject: Consideration of Municipal Code Amendments to the Cupertino Municipal Code, Title 5, adopting new policies regulating the sale of tobacco, such as requiring a local permit to sell tobacco products, prohibiting the sale of flavored tobacco, prohibiting new businesses from selling tobacco near schools and reducing to bacco retailer density, prohibiting tobacco sales at pharmacies and in vending machines, and limiting storefront signage. Recommended Action: 1. Conduct the first reading of Ordinance No. 19-2190: “An ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5 12-03-19 21 of 171 (Business Licenses and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)”; 2. Authorize the City Manager to negotiate and enter into a Memorandum of Understanding (MOU) with the County of Santa Clara to administer, implement, and enforce Cupertino’s ordinance; and 3. Find that the proposed actions are exempt from CEQA. Written communications for this item included emails to Counc il and a presentation. Consultant from Santa Clara County Department of Public Health Leslie Zellers and Assistant to the City Manager Katy Nomura reviewed the presentation. Staff answered questions from Council. Mayor Scharf opened the public hearing and the following individuals spoke: William Yang (Cupertino resident) – in favor Marissa Jensen (Cupertino resident) – in favor Carol Baker (Cupertino resident) on behalf of Tobacco Free Coalition of SCC - in favor Rosalyn Moyan on behalf of Santa Clara County Coalition - in favor Randy Uang on behalf of Breathe California - in favor Tanya Paygappilly on behalf of breathe California – in favor Dionisio Palencia (San Jose resident) on behalf of American Heart Association – in favor Jan Parcel (Cupertino resident) – opposed Smitha Gundavajhala (Cupertino resident) on behalf of San Mateo County Tobacco Education Coalition – in favor Bobo Kwok (Sunnyvale resident) on behalf of CADA– in favor Afroze Khan (Cupertino resident) on behalf of API-CHAT and CADA – in favor Geoff Paulsen (Cupertino resident) – in favor Barry Chang (Cupertino resident) – in favor Mayor Scharf closed the public hearing. Staff answered questions from Council. City Clerk Grace Schmidt read the title of Ordinance No. 19 -2190: “An Ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5 (Business Licenses and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)”. 12-03-19 22 of 171 Paul moved and Sinks seconded to read Ordinance No. 19-2190 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse: None. Paul moved and Sinks seconded to authorize the City Manager to negotiate and enter into a Memorandum of Understanding (MOU) with the County of Santa Clara to administer, implement, and enforce Cupertino’s ordinance. The motion carried unanimously. Paul moved and Sinks seconded to find that the proposed actions are exempt from CEQA. The motion carried unanimously. Sinks moved and Scharf seconded to direct staff to bring back changes to the ordinance but not as part of the second reading after appropriate outreach to ban all vaping products and bring back information regarding smoke free housing. After further discussion, Sinks withdrew his motion and Council gave consensus to bring back both items to a future meeting. ORDINANCES AND ACTION ITEMS 10. Subject: Consider whether to authorize the formal submission and processing of a General Plan Amendment application to allow 29 units where four (4) units are currently allowed on an 86-acre hillside property, on the west side of the City adjacent to Linda Vista Park, with an average slope of ~48% which would require General Plan Amendments to change the existing General Plan Land Use Designation. (Application No.(s): GPAAuth-2019-01; Applicant: Lixin Chen; Location: APN(s): 356-27-026, 356-05-007, 356-05-008. Recommended Action: Determine if the proposed project described in General Plan Amendment Authorization application (GPAAuth-2019-01) is authorized to proceed to apply for the requested General Plan Amendments. If authorized, adopt Resolution No. 19- 134 authorizing a perspective development proposal described in the Canyon View Project General Plan Amendment Authorization application, No: GPAAuth-2019-01, to proceed with a General Plan Amendment application. Written communications for this item included emails to Council and a presentation. Senior Planner Erick Serrano reviewed the presentation. Mayor Scharf opened public comment and the following individuals spoke: Stephen Jacobs (Cupertino resident) – opposed Dr. Wagee Ishak (Cupertino resident) – neither in favor or against 12-03-19 23 of 171 Lareen Jacobs (Cupertino resident) - opposed Geoff Paulsen (Cupertino resident) – opposed Ethan Thorman (Cupertino resident) – opposed Steve Garrity (Sunnyvale resident) on behalf of Friends of Stevens Creek Trail Neil McClintick (Cupertino resident) – in favor Rose Friedland (Cupertino resident) – opposed Peter Friedland (Cupertino resident) - opposed Jim Moore (Cupertino resident) – opposed (provided written comments) Govind (Cupertino resident) – opposed (provided written comments) Connie Cunningham (Cupertino resident) – opposed Caryl Gorska (Cupertino resident) – opposed Linda Ruthruff on behalf of California Native Plant Society – opposed Yixin Pan (Cupertino resident) – in favor Bob McKibbin (Cupertino resident) – opposed Jean Bedord (Cupertino resident) – in favor Susan Chen (Cupertino resident) and architect of project – in favor Shani Kleinhaus o behalf of Santa Clara County Audubon Society – opposed Gary Newman (Cupertino resident) – opposed LisaWarren - opposed Mayor Scharf closed public comment. The applicant gave a presentation. Staff and the applicant answered questions from Council. Paul moved and Scharf seconded to not authorize the project to proceed to apply for the requested General Plan Amendments and advise the applicant to follow the GPA Authorization process either to resubmit in 30 days or resubmit in May with respect to feedback and commentary from the public and the Council. The motion carried unanimously. ORAL COMMUNICATIONS - CONTINUED (As necessary) - None COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS Councilmembers highlighted the activities of their various community events. Sinks/Scharf concurred to agendize a Council discussion on the FASTER initiative to raise sales tax 1%. 12-03-19 24 of 171 ADJOURNMENT At 1:44 a.m. on Wednesday, November 6 , Mayor Scharf adjourned the meeting. _______________________ Grace Schmidt, City Clerk 12-03-19 25 of 171 CITY OF CUPERTINO Legislation Text Subject: Approve the November 19 City Council minutes Approve the November 19 City Council minutes File #:19-5185,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 26 of 171 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, November 19, 2019 SPECIAL CITY COUNCIL MEETING At 5:31 p.m. Mayor Steven Scharf called the Special City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. ROLL CALL Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod Sinks, and Jon Robert Willey. Absent: None. STUDY SESSION 1. Subject: Study session regarding policy options to reduce the use of natural gas and increase electrification of Cupertino’s building stock via local amendments to the 2019 California Energy & Green Building Standards Codes (Reach Codes). Recommended Action: Provide direction on policy options to reduce the use of natural gas and increase electrification of Cupertino’s building stock via local amendments to the 2019 California Energy and Green Building Standards Codes. Written communications for study session included emails to Council and a presentation. Sustainability Manager Andre Duuvoort introduced consultant John Supp, Silicon Valley Clean Energy Authority Account Services Manager, and reviewed the presentation. Staff and consultant answered questions from Council. Mayor Scharf opened public comment and the following individuals spoke: Jennifer Griffin- discuss and study Anika Huang (Santa Clara resident) on behalf of Cupertino Youth Climate Action Team- in favor Sanat Singhal on behalf of Cupertino Youth Climate Action Team– in favor (provided written comments). 12-03-19 27 of 171 Sofia Wang (Cupertino resident)- in favor Helen Deng– in favor Linda Sell (Sunnyvale resident) on behalf of Bay Area for Clean Environment– in favor Rose Grymes (Cupertino resident)– in favor Vignesh Swaminathan (Cupertino resident) on behalf of the Sustainability Commission – in favor Dashiell Leeds on behalf of Sierra Club Loma Prieta Chapter– in favor Gary Latshaw (Cupertino resident) on behalf of Bay Area for Clean Environment– in favor Hoi Yung Poon (San Jose resident) on behalf of Silicon Valley Youth Climate Action– in favor Ida Rose Sylvester (Mountain View resident) on behalf of Fossil Free Buildings Campaign– in favor James Tulaya (Sunnyvale resident) on behalf of Carbon Free Silicon Valley– in favor Danielle Burnett-Foster (Cupertino resident)– in favor Patrick Ahrens (Cupertino resident)– in favor Neil (Cupertino resident)– in favor Mayor Scharf closed public comment. Council conducted the study session regarding policy options to reduce the use of natural gas and increase electrification of Cupertino’s building stock via local amendments to the 2019 California Energy and Green Building Standards Codes. Council comments included:  Overall support for going all-electric  Climate change crisis/urgency  Need community outreach and education  Conduct induction demonstration workshop at Quinlan Community Center. To be recorded for availability on website.  Look into solutions along lines of parking  Look into cost savings ADJOURNMENT At 6:54 p.m., Mayor Scharf adjourned the Special meeting. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE 12-03-19 28 of 171 At 6:54 p.m. Mayor Steven Scharf called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod Sinks, and Jon Robert Willey. Absent: None. Council voted to reorder the agenda to hear Item No. 7 before Item No. 6 (unanimous). CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Certificates of Appreciation to the Cupertino Citizen Corps for their assistance with the recent Public Safety Power Shutdown (PSPS) Recommended Action: Present Certificates of Appreciation to the Cupertino Citizen Corps for their assistance with the recent Public Safety Power Shutdown (PSPS) Mayor Scharf presented Certificates of Appreciation to the Cupertino Citizen Corps for their assistance with the recent Public Safety Power Shutdown (PSPS). 2. Subject: Certificates of Appreciation to volunteers at the Silicon Valley Korean School (SVKS) Recommended Action: Present Certificates of Appreciation to volunteers at the Silicon Valley Korean School (SVKS) Silicon Valley Korean School Young Vice Principal Sook Kim introduced a student representative who gave a brief presentation. Mayor Scharf presented Certificates of Appreciation to volunteers to the Silicon Valley Korean School (SVKS). 3. Subject: Proclamation for Lung Cancer Awareness Month Recommended Action: Present proclamation for Lung Cancer Awareness Month Yoyo Wang, co-founder of the American Lung Cancer Screening Initiative gave a brief presentation regarding lung cancer awareness. Mayor Scharf presented a proclamation to Yoyo Wang for Lung Cancer Awareness Month. 12-03-19 29 of 171 4. Subject: Presentation by Cupertino-Copertino, Italy Sister City Committee adult delegation regarding recent trip Recommended Action: Receive presentation by Cupertino-Copertino, Italy Sister City Committee adult delegation regarding recent trip Helene Davis, President of the Cupertino-Copertino, Italy Sister City Committee introduced representatives from the adult delegation who gave a brief presentation regarding the recent trip. The delegation presented the Mayor with a ceremonial gift. Council received the presentation. 5. Subject: Presentation by Judy Miner, Chancellor of Foothill-De Anza Community College on the planning process for the facility that will replace De Anza's Flint Center Recommended Action: Receive Presentation by Judy Miner, Chancellor of Foothill-De Anza Community College on the planning process for the facility that will replace De Anza's Flint Center Judy Miner, Chancellor of Foothill-De Anza Community College and Board of Trustees President Pearl Cheng gave a presentation on the planning process for the facility that will replace De Anza's Flint Center. The presenters answered questions from Council. Council received the presentation. REPORTS BY COUNCIL AND STAFF (10 minutes) 7. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments City Manager Deb Feng gave a statement regarding the Vallco demolition. POSTPONEMENTS 6. Subject: Continue Item No. 15 Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments to a future meeting date and item will be renoticed. These topics will be discussed in the study session. 12-03-19 30 of 171 Recommended Action: Continue Item No. 15 Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments to a future meeting date. Continued Item No. 15 Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments to a future meeting date. ORAL COMMUNICATIONS Sujatha Venkatraman, on behalf of West Valley Community Services, talked about fighting hunger and homelessness, partnership with the City (submitted written comments). Jennifer Griffin talked about San Jose’s urban village shopping center and those students going to Cupertino High School, and the nearby Safeway remaining open. Shirley Hung (San Jose resident) talked about food safety concerns from purchasing expired foods from Marina Foods and related health issues for seniors. Shiv Shah (Santa Clara resident) talked about bike safety on N. Tantau to Cupertino High School and suggestions for the bike lanes. Jean Bedord provided written comments regarding Planning Commissioner Ray Wang on behalf of Ian Greensides. Pamela Hershey talked about Vallco and the demolition of the Sears Auto Center, reassurance about black dust and toxicity. Lisa Warren talked about improving R1 requirements for balconies and trees, addressing tree size and distance requirements, and balcony privacy concerns. Dana Techmanski talked about Vallco and Sand Hill, materials being removed, exposure to dust and asbestos around adjacent homes. R Wang (representing self) talked about ways to communicate with citizens, complaints about balconies and trees, and maintaining privacy; and free speech and defamation. Qin Pan (representing herself) talked about the demolition at Vallco and the City taking measures to protect the neighbors from debris and materials. Council recessed from 8:45 p.m. to 8:55 p.m. 12-03-19 31 of 171 CONSENT CALENDAR Paul moved and Scharf seconded to approve items on the Consent Calendar as presented except for item numbers 8, 9, and 10 which were pulled for discussion. Ayes: Scharf, Chao, Paul, and Willey. Noes: None. Abstain: None. Absent: Sinks. 8. Subject: Annual adoption of Other Post-Employment Benefits (“OPEB”) Trust Investment Policy. Recommended Action: Adopt Resolution No. 19-135 accepting the City Investment Policy for the OPEB Trust. Finance Manager Zachary Korach answered questions from Council. Paul moved and Chao seconded to Adopt Resolution No. 19-135 accepting the City Investment Policy for the OPEB Trust. The motion carried with Sinks absent. 9. Subject: Annual adoption of Pension Trust Investment Policy. Recommended Action: Adopt Resolution No. 19-136 accepting the City Investment Policy for the Pension Trust. Finance Manager Zachary Korach answered questions from Council. Paul moved and Chao seconded to Adopt Resolution No. 19-136 accepting the City Investment Policy for the Pension Trust. The motion carried with Sinks absent. 10. Subject: Treasurer’s Investment Report for period ending September 30, 2019 Recommended Action: Accept staff report and provide recommendations. Finance Manager Zachary Korach answered questions from Council. Paul moved and Chao seconded to Accept Treasurer’s Investment Report for period ending September 30, 2019. The motion carried with Sinks absent. 11. Subject: Department of Housing and Community Development (HCD) Senate Bill (SB) 2 Planning Grants Program Application Recommended Action: Adopt Resolution No. 19-137 authorizing application for, and receipt of, SB 2 Planning Grants Program Funds 12. Subject: Application for Alcoholic Beverage License for Welcome Market Inc (dba 99 Ranch Market), 10425 S. De Anza Boulevard 12-03-19 32 of 171 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Welcome Market Inc (dba 99 Ranch Market), 10425 S. De Anza Boulevard. 13. Subject: Application for Alcoholic Beverage License for Welcome Market, Inc (dba 99 Ranch Market), 10983 N. Wolfe Rd. Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Welcome Market Inc (dba 99 Ranch Market), 10983 N. Wolfe Road. SECOND READING OF ORDINANCES 14. Subject: Second reading of Municipal Code Amendments to the Cupertino Municipal Code, Title 5, adopting new policies regulating the sale of tobacco, such as requiring a local permit to sell tobacco products, prohibiting the sale of flavored tobacco, prohibiting new businesses from selling tobacco near schools and reducing tobacco retailer density, prohibiting tobacco sales at pharmacies and in vending machines, and limiting storefront signage. Recommended Action: Conduct second reading and enact Ordinance No. 19-2190; "An ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5 (Business Licenses and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)" Deputy City Clerk Kirsten Squarcia read the title of Ordinance No. 19-2190; "An ordinance of the City Council of the City of Cupertino adding chapter 5.50 to title 5 (Business Licenses and Regulations) to regulate the sale of tobacco products and repealing chapter 10.27 of the Municipal Code (Cigarette and/or Tobacco Vending Machines)" Paul moved and Scharf seconded to read Ordinance No. 19-2190 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Scharf, Chao, Paul, and Willey. Noes: None. Abstain: None. Absent: Sinks. Recuse: None. Paul moved and Scharf seconded to enact Ordinance No. 19-2190. Ayes: Scharf, Chao, Paul, and Willey. Noes: None. Abstain: None. Absent: Sinks. Recuse: None. REPORTS BY COUNCIL AND STAFF (10 minutes) - CONTINUED 7. Subject: Report on Committee assignments Recommended Action: Report on Committee assignments 12-03-19 33 of 171 Councilmembers highlighted the activities of their various committees. PUBLIC HEARINGS 15. Subject: Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments has been continued to a future meeting date and item will be renoticed. These topics will be discussed in the study session. Recommended Action: Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments has been continued to a future meeting date. Under Postponements, this item was continued to a future meeting and will be renoticed. ORDINANCES AND ACTION ITEMS 16. Subject: Update on Library Expansion Project, selection of Conceptual Design, approval of project delivery method, and direction on project funding. Recommended Action: 1. Conceptual Design: Select either the One-Story or the Two-Story Conceptual Design. Additional actions listed below as determined by Conceptual Design selection. 2. One-Story Conceptual Design a. Approve use of a traditional Design-Bid-Build project delivery method. b. Authorize the City Manager or her designee to negotiate and enter into all agreements as necessary with a qualified architectural firm and construction/project management firm for an amount not-to-exceed $808,200. 3. Two-Story Conceptual Design a. Authorize use of a Design-Build project delivery method, using best value selection, assuming Design-Build is determined to be feasible. b. Approve Resolution 19-138 executing a loan agreement of up to $3,000,000 from the General Fund to Capital Fund for the Library Room Expansion. c. Approve Budget Amendment 1920-070 increasing appropriation by $3,000,000 for the Library Expansion Project. d. Authorize the City Manager or her designee to negotiate and enter into all agreements as necessary with a qualified architectural firm and construction/project management firm for an amount not- to-exceed $1,870,500. 4. Staffing: Authorize transfer of a 3-year Limited Term Project Manager in the Department of Public Works from the new City Hall project to the Library Expansion Project. Written communications for this item included a presentation. Director of Public Works Roger Lee, Assistant City Manager Dianne Thompson, Capital Improvement Program Manager Michael Zimmerman, and County Librarian and Executive Director of the Santa Clara County Library District Nancy Howe reviewed the presentation. 12-03-19 34 of 171 Mayor Scharf opened public comment and the following individuals spoke: Amanda Wo (Cupertino resident) on behalf of the Library Commission- in favor of two- story option Kitty Moore (representing self)- in favor of two-story option Qin Pan (Cupertino resident, representing self) - in favor of two-story option Liana Crabtree (representing self)- in favor, parking constraints, overflow and signage Gilbert Wong (representing self)- in favor Kirin Varshneya on behalf of Cupertino Library Foundation- in favor Art Cohen (Morgan Hill resident) on behalf of the Cupertino Library Foundation- in favor of two-story option Henry Sang on behalf of Cupertino Library Foundation- in favor of two-story option (provided written comments) Lisa Warren- in favor of two-story option, bird safety Rahul Vasanth (representing self)- in favor of two-story option Mayor Scharf closed public comment. Staff and presenters answered questions from Council. Paul moved and Scharf seconded to: 1. Select the two-story conceptual design provided in the staff report accompanying agenda item 16 with the following additional elements of: a. Further partitioning off the second-story spaces of the divided program room into meeting-oriented sub-spaces. b. Opportunities for fundraising within the physical design. c. Potential re-design of the restrooms. d. Potential opening up of the first floor on the northern and/or southern sides of the story room to the courtyard and redwood grove, respectively. e. Potential integration of design elements of the library expansion with the natural elements contained in the courtyard and redwood grove. f. A potential balcony on the second story. 2. Further, for the Two-Story Conceptual Design: a. Authorize use of a Design-Build project delivery method, using best value selection, assuming Design-Build is determined to be feasible. b. Approve Resolution 19-138 executing a loan agreement of up to $3,000,000 from the General Fund to Capital Fund for the Library Room Expansion. c. Approve Budget Amendment 1920-070 increasing appropriation by $3,000,000 for the Library Expansion Project. 12-03-19 35 of 171 d. Authorize the City Manager or her designee to negotiate and enter into all agreements as necessary with a qualified architectural firm and construction/project management firm for an amount not-to-exceed $1,870,500.; and 3. For Staffing: Authorize transfer of a 3-year Limited Term Project Manager in the Department of Public Works from the new City Hall project to the Library Expansion Project. The motion carried with Sinks absent. 17. Subject: Approve the First Quarter Financial Report for Fiscal Year 2019-20 Recommended Action: 1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2019-20 2. Adopt Resolution No. 19-139 approving First Quarter budget adjustments 3. Adopt Resolution No. 19-140 amending the Compensation Program for the Unrepresented (Management and Confidential) Employees Written communications for this item included a presentation. Director of Administrative Services Kristina Alfaro introduced the item and Finance Manager Zachary Korach reviewed the presentation. Mayor Scharf opened public comment and the following individuals spoke: Jennifer Griffin- rezoning Lehigh quarry, protecting sensitive environmental areas. Mayor Scharf closed public comment. Staff answered questions from Council. Paul moved and Willey seconded to: 1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2019-20 2. Adopt Resolution No. 19-139 approving First Quarter budget adjustments 3. Adopt Resolution No. 19-140 amending the Compensation Program for the Unrepresented (Management and Confidential) Employees. The motion carried with Sinks absent. ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS Councilmembers highlighted the activities of their various community events. 12-03-19 36 of 171 Willey/Scharf concurred to agendize a presentation by Cupertino High School seniors on Vallco Willey/Paul concurred to agendize a study session on Apple's bay area affordable housing projects. ADJOURNMENT At 1:10 a.m. on Wednesday, November 20 , Mayor Scharf adjourned the meeting. ________________________________ Kirsten Squarcia, Deputy City Clerk 12-03-19 37 of 171 CITY OF CUPERTINO Legislation Text Subject: Declare properties as having potential fire hazards or other potential nuisances from weeds for the Cupertino Weed Abatement Program; set hearing date to declare a public nuisance and to consider objections for proposed removal. Adopt Resolution No. 19-141 declaring properties as having potential fire hazards or other potential nuisances from weeds; and set hearing on January 21, 2020 to declare a public nuisance and to consider objections for proposed removal. File #:19-5241,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 38 of 171 CITY COUNCIL STAFF REPORT Meeting: December 3, 2019 Subject Declare properties as having potential fire hazards or other potential nuisances from weeds for the Cupertino Weed Abatement Program; set hearing date to declare a public nuisance and to consider objections for proposed removal. Recommended Action Adopt the Draft Resolution declaring properties as having potential fire hazards or other potential nuisances from weeds; and set hearing on January 21, 2020 to declare a public nuisance and to consider objections for proposed removal. Discussion The Cupertino Weed Abatement Program is in place to prevent fire hazards and other nuisances posed by vegetative growth (weeds) and the accumulation of combustible materials. This program is managed by the Santa Clara County Department of Agriculture. Cupertino Municipal Code Chapter 9.08 requires property owners to remove or destroy weeds on their property for fire and public health protection. The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner doesn’t, and allow the County to recover the costs of abatement. Process for Weed Abatement Program Outlined The process consists of eight steps that begin in November and go through August of each year , as shown on the following list. At this time the process is at Step No. 2. On November 11, 2019, the County filed with the City the report of properties that have been identified as being noncompliant with the abatement program requirements (Attachment B, Exhibit A in Resolution). The attached Resolution declares these properties as being a potential fire hazard due to weeds and/or combustible materials, or a potential nuisance due to weeds that are noxious, dangerous, or pose health risks. If Council wishes to adopt it, property owners on the report will receive a notice from the County indicating that their property must be abated, and that the City Council will conduct a public hearing on January 21, 2020 in order to consider objections to the proposed abatement. 12-03-19 39 of 171 During the public hearing on January 21, the Council will be asked to approve the Weed Abatement Program report and to declare a public nuisance. If approved, the County will be authorized to perform an inspection of the properties on the report to determine if the property has met the Weed Abatement Program requirements. Property owners will have until April 30 , 2020 to abate their property. 1. County prepares a report of all properties that have been non-compliant in removing weeds in the last three years and provides that report to the City (Nov) (Attachment B). 2. City Council adopts a resolution declaring properties as having potential fire hazards or other potential nuisances from weeds and sets hearing to declare public nuisance and to consider objections for proposed removal (Nov-Dec) (Attachment A). 3. County sends notice to the property owners on the report notifying them of the hearing date and explaining that they must remove weeds by the abatement deadline of April 30 or it will be done for them, and with cost of the abatement plus administrative costs assessed to their property (Dec). 4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement (Jan-Feb). 5. County sends a courtesy letter to property owners listed on the report, notifying them again of the abatement deadline, and noting that they will work with the property owner to be sure the weeds are removed (Jan-Feb). 6. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails. County makes a report of all costs associated with the abatement and provides that report to the City (June-July). 7. City notifies the property owners listed on the assessment report, notifying them of the hearing date. (July-Aug). 8. City Council holds a hearing, notes any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement (July-Aug). _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: Deborah Feng, City Manager Attachments: A - Draft Resolution and Exhibit A B – 2020 Cupertino Commencement Report (Exhibit A) 12-03-19 40 of 171 RESOLUTION NO. 19- A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A POTENTIAL FIRE HAZARD OR OTHER POTENTIAL NUISANCES AND SETTING A HEARING TO DECLARE PUBLIC NUISANCE AND FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, weeds as described in Chapter 9.08 of the Cupertino Municipal Code are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds are undesirable, noxious, and dangerous and/or due to their rapid growth are or may become a fire menace; as such, said weeds constitute a potential public nuisance under state law and Chapter 9.08 of the Cupertino Municipal Code; and WHEREAS, property owners and other persons occupying or having charge or control of any building, lot, or premises within the City are required to remove weeds in accordance with the provisions of Chapter 9.08 of the Cupertino Municipal Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1.Weeds growing upon any private property or in any street or alley within the City in violation of Cupertino Municipal Code, Chapter 9.08 constitute a public nuisance; 2.The weeds found on the streets, sidewalks, highways, roads and private property, which properties are identified by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the County Agricultural Commissioner and attached hereto as Exhibit A, are declared as having potential fire hazards or other potential nuisances due to weeds that are noxious, dangerous, or pose health risks; 3.That the 21st day of January, 2020, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, is hereby set as the time and place to 12-03-19 41 of 171 declare weeds on these properties to be a public nuisance and where all property owners having any objections to the proposed removal of such weeds may be heard; 4. That the Agricultural Commissioner is hereby designated and ordered to give notice of the adoption of this resolution, in the manner and form provided in Chapter 9.08 of the Cupertino Municipal Code. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of December 2019 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ___________________ ________ Steven Scharf, Mayor City of Cupertino _________________________ Date ATTEST: _________________________________ Grace Schmidt, City Clerk _________________________ Date 12-03-19 42 of 171 2O2O WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOAPNCITY/STATECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSAN JOSECUPERTINOCUPERTINOCUPERTINOSARATOGACUPERTINOSAN JOSECUPERTINOCUPERTINOSAN JOSECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSAN CARLOSLOS GATOS101751053 It96411966120111010047100361039s2098s104671049010692107120r074422s77226610106252302600PLAVDRDRLNRDRDRDDRDRAVPLPLBLRDRDRDRDRDAVMC LARENPORTALDRAKEDRAKEAPPLE TREECRESCENTCRESCENTSTELLINGGARDEN GATEGLENCOECASTINEPEBBLEPEBBLESTEVENSSANTALUCIASAN ruANSAN JUANELCERzuTOCORDOVAVOSS(LAND 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JASON CAND FANG, YING HOLIN, JASON CHARDEMAN, MELODYF ETALHODA, MD AND BEGUM, RASHIDALINION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONUNION PACIFIC CORPORAIIONLTNION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONCACACACACACACACACACACACACACACACACACACACACACACA9501494087-000095125-451495014-401695014-471195015-29189412194303-00009s014-000095014-182495014-48 I I95r25-320095014-421495014-164395014-217095014-295595014-00009574795747957479574795747957470046 records oÍ 127Santa Clara County Weed Abatement ProgramPage212-03-19 44 of 171 2O2O WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitusI 1031l6l758520666206s211835l18410769021660216s02204522045APNRD 362-22-006RD 362-22-018DR 362-24-003AV 362-31-001AV 362-31-002362-3r-030wY 366-03-056wY 366-03-062LN 366-09-053DR 366-11-114cr 366-38-006cr 366-38-007RD 366-46-004RD 366-46-005RD 366-46-006RD 366-46-007DR 369-07-015DR 369-07-0'16DR 369-08-033AV 369-12-035AV 369-13-029DR 369-14-008AV 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127Santa Clara County Weed Abatement ProgramPage 512-03-19 53 of 171 2O2O WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitusCARVERTUGGLETUGGLEPENDERGASTMORENGOMORENGOTUGGLEMORENGOCULBERTSONHYDETILSONMILLERAPN375-32-021375-32-024375-32-026375-33-033375-34-013375-34-015375-34-045375-35-059375-36-027375-39-004375-40-060375-42-01210616l 88701885018931106s7106'13I 8930107321062792819210678DRAVAVAVDRDRAVDRDRAVAVAVYETTAW JACKIEAAND JERRI LDELA CRUZ, SHERWIN PETER LZHU, XINGLEI AND YIN, WENYUANKAWASAKI ELAINE T TRUSTEEORTIZ, ROSAF ETALSHARMA, SUBHASH CAND MAMTASHEN & TIAN LLCZHANG, JIANYONG AND XIAO, YANMC GRATH, PATRICKWBARRACLOUGH WINFIELD J ROARKSINGH, TAJINDER AND SANDHU,JEN KO-TA AND CHRISTINA N10616 CARVER DR18870 TUGGLEAVI8850 TUGGLEAVI893I PENDERGASTAVE10657 MORENGO DR10673 MORENGO DR16230 AZALEAWY10732 MORENGO DR1184 VALELAKE CT928 HYDEAVE1499 WOLFE RD S678 MILLERAVECITY/STATECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOLOS GATOSCUPERTINOSUNNYVALECUPERTINOSUNNYVALECUPERTINOCACACACACACACACACACACACA9s014-360795014-362695014-36269s014-36229s0t4-351395014-35139s032-36229s014-351594089-2032950t4-466394087-363395014-4640127 records o1 127Santa Clara County Weed Abatement ProgramPage 612-03-19 54 of 171 CITY OF CUPERTINO Legislation Text Subject: Accept termination of Bicycle Pedestrian Commission member Pete Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. Accept termination of Bicycle Pedestrian Commission member Pete Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. File #:19-6659,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 55 of 171 CITY COUNCIL STAFF REPORT Meeting: December 3, 2019 Subject Accept termination of Bicycle Pedestrian Commission member Pete Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. Recommended Action Accept termination of Bicycle Pedestrian Commission member Pete Heller and direct staff to fill the unscheduled, partial vacancy in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. Discussion Pete Heller was serving his second term on the Bicycle Pedestrian Commission which expires on January 30, 2021. He resigned his position due to leaving Cupertino effective November 30, thereby leaving an unscheduled vacancy for the remaining portion of his term. The letter of resignation is attached (Attachment A) as well as adopted Resolution No. 16-137 governing City advisory bodies (Attachment B). The unscheduled vacancy will be posted as required. Staff recommends that the partial vacancy be filled in January 2020 concurrent with the annual recruitment for all commission and committee members’ terms expiring in January 2020. The City Council will interview candidates on January 28 and 29, 2020. Besides the unscheduled Bicycle Pedestrian Commission vacancy, Commissions with upcoming vacancies in January 2020 include: Audit Committee (2 seats), Housing Commission (2 seats), Parks and Recreation Commission (2 seats), Public Safety Commission (3 seats), Sustainability Commission (3 seats), and Technology Information and Communications Commission (2 seats). Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Grace Schmidt City Clerk Approved for Submission by: Deborah Feng, City Manager 12-03-19 56 of 171 Attachments: A - Resignation Letter B – Adopted Resolution No. 16-137 Establishing Rules Governing Recruitment, Attendance, Appointments, and Vacancies on City Advisory Bodies 12-03-19 57 of 171 From:Peter Heller To:Grace Schmidt, MMC Cc:Kirsten Squarcia; David Stillman; Gerhard Eschelbeck; Jennifer Shearin; Erik Lindskog; Muni Madhdhipatla; City Council Subject:Resignation from Cupertino bicycle pedestrian Commission Date:Tuesday, November 26, 2019 11:49:20 PM Grace, et. al., Due to my recent move to Redwood Estates in Los Gatos, I must tender my resignation from the Cupertino bicycle pedestrian Commission. Let's make this effective as of November 30th so the slate will be clean for December. I want to thank the current and previous City Councils for the opportunity to serve. I am proud of my service on the commission and the results that have been accomplished with City Council's backing. In fact I would say the city has reached an inflection point for bicycle and pedestrian infrastructure. It's incredible to see the implementation of class 4/ protected bike Lanes on McClellan and the unanimous adoption of the Regnart Creek Trail by the current City Council. Thanks also to David Stillman and Timm Borden for the excellent support they've provided over the years. I wish you all the best of luck and look forward to seeing continued expansion how's the bicycle and pedestrian networks. Best regards, Pete Heller 12-03-19 58 of 171 RESOLUTION NO. 16-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION N0.10-048 AND AMENDING THE RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND APPOINTMENTS PROCESS WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 10-048 and establishes the following rules governing recruitment, appointment and reappointment to City of Cupertino Advisory bodies. A. RECRUITMENT 1. . Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice as follows: • The Cupertino Scene • The Cupertino Courier • The World Journal • The Cupertino City Channel • City Hall bulletin board • The City Clerk's Office • The Cupertino Library • The Cupertino Chamber of Commerce • Cupertino City Web site • Other organizations as appropriate with respect to the openings • All persons with applications on file for that particular commission 12-03-19 59 of 171 Resolution No. 16-137 Page2 2. Two months before regular terms expire, the City Clerk's Office also mails the vacancy notice to the following individuals: • Students and graduates of Cupertino Emergency Response Training • Students or graduates of Leadership Cupertino • Neighborhood Block Leaders • Individuals who have signed up for notification at the Cupertino Town Hall meetings. 3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4. Applications will be retained for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. -Upon receipt of the vacancy notice, the applicant must contact the City Clerk's Office and ask that the application be reactivated. 6. An applicant may file for a maximum of two commissions at any one application period. 7. A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee. 8. Application forms will be available in the City Clerk's Office and will be mailed upon request with information about the opening(s). Application forms will also be available on the City's Web site. 9. No application shall be accepted after the deadline. 10. When the final deadline has passed, the City Clerk's Office will mail applicants the date, time and location of the interviews along with sample questions to consider. 12-03-19 60 of 171 Resolution No. 16-137 Page 3 11. The City Clerk's Office will copy the applicants' written material for Council members. The written material will also be available for public review in the City Clerk's Office. 12. An applicant who is unable to attend the interview may submit a 5- minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant's request upon the approval of the City Clerk. The City will fund these costs. B. INTERVIEWS AND APPOINTMENTS 1. When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk's Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 3. Interviews are informal and usually last 5-8 minutes. Council members are looking for: • Familiarity with the subject • Decision-making ability • Commitment to the position for which they have applied 4. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes. 12-03-19 61 of 171 Resolution No. 16-137 Page4 5. The City Council may appoint alternates to serve on boards, commissions and committees in the event of a vacancy. Such alternates may attend and participate in meetings of the board, commission, or committee but shall not vote in such meetings until such time as a vacancy has occurred and the alternate has filled such vacancy. If the City Council appoints more than one alternate for a particular board, commission or committee, the City Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring in a board, commission, or committee, the first alternate shall fill such vacancy without the need for further City Council action. C. UNSCHEDULED VACANCIES AND ATTENDANCE 1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 3. A member shall be considered removed from an advisory body under the following conditions. • A member misses more than three consecutive meetings • A member misses more than 25 % of the advisory body's meetings in a calendar year 4. It is the responsibility of the advisory body's staff liaison to notify the City Clerk of a member's attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25 % of the meetings, and to send a termination notice if the member has missed more three consecutive meetings or more than 25 % of the meetings in a calendar year. 12-03-19 62 of 171 Resolution No. 16-137 Page 5 5. A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. D. GENERAL PROVISIONS 1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or resolution governing a particular advisory body, the provisions governing that advisory body shall /- prevail. PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Vaidhyanathan, Chang, Scharf, Sinks None Paul None Ef~A L ED ~ 1/eud!~~ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 12-03-19 63 of 171 CITY OF CUPERTINO Legislation Text Subject: Reject all bids received for the Blackberry Farm Slide and Recreation Pool Remodel, (Project No. 2020-10)and authorize the Director of Public Works to competitively solicit contractors to only complete work necessary to resolve spot repair of rust stains in the pools. 1. Receive report on bids for the Blackberry Farm Slide and Recreation Pool Remodel; and 2. Authorize the Director of Public Works to reject all bids for the Blackberry Farm Slide and Recreation Pool Remodel; and 3. Authorize the Director of Public Works to competitively solicit contractors to only complete work necessary to resolve spot repair of rust stains in the pools. File #:19-4925,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 64 of 171 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 3, 2019 Subject Reject all bids received for the Blackberry Farm Slide and Recreation Pool Remodel, (Project No. 2020-10) and authorize the Director of Public Works to competitively solicit contractors to only complete work necessary to resolve spot repair of rust stains in the pools. Recommended Action 1. Receive report on bids for the Blackberry Farm Slide and Recreation Pool Remodel; and 2. Authorize the Director of Public Works to reject all bids for the Blackberry Farm Slide and Recreation Pool Remodel; and 3. Authorize the Director of Public Works to competitively solicit contractors to only complete work necessary to resolve spot repair of rust stains in the pools. Discussion The Blackberry Farm pools were originally purchased in 1991 and were reconditioned in 1995 and re-plastered in 2010. The industry standard to have municipal pools re- plastered and otherwise improved is every 8-10 years. The indicators of work needing to be completed include rough plaster, loose or missing tiles, corroded metal and rust staining. Each of these indicators are currently present. The scope of work that was written to address these issues for the Blackberry Farm Slide and Recreation Pool Remodel Project (Project) includes the following work for both the recreation pool and the slide pool:  Plaster resurfacing (approx. 3,000 square feet in the recreation pool and 2,000 square feet in the slide pool)  Spot repair of underwater rust stains  Deck coping replacement  Handrail replacement  Tile replacement with new markers  Underwater light replacement  Repair of damaged portions of deck Staff issued the advertisement for bids for the Project on October 23, 2019. The bid opportunity was noticed in the Cupertino Courier, trade journals and directly to self- listed interested contractors. Staff also reached out directly to pool contractors. 12-03-19 65 of 171 On November 14, 2019, the City received one (1) bid for the Project. Below is a summary of bids results: Bidder Bid Amount Western Water Features, Inc. $ 469,000 Available Budget $ 192,000 The lone bid submitted by Western Water Features, Inc. is significantly over the available budget and the Engineer’s estimate for the work. Due to the lack of response and high bid amount, rejecting all bids and re-advertising the project with its current scope is not expected to yield different results in this difficult bidding environment and is not recommended. To ensure that the pools can open at the start of the swim season in April, it is necessary to resolve the immediate deficiencies identified by Cal OSHA in this year’s inspection of the facility. The deficiency that needs to be addressed involves rust stains at the bottom of the pool. It is recommended that spot repairs be done to address these rust stains prior to April. The remaining work will be assessed and potentially included in the Fiscal Year 2020-21 Capital Improvement Program recommendations after the spot repairs are complete. Fiscal Impact On June 5, 2018, the City Council allocated $200,000 for this project. Currently, $192,000 is available for improvement work. Spot repair of rust areas is anticipated to cost less than $75,000 and will be authorized by the Director of Public Works after a competitive process without any additional action required by the City Council. All unused funds will be returned to the capital reserve fund. _____________________________________ Prepared by: Alex Acenas, Public Works Project Manager Reviewed by: Michael Zimmermann, Capital Improvement Program Manager Approved for Submission by: Roger Lee, Director of Public Works 12-03-19 66 of 171 CITY OF CUPERTINO Legislation Text Subject: Municipal Code Amendments to Chapter 19.80 to clarify development standards in the Planned Development (P) Zoning Districts (Application No. MCA-2019-005; Applicant: City of Cupertino; Location: In P zoning districts located City-wide); Adoption of the Third Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are Not a Project Under and Exempt from CEQA. That the City Council conduct the first reading of Ordinance No. 19-2191: “An Ordinance of the City Council of the City of Cupertino adopting the Third Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 19.80 (Planned Development (P) Zones) of the Cupertino Municipal Code to Clarify Development Standards in P Zones.” File #:19-6403,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 67 of 171 CITY COUNCIL STAFF REPORT December 3, 2019 Subject Municipal Code Amendments to Chapter 19.80 to clarify development standards in the Planned Development (P) Zoning Districts (Application No. MCA-2019-005; Applicant: City of Cupertino; Location: In P zoning districts located City-wide); Adoption of the Third Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are Not a Project Under and Exempt from CEQA. Recommended Action That the City Council conduct the first reading of the Draft Ordinance: “An Ordinance of the City Council of the City of Cupertino adopting the Third Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 19.80 (Planned Development (P) Zones) of the Cupertino Municipal Code to Clarify Development Standards in P Zones.” (Attachment A). Discussion Background The FY2019/20 City Council Work Program directs the City to clarify objective standards within the City’s General Plan and Municipal Code. The Planning Commission and City Council reviewed areas that were identified by staff as needing clarity through Summer 2019. At the October 1, 2019 City Council meeting, the Council authorized staff to commence amendments identified in Phase 1 as follows:  Community Form Diagram Text Box related to Heart of the City  Community Form Footnotes related to building planes (slope lines)  Cross-reference policies related to Heart of the City subareas  Chapter 19.80 to clarify development standards in Planned Development (P) zones The proposed amendments are to address the development standards in P zones. The proposed amendments have been identified with strikethroughs and underlines (as appropriate) in Attachment B. 12-03-19 68 of 171 Planning Commission Review The proposed amendments were presented to the Planning Commission at a its Regular meeting on November 12, 2019. The Commission received public comments, reviewed the Third Addendum to the Final EIR and the proposed amendments, and voted 3 -0-2 (recused – Moore; absent – Takahashi) to adopt Resolution No. 6889 recommending that the City Council adopt the proposed Ordinance (see Attachment C). Analysis Chapter 19.80 of the Municipal Code governs Planned Development (P) Zones. The Zoning Map identifies properties zoned Planned Development with a “P” designation followed by a zoning reference for the allowed use. For example, P(CG) or P (CG, Res). The Zoning Map is available online at www.cupertino.org/gis. “Conceptual development plans” with broad development standards are proposed and adopted when a property is zoned Planned Development. “Definitive plans” with more specific development standards are proposed and adopted at the time of development within the P Zone. The proposed amendments do not change the allowed uses in P Zones. They merely clarify the development standards. Specifically, for residential P zoning districts, the amendments allow residential and mixed-use residential development to occur without adoption of a definitive plan. The proposed amendments specify that where development standards are not established in a definitive plan (or other plans), the development standards for residential uses shall be those prescribed for the R-3 (multi- family) zone, and the development standards for non-residential uses shall be those prescribed for the zoning districts referenced in the parenthetical following “P” on the zoning map. For non-residential development projects, the development standards would be established through the required conceptual and definitive plans for the site. Residential and mixed-use residential projects could also still propose definitive plans if desired. For residential development, the General Plan anticipates that much of the anticipated development would occur as attached multi-family housing infill developments. The General Plan includes several policies that support infill mixed-use residential development including:  Policy LU-1.3: Land Use in all Citywide Mixed-Use Districts. Encourage land uses that support the activity and character of mixed-use districts and economic goals.  Strategy LU-1.3.1: Commercial and Residential Uses. Review the placement of commercial and residential uses based on the following criteria: 12-03-19 69 of 171 “… 2. All mixed-use residential projects should be designed on the “mixed use village” concept discussed earlier in this Element…”  Policy LU-1.1: Land Use and Transportation. Focus higher land use intensities and densities within a half-mile of public transit service, and along major corridors.  Policy LU-5.2: Mixed-Use Villages. Where housing is allowed along major corridors or neighborhood commercial areas, development should promote mixed-use villages with active ground floor uses and public space. The development should help create an inviting pedestrian environment and activity center that can serve adjoining neighborhoods and businesses.  Strategy LU-8.3.1: Mixed-Use. Consider mixed-use (office, commercial, residential) in certain commercial areas to encourage reinvestment and revitalization of sales - tax producing uses, when reviewing sites for regional housing requirements.  The General Plan also envisions the development of sites with mixed -use zoning within the Special Areas to redevelop in a “mixed-use village” concept which encourages residential development in a mix of units for young professionals, couples and/or active seniors who like to live in an active “mixed -use village” environment. Since the General Plan anticipates the development of sites with multi-family developments in a mixed-use format through infill development, multi-family (R-3) zoning standards would generally apply to residential development being included in the P zoning districts. For mixed-use residential development, the standards are clarified to, similarly, indicate that the zoning standards in the related zoning for the type of use proposed would apply i.e., for property with a mixed-use planned development with commercial and residential uses zoning, the development standards of the General Commercial (CG) zoning and the R-3 zoning would apply. The amendments also clarify that if there are any conflicts in the standards, the most restrictive standard would apply. The proposed amendments will not impede the ability to develop the City’s Regional Housing Needs Allocation or housing for all income levels as anticipated by the City’s Housing Element. They instead allow development of properties without approval of a definitive plan as long as they meet existing zoning standards established in the Municipal Code. Residential and mixed-use residential projects could also still propose definitive plans if desired. The City will thus continue to be able to address its housing needs in compliance with its Housing Element. 12-03-19 70 of 171 Environmental Assessment In 2014, the City Council certified a Final Environmental Impact Report (EIR) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007), which was a program EIR prepared in compliance with California Environmental Quality Act (CEQA) Guidelines Section 15168. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) in connection with the adoption of the Cupertino Community Vision 2015-2040 (General Plan). The following is a timeline of amendments to the project since adoption of the EIR in 2014. The General Plan and Associated Rezoning were adopted in December 2014, the Housing Element Update was adopted in May 2015, and modifications to the text and figures of the General Plan were adopted in October 2015 following adoption of an Addendum to the EIR and again, in August 2019 following adoption of a Second Addendum to the EIR. When a lead agency has certified an EIR, Public Resources Code Section 21166 and CEQA Guidelines 15162 provide that no subsequent environmental review shall be required unless specified conditions have occurred (substantial changes in the project, substantial changes with respect to the circumstances under which the project is undertaken, or new information of substantial importance which was not known and could not have been known when the EIR was certified) and would result in new significant environmental effects or a substantial increase in the severity of significant environmental effects requiring major revisions to the EIR. CEQA Guidelines Section 15164 further states that if some changes or additions to a previously certified EIR are needed, but subsequent review is not required under CEQA Guidelines 15162, an addendum shall be prepared. The City has prepared a Third Addendum to the Final EIR to evaluate whether the proposed modifications to Chapter 19.80 of the Municipal Code described in this Staff Report would require major revisions to the Final EIR or a subsequent EIR due to new significant environmental effects or a substantial increase in the severity of significant environmental effects previously identified in the EIR. The Third Addendum, which is included as Attachment D, provides analysis and cites substantial evidence in support of the conclusion that no subsequent environmental review is required because none of the conditions that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred. Therefore, it is recommended that the Planning Commission recommend adoption of the Third Addendum, and no further environmental review is required for the modifications to Chapter 19.80 - Planned Development (P) zones in the Municipal Code described in this Staff Report. 12-03-19 71 of 171 In the alternative, adopting the proposed amendments to the Municipal Code is not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that the Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. As the proposed amendments merely clarify the development standards that would apply in certain limited circumstances based on existing standards in the event alternative standards are not applied for, they will have no significant impact on the environment. Public Noticing & Outreach The following noticing has been conducted for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda  Legal ad placed in newspaper (at least 10 days prior to hearing)  Display ad placed in newspaper (at least 10 days prior to hearing)  Posted on the City's official notice bulletin board (four days prior to hearing)  Posted on the City of Cupertino’s Web site (four days prior to hearing) Fiscal Impact There are no fiscal impacts of this Municipal Code Amendment. Prepared by: Piu Ghosh, Planning Manager Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Deborah Feng, City Manager ATTACHMENTS A. Draft Ordinance B. Redline document indicating changes in Chapter 19.80. C. Planning Commission Resolution No. 6889 D. Third Addendum to the Final EIR 12-03-19 72 of 171 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE THIRD ADDENDUM TO THE 2014 GENERAL PLAN FINAL EIR AND AMENDMENTS TO CHAPTER 19.80 (PLANNED DEVELOPMENT (P) ZONES) OF THE CUPERTINO MUNICIPAL CODE TO CLARIFY DEVELOPMENT STANDARDS IN P ZONES SECTION I: PROJECT DESCRIPTION Application No: MCA-2019-005 Applicant: City of Cupertino Location: Citywide APN#s: Various SECTION II: RECITALS WHEREAS, the City Council FY2019/2020 Work Program directs the City to clarify objective standards within the City’s General Plan and Municipal Code; and WHEREAS, at the October 1, 2019 Council Meeting, the City Council reviewed areas that were identified by staff and the Planning Commission as needing clarity and authorized staff to commence preparation of amendments to the Planned Development (P) Zones to clarify the development standards; and WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit MCA to clarify the development standards to be applied to non-residential, residential and mixed-use residential projects within P Zones; and WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare, and the amendments herein are necessary to implement the City’s General Plan (Community Vision 2015-2040); and WHEREAS, the proposed modifications to allow development in residential P Zones without the adoption of a definitive plan, and to specify development standards for anticipated uses in P Zones when a definitive plan is not proposed or adopted based on existing development standards for those uses in other zones, will not impede the ability to develop the City’s Regional Housing Needs Allocation or housing for all income levels as anticipated by the City’s Housing Element. The City will thus continue to be able to address the housing needs of the region while clarifying development standards in the P zone; and 12-03-19 73 of 171 WHEREAS, the proposed modifications will not result in any of the conditions requiring preparation of a subsequent EIR as described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162; and WHEREAS, the City has prepared a Third Addendum (“Third Addendum”) to the Final Environmental Impact Report (“Final EIR”) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for Municipal Code Amendments to clarify development standards in the Planned Development (P) Zones in compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, “CEQA Guidelines”); and WHEREAS, the Third Addendum provides analysis and cites substantial evidence that supports the conclusion that no subsequent environmental review is required because there are no substantial changes in the project or the circumstances under which the project is to be undertaken that would result in new or substantially more severe environmental impacts requiring major revisions to the Final EIR, and there is no new information that involves new significant environmental effects or a substantial increase in the severity of previously identified environmental effects that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162; and WHEREAS, in the alternative, adoption of the Ordinance is not a project under CEQA and is exempt from CEQA under Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the clarifying municipal code amendments may have a significant effect on the environment; and WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on November 12, 2019 to consider the Ordinance; and WHEREAS, on November 12, 2019, the Third Addendum was presented to the Planning Commission; and WHEREAS, on November 12, 2019, by Resolution 6889, the Planning Commission recommended on a 3-0-2 vote (Recused – Moore; Absent – Takahashi) that the City Council adopt the Third Addendum for modifications to the project and the proposed Municipal Code Amendments to clarify development standards in the Planned Development (P) Zones; and WHEREAS, on December 3, 2019, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and 12-03-19 74 of 171 WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment and reviewed and considered the information in the Third Addendum, which concludes that no further environmental review is required for the Municipal Code Amendments included in the Ordinance. SECTION III NOW, THEREFORE, BE IT ORDAINED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby takes the following actions: Section 1. A. Finds that the recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. B. Determines that the Third Addendum reflects the independent judgment of the City. C. Adopts the Third Addendum to the Final EIR for the modifications to the Municipal Code Title 19 related to Planned Development (P) Zones; D. In the alternative, finds that this Ordinance is not a project under the requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code to clarify development standards in P zones would have no or only a de minimis effect on the environment because they merely adopt existing development standards for anticipated uses and maintain existing provisions allowing adoption of alternative development standards through approval of conceptual and definitive plans. The foregoing determination is made by the City Council in its independent judgment; and 12-03-19 75 of 171 Section 2. The City Council further finds the following as set forth by Municipal Code 19.152.020.C: 1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's Comprehensive General Plan (Community Vision 2040) and the proposed amendments are internally consistent with Title 19 of the Municipal Code. The General Plan anticipates much of the development in the City would occur as infill development as attached multi-family housing. The General Plan has several policies that support in-fill mixed-use residential development including Policies LU-1.3, LU-1.1, LU-5.2, Strategies LU-1.3.1 and LU-8.3.1 and language to support the concept of mixed-use villages. The proposed amendments do not change allowed uses, but clarify development standards to be applied, where standards are not developed through various zoning plans. Since sites are anticipated to be developed in a mixed-use attached multi-family housing format, the R-3 zoning standards would apply to residential development in the P Zoning districts, unless a property owner elects to prepare a definitive plan. For mixed-use residential development, the standards are clarified to, similarly, indicate that the zoning standards in the related zoning for the type of use proposed would apply. I.e., for property with a mixed-use planned development with commercial and residential uses zoning, the development standards of the General Commercial (CG) zoning and the R-3 zoning would apply. The amendments also clarify that if there are any conflicts in the standards, the most restrictive standard would apply. The amendments thus implement, and are consistent with the General Plan and are internally consistent with Title 19 of the Municipal Code. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has prepared a Third Addendum Final EIR for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project that analyzes the potential environmental effects of the proposed zoning amendments. The City Council has exercised its independent judgment and reviewed and considered the information in the Third Addendum, which concludes that no further environmental review is required for the proposed zoning amendments to comply with CEQA. In the alternative, adoption of the Ordinance is not a project under and is exempt from CEQA under Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the clarifying municipal code amendments may have a significant eff ect on the environment. 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). 12-03-19 76 of 171 All the sites for which the standards are being clarified already have access to utilities and are compatible with adjoining land uses. To the extent that there are deficient utilities, the City has adopted mitigation measures to ensure that any future developments would need to provide the appropriate utilities to accommodate the development. The proposed amendments do not affect the residential density of property and would implement the Land Use Element of the General Plan by clarifying the development standards for development. 4. The proposed zoning will promote orderly development of the City. The proposed Municipal Code Amendments will promote orderly development in the City by allowing development with clear standards. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. The proposed Municipal Code Amendments are not detrimental to the health, safety, peace, morals and general welfare since these are changes that implement the Land Use Element of the City's General Plan and clarify standards for development. Additionally, where health or safety impacts have been identified in the 2014 General Plan Final EIR, mitigation measures have been identified which would be applicable to any development on P Zone sites. Section 3. The City Council further finds the following: The proposed amendments will not impede the ability to develop the City’s Regional Housing Needs Allocation or housing for all income levels as anticipated by the City’s Housing Element. Instead, the amendments allow residential development of properties without approval of a definitive plan if they meet existing zoning standards established in the Municipal Code. The City will thus continue to be able to address its housing needs in compliance with its Housing Element. Section 4. The City Council approves the Amendments to the Municipal Code (Application No. MCA-2019-005) as shown in Exhibit MCA and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of the final published Municipal Code. Section 5. If any portion of this Ordinance or its application is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 12-03-19 77 of 171 Section 6. The City Clerk shall give notice of adoption of this Ordinance as required by law. Section 7. This Ordinance shall take effect 30 days after the second reading of the ordinance. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 3rd day of December, 2019 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____day of ___________, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: SIGNED: __________________ _________________, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Grace Schmidt, City Clerk ________________________ Date APPROVED AS TO FORM: __________________________ Heather Minner, City Attorney ________________________ Date 12-03-19 78 of 171 CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES Section 19.80.010 Purpose. 19.80.020 Applicability of regulations. 19.80.030 Establishment of districts–Permitted and conditional uses and development standards. 19.80.040 Zoning or prezoning. 19.80.050 Development permit. 19.80.010 Purpose. A. The planned development (P) zoning district is intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives. B. The planned development zoning district is specifically intended to encourage variety in the development pattern of the community; to promote a more desirable living environment; to encourage creative approaches in land development; to provide a means of reducing the amount of improvements required in development through better design and land planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage the creation of public or private common open space by establishing a process to consider and approve conceptual and definitive plans that provide development standards and regulations to advance these goals. 19.80.020 Applicability of Regulations. No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished, in any planned development zoning district, except in accordance with the provisions set forth in this chapter. 19.80.030 Establishment of Districts–Permitted and Conditional Uses and Development Standards. A. Planned development zoning districts may be established, modified or removed from the zoning map, and the regulations applicable to any planned development district may be established, modified or deleted in accord with the procedures described in this chapter. 12-03-19 79 of 171 B. All P districts shall be identified on the zoning map with the letter coding "P" followed by a specific reference to the general type of use allowed in the particular planned development zoning district. For example, a planned development zoning district in which the uses are to be general commercial in nature, would be designated "P(CG)." A planned development zoning district in which the uses are intended to be a mix of general commercial and residential would be designated "P(CG, Res)." C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning district referenced following the letter "P", unless a conceptual development plan, specific plan, or other zoning plan, further restricts the uses. For example, the permitted uses in a P(CG) zoning district are the same uses which are permitted in the CG zoning district. For sites with a mixed-use residential designation, Section 19.80.030E shall apply. D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of a conditional use permit in the zoning district referenced following the letter "P," unless a conceptual development plan, specific plan, or other zoning plan, further restricts the uses. For example, the conditional uses in a P(CG) zoning district are the same uses which require a conditional use permit in the CG zoning district. Each conditional use in a P zoning district requires a separate conditional use permit . For sites with a mixed-use residential designation, Section 19.80.030E shall apply. E. For sites with a mixed-use residential designation the following shall apply: 1. For sites in the Monta Vista Village Special Area, residential shall be a permitted use. 2. If a site is listed as a Priority Housing Site in the City’s adopted Housing Element of the General Plan, then residential development that does not exceed the number of units designated for the site in the Housing Element shall be a permitted use. 3. Residential development on sites not designated as Priority Housing Sites in the City’s adopted Housing Element of the General Plan and residential development on a Priority Housing Site that exceeds the number of units designated for that Priority Housing Site shall be a conditional use, except as provided in subsection 5, below. 4. Priority Housing Sites shall be shown on the City’s zoning map. 5. For sites zoned P(R3, CG), no conceptual or definitive plans shall be required to establish permitted and conditional uses. Multifamily residential use is the primary permitted use. Commercial uses may be incorporated into the development on the ground floor but shall not be the primary permitted use. 12-03-19 80 of 171 F. The development standards and regulations for residential only and mixed-use residential projects in a P zoning district shall consist of the following: 1. All development standards and regulations in the General Plan and any adopted specific plan, conceptual development plan, definitive plan, or other zoning plan, and, to the extent not addressed in those plans, all development standards and regulations for the zoning district referenced following the letter “P.” The development standards and regulations for a residential development are those established for the R- 3 zoning district. 2. In implementing subsection (1) above, mixed-use projects shall comply with the development standards and regulations in the R-3 zone and the referenced zoning district by proposed use. For example, residential portions of the project shall comply with the development standards and regulations in the R-3 zoning, commercial portions of the project shall comply with the development standards and regulations in the CG zoning, industrial portions of the project shall comply with the development standards and regulations in the ML/MP zoning, whichever is referenced, and office portions of the project shall comply with the development standards and regulations in the OA/OP zoning, whichever is referenced. In the event of any conflicts, the most restrictive standard or regulation shall apply. G. For projects with no residential component proposed in a P zoning district, the development standards and regulations of the permitted and conditional uses shall be established in conjunction with the approval of conceptual and definitive plans, and such projects shall also comply with any adopted specific plan, or other zoning plan. For sites which require a specific plan prior to development approval, the permitted and conditional uses and all development regulations shall be as shown in the specific plan. 19.80.040 Zoning or Prezoning. A. Application. The applicant for zoning, prezoning, or rezoning of property to a P zoning district shall, in addition to information required per Chapter 19.12, at the time of the application, submit to the Director of Community Development a conceptual development plan, which shall include: 1. A general description of the proposed uses, 2. The proposed traffic-circulation system, 3. A topographical map of the site and the neighboring properties, 4. A landscaping plan. 12-03-19 81 of 171 B. Process and Review Authority. 1. Applications for the zoning, prezoning or rezoning of property shall be processed in the manner prescribed in Chapter 19.152. C. Findings. No such ordinance may be adopted unless, in addition to making the findings required by Chapter 19.152, the following findings are made: 1. That the conceptual development plan attached to the application is consistent with both the General Plan and any underlying zoning designation which regulates the site; 2. That the conceptual development plan provides for an organized and unified system of land uses and land use intensities which would be compatible with the surrounding neighborhood; 3. That the conceptual development plan for a residential use ensures that the proposed development provides adequate active and passive oriented open space within the development to satisfy the needs of future residents and, further, that the proposed development provides adequate landscaping that will function in a manner which will enhance the individual development and the community as a whole; 4. That the conceptual development plan ensures that the location of the site with respect to major thoroughfares and uses outside the zone would not create undue and unreasonable traffic congestion in the area; 5. That the conceptual development plan makes provisions for adequate parking, waste disposal and undergrounding of utilities. D. Modifications. Any modification of the conceptual plan requires the submission of a rezoning application. 19.80.050 Development Permit. Process and Review Authority - Prior to any development within a planned development zoning district, the applicant must obtain a development permit and a required or requested definitive plan approving the development pursuant to the requirements of Chapter 19.156. A required or requested definitive plan may be reviewed and approved concurrently with the development permit. 12-03-19 82 of 171 Cupertino, CA Municipal Code CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES Section 19.80.010 Purpose. 19.80.020 Applicability of regulations. 19.80.030 Establishment of districts–Permitted and conditional uses and development standards. 19.80.040 Zoning or prezoning. 19.80.050 Development permit. 19.80.010 Purpose. A. The planned development (P) zoning district is intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives. B. The planned development zoning district is specifically intended to encourage variety in the development pattern of the community; to promote a more desirable living environment; to encourage creative approaches in land development; to provide a means of reducing the amount of improvements required in development through better design and land planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage the creation of public or private common open space by establishing a process to consider and approve conceptual and definitive plans that provide development standards and regulations to advance these goals. 19.80.020 Applicability of Regulations. No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished, in any planned development zoning district, except in accordance with the provisions set forth in this chapter. 19.80.030 Establishment of Districts–Permitted and Conditional Uses and Development Standards. A. Planned development zoning districts may be established, modified or removed from the zoning map, and the regulations applicable to any planned development 12-03-19 83 of 171 district may be established, modified or deleted in accord with the procedures described in this chapter. B. All P districts shall be identified on the zoning map with the letter coding "P" followed by a specific reference to the general type of use allowed in the particular planning planned development zoning district. For example, a planned development zoning district in which the uses are to be general commercial in nature, would be designated "P(CG)." A planned development zoning district in which the uses are intended to be a mix of general commercial and residential would be designated "P(CG/, Res)." C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning district which constitutes the designation referenced following the letter coding "P." "P", unless a conceptual development plan, specific plan, or other zoning plan, further restricts the uses. For example, the permitted uses in a P(CG) zoning district are the same uses which are permitted in a the CG zoning district. For sites with a mixed-use residential designation, Section 19.80.030F 19.80.030E shall apply. D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of a conditional use permit in the zoning district which constitutes the designation referenced following the letter coding "P." "P," unless a conceptual development plan, specific plan, or other zoning plan, further restricts the uses. For example, the conditional uses in a P(CG) zoning district are the same uses which require a conditional use permit in the CG zoning district. Each conditional use in a P zoning district requires a separate conditional use permit. For sites with a mixed-use residential designation, Section 19.80.030F 19.80.030E shall apply. E. The general category of uses in a P zone shall be defined at the time of the conceptual plan, and shall be consistent with the adopted General Plan relative to the property in the application. The development standards and regulations of the permitted and conditional uses shall be established in conjunction with the approval of the conceptual and definitive plans, unless specifically identified in Section 19.80.030F below. Developments which are not subject to discretionary approval by the City must comply with the development standards of the underlying zoning district. F E. For sites with a mixed-use residential designation the following shall apply: 1. For sites in the Monta Vista Village Special Area, residential shall be a permitted use. 2. If a site is listed as a Priority Housing Site in the City’s adopted Housing Element of the General Plan, then residential development that does not exceed the number of 12-03-19 84 of 171 units designated for the site in the Housing Element shall be a permitted use. 3. Residential development on sites not designated as Priority Housing Sites in the City’s adopted Housing Element of the General Plan and residential development on a Priority Housing Site that exceeds the number of units designated for that Priority Housing Site shall be a conditional use, except as provided in subsection 5, below. 4. Priority Housing Sites shall be shown on the City’s zoning map. 5. For sites zoned P(R3, CG), no conceptual or definitive plans shall be required to establish permitted and conditional uses. Multifamily residential use is the primary permitted use. Commercial uses may be incorporated into the development on the ground floor but shall not be the primary permitted use. F. The development standards and regulations for residential only and mixed-use residential projects in a P zoning district shall consist of the following: 1. All development standards and regulations in the General Plan and any adopted specific plan, conceptual development plan, definitive plan, or other zoning plan, and, to the extent not addressed in those plans, all development standards and regulations for the zoning district referenced following the letter “P.” The development standards and regulations for a residential development are those established for the R- 3 zoning district. 2. In implementing subsection (1) above, mixed-use projects shall comply with the development standards and regulations in the R-3 zone and the referenced zoning district by proposed use. For example, residential portions of the project shall comply with the development standards and regulations in the R-3 zoning, commercial portions of the project shall comply with the development standards and regulations in the CG zoning, industrial portions of the project shall comply with the development standards and regulations in the ML/MP zoning, whichever is referenced, and office portions of the project shall comply with the development standards and regulations in the OA/OP zoning, whichever is referenced. In the event of any conflicts, the most restrictive standard or regulation shall apply. G. For projects with no residential component proposed in a P zoning district, the development standards and regulations of the permitted and conditional uses shall be established in conjunction with the approval of conceptual and definitive plans, and such projects shall also comply with any adopted specific plan, or other zoning plan. For sites which require a specific plan prior to development approval, the permitted and conditional uses and all development regulations shall be as shown in the specific plan. 12-03-19 85 of 171 19.80.040 Zoning or Prezoning. A. Application. The applicant for zoning, prezoning, or rezoning of property to a P zoning district shall, in addition to information required per Chapter 19.12, at the time of the application, submit to the Director of Community Development a conceptual development plan, which shall include: 1. A general description of the proposed uses, 2. The proposed traffic-circulation system, 3. A topographical map of the site and the neighboring properties, 4. A landscaping plan. B. Process and Review Authority. 1. Applications for the zoning, prezoning or rezoning of property shall be processed in the manner prescribed in Chapter 19.152. C. Findings. No such ordinance may be adopted unless, in addition to making the findings required by Chapter 19.152, the following findings are made: 1. That the conceptual development plan attached to the application is consistent with both the General Plan and any underlying zoning designation which regulates the site; 2. That the conceptual development plan provides for an organized and unified system of land uses and land use intensities which would be compatible with the surrounding neighborhood; 3. That the conceptual development plan for a residential use ensures that the proposed development provides adequate active and passive oriented open space within the development to satisfy the needs of future residents and, further, that the proposed development provides adequate landscaping that will function in a manner which will enhance the individual development and the community as a whole; 4. That the conceptual development plan ensures that the location of the site with respect to major thoroughfares and uses outside the zone would not create undue and unreasonable traffic congestion in the area; 5. That the conceptual development plan makes provisions for adequate parking, waste disposal and undergrounding of utilities. D. Modifications. Any modification of the conceptual plan requires the submission of a rezoning application. 12-03-19 86 of 171 19.80.050 Development Permit. Process and Review Authority - Prior to any development within a planned development zoning district, the applicant must obtain a development permit and a required or requested definitive plan approving the development pursuant to the requirements of Chapter 19.156. A required or requested definitive plan may be reviewed and approved concurrently with the development permit. 12-03-19 87 of 171 12-03-19 88 of 171 12-03-19 89 of 171 12-03-19 90 of 171 12-03-19 91 of 171 12-03-19 92 of 171 12-03-19 93 of 171 12-03-19 94 of 171 12-03-19 95 of 171 12-03-19 96 of 171 12-03-19 97 of 171 12-03-19 98 of 171 12-03-19 99 of 171 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR State Clearinghouse No. 2014032007 Prepared by the City of Cupertino November 8, 2019 12-03-19 100 of 171 2 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 SECTION 1.0 INTRODUCTION AND PURPOSE This Addendum to the Final Environmental Impact Report (“Final EIR”) for the City of Cupertino General Plan Amendment, Housing Element Update and Associated Rezoning (the “Final EIR project”) (State Clearinghouse Number 2014032007) addresses proposed clarifications to the development standards for Planned Development (P) Zoning Districts. The City of Cupertino certified the Final EIR in December 2014, adopted the General Plan in December 2014 with subsequent minor edits adopted in October 2015, and adopted the Housing Element in March 2015. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) for five Special Areas, seven Study Areas, and other Special Areas. The purpose of this Addendum is to evaluate whether the proposed modifications to the Planned Development Zoning Districts, which are described in Section 3.0 Proposed Modifications to the Final EIR Project below, require major revisions to the Final EIR or a subsequent EIR due to new significant impacts or a substantial increase in the severity of significant impacts previously identified in the Final EIR. This Addendum has been prepared by the City of Cupertino as the Lead Agency, in conformance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the regulations and policies of the City of Cupertino. For the reasons articulated in this Addendum and based on substantial evidence in the record, the City concludes that no subsequent EIR is required. SECTION 2.0 STANDARD FOR PREPARATION OF AN ADDENDUM CEQA Guidelines Section 15164 states that the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162 states that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: 12-03-19 101 of 171 3 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 3.0 PROPOSED MODIFICATIONS TO THE FINAL EIR PROJECT The proposed modifications to the Final EIR project are to clarify the development standards applicable in the Planned Development (P) zones. The P zones are located throughout the city. The P zones are enacted to allow flexibility in the development standards through review by the City. However, as clarified in the proposed revisions to the Zoning Code, the development standards for the R-3 (multi-family) zone and the zoning districts referenced in the parenthetical following “P” on the zoning map are intended to apply in this zone in the absence of a conceptual development plan or specific plan for residential or mixed-use projects. A zoning map of the City is shown in Figure 3-1. The Final EIR analyzed future development in the City in all zoning districts. Much of the City is zoned primarily for single-family or low-density residential uses, with about 70% of the City comprised of single-family development. In 2014 and today, most of the City is already developed, with very few vacant properties. The Final EIR also recognized the significant challenges to redeveloping single family developments with multi-family uses. Therefore, most future development was anticipated to occur on in-fill sites. The overall residential development, analyzed in the Final EIR and certified in 2014, allowed for the development of up to 4,421 residential units at 2040 Build-out, the majority of which were anticipated to be in mixed-use, multi-family residential projects along major corridors within the City. 12-03-19 102 of 171 ZONING MAP FIGURE 3-1 12-03-19 103 of 171 5 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 The City proposes clarifications to the project analyzed in the Final EIR by adopting text amendments to the Zoning Code applicable to the Planned Development zoning districts. Specifically, the proposed amendments:  Clarify that residential and residential mixed use projects in a P zone must comply with the development standards and regulations for the zoning districts referenced on the zoning map, unless otherwise established in a conceptual development plan, definitive plan, or other zoning plan.  Clarify that the development standards and regulations for residential development in the absence of standards in other plans are those established for the R-3 (multi-family) zoning district.  Clarify that, in the absence of standards in other plans, mixed-use residential developments shall comply with standards and regulations of the type of proposed use. I.e., Multi-family (R-3) zoning standards for residential portions of the development, General Commercial (CG) zoning standards for the commercial portion of the development, ML/MP zoning standards, whichever is referenced, for the industrial portion of the development, OA/OP zoning standards, whichever is referenced, for the office portion of the development. Also, clarify that in the event of a conflict between the different zoning standards, the most restrictive standard would apply.  Other clarifying changes are also proposed. These changes do not change allowed uses, but clarify development standards that would apply to anticipated uses in the P zones by reference to existing standards for those uses. The analyses in the Final EIR assumed that a majority of new development anticipated in the City would be infill development in mixed-use, multi-family developments as is evidenced in a review of the areas where the residential growth was planned.1 The Final EIR identified General Plan policies and programmatic mitigation measures to reduce impacts from development of multi-family uses in any of the areas that allow such development. The refinement of the applicable development standards of the allowable uses within the Planned Development zoning districts by the City Council as part of the proposed modifications, therefore, would not change the impacts disclosed in the Final EIR because the analyses evaluates and anticipates such development on these properties. For this reason, the decision by the City Council as to clarify which development standards apply to this zoning district has no effect on the analysis or conclusions in the Final EIR. SECTION 4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED MODIFICATIONS TO THE FINAL EIR PROJECT The following discusses the potential effects on the physical environment from implementing the proposed modifications to the Final EIR project. This analysis has been prepared to determine whether any of the conditions in State CEQA Guidelines Section 15162 (described in Section 2.0 Standards for Preparation of an Addendum, above) would occur as a result of the proposed modifications to the Final EIR project regarding the development standards in the Planned Development Zoning Districts. SAME IMPACTS 1 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Response to Comments Document. SCH# 2014032007. August 28, 2014. Page 3-29. 12-03-19 104 of 171 6 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 Like the Final EIR project, the proposed modifications to the Final EIR project would have no impacts to agriculture, forestry, or mineral resources, because those resources are not found within the City of Cupertino. The proposed modifications to the Final EIR project, therefore, would not result in any new or substantially more severe significant impacts to agriculture, forestry, or mineral resources than were analyzed and disclosed in the Final EIR. The proposed modifications to the Final EIR project do not modify the assumption that infill, mixed-use multi-family development are anticipated within the Special Areas and major corridors. Clarifying the development standards for development within these areas based on existing standards for anticipated uses would not cause a new significant impact or a substantial increase in the severity of the impacts analyzed and disclosed in the Final EIR. For this reason, the proposed modifications to the Final EIR project would result in the same land use impacts as disclosed in the Final EIR, and would not result in any new or substantially more severe significant land use impacts than were analyzed and disclosed in the Final EIR. The physical condition and characteristics of the properties within the Planned Development Zoning Districts have not substantially changed since the certification of the Final EIR. The urban nature, trees, soil characteristics, seismic potential, and drainage on-site are in the same or similar condition as they were in 2014. The development regulated by the proposed modifications to the Final EIR project would take place in the same areas and result in the same area of ground disturbance as analyzed in the Final EIR. For this reason, the implementation of the proposed modifications would have the same impacts to biological resources, cultural resources, geology and soils, hazards and hazardous materials, and hydrology and water quality as disclosed in the Final EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. The number of residential units that could be built on these sites would not be impacted with the proposed modifications compared to the project analyzed in the Final EIR. The allowed uses and residential densities remain unchanged and no changes are proposed to the residential development allocation in the General Plan. For this reason, the proposed modifications to the Final EIR project would have the same population and housing impacts as disclosed in the Final EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. Since no changes are proposed to the overall development program analyzed in the Final EIR, there would be no changes to the daily or peak hour trips. For this reason, the proposed modifications to the Final EIR project would not result in new or substantially more severe significant traffic impacts than were analyzed and disclosed in the Final EIR. In addition, there would be no changes to pollutant emissions, noise and vibration, and energy and utility demand compared to the project analyzed in the Final EIR. The Final EIR project identifies height limitations and includes slope line criteria for development; these standards are not impacted by the proposed amendments. Therefore, implementation of the proposed text amendments in the Municipal Code would not have more impacts to aesthetics, air quality, energy, greenhouse gas emissions, public services, recreation, transportation, and utilities and service systems than were analyzed and disclosed in the Final EIR because the amount of development analyzed remains the same. 12-03-19 105 of 171 7 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 To the extent the proposed text amendments would result in reduced amounts of development as compared to the Final EIR, project, the Final EIR evaluated alternatives to the Final EIR project that included reduced amounts of development,2 and concluded that these alternatives would result in essentially the same impacts as the Final EIR project.3 Therefore, the proposed modification to the Final EIR project would not result in any new or substantially more severe significant aesthetics, air quality, energy, greenhouse gas emissions, noise and vibration, public services, recreation, transportation, and utilities and service systems impacts than were analyzed and disclosed in the Final EIR. Table 4-1 summarizes the impacts of the proposed modifications to the Final EIR compared to Final EIR project. Table 4-1: Comparison of Impacts of the Final EIR Project and Proposed Modifications to the Final EIR Project Compared to Impacts Disclosed in the Final EIR, the Impacts of the Proposed Modifications to the Final EIR Project would be: Same Lesser New Significant or More Substantial Aesthetics X Agricultural and Forestry Resources X Air Quality X Biological Resources X Cultural Resources X Geology, Soils, and Seismicity X Greenhouse Gas Emissions X Hazards and Hazardous Materials X Hydrology and Water Quality X Land Use and Planning X Mineral Resources X 2 The below table summarizes the citywide development amounts studied as the Final EIR project and alternatives analyzed in the Final EIR. Summary of Citywide Development Studied in the Final EIR. Final EIR Project No Project Land Use Alternative A Land Use Alternative B Office Square Footage 4,040,231 540,231 1,040,231 2,540,231 Commercial Square Footage 1,343,679 701,413 701,413 1,343,679 Hotel Rooms 1,339 339 600 839 Residential Units 4,421 1,895 1,895 3,316 Source: City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 2-5. 3 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 5-5. 12-03-19 106 of 171 8 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 Table 4-1: Comparison of Impacts of the Final EIR Project and Proposed Modifications to the Final EIR Project Compared to Impacts Disclosed in the Final EIR, the Impacts of the Proposed Modifications to the Final EIR Project would be: Same Lesser New Significant or More Substantial Noise and Vibration X Population and Housing X Public Services and Recreation X Transportation and Traffic X Utilities and Service Systems X 12-03-19 107 of 171 9 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 SECTION 5.0 COMPARISON TO THE CONDITIONS LISTED IN CEQA GUIDELINES SECTION 15162 SUBSTANTIAL CHANGES TO THE PROJECT As described above in Section 4.0 Environmental Impacts of the Proposed Modifications to the Final EIR Project, the proposed modifications would not result in new significant environmental effects beyond those identified in the Final EIR, would not substantially increase the severity of significant environmental effects identified in the Final EIR, and thus would not require major revisions to the Final EIR. The proposed modifications, therefore, are not substantial changes to the project that require major revisions to the Final EIR or a subsequent EIR. SUBSTANTIAL CHANGES IN CIRCUMSTANCES The physical conditions on the sites zoned Planned Development Zoning Districts have not changed substantially since the certification of the Final EIR, although some structures have been improved and others have been demolished. Planned Development Zoning Districts remain primarily developed, with somewhat limited opportunities for in-fill development or redevelopment. Clarifying the applicable development standards for some of these modified sites will not result in a new significant environmental effect or a substantial increase in the severity of environmental effects identified in the Final EIR. The Final EIR already evaluated the potential impacts associated with in-fill development and redevelopment using established development standards. Therefore, major revisions to the Final EIR or a subsequent EIR are not required. NEW INFORMATION No new information of substantial importance, which was not known and could not have been known when the Final EIR was certified, has been identified which shows that the proposed modifications to the Final EIR project would be expected to result in: 1) new significant environmental effects not identified in the Final EIR; 2) substantially more severe environmental effects than shown in the Final EIR; 3) mitigation measures or alternatives previously determined to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project sponsor declines to adopt the mitigation or alternative; or 4) mitigation measures or alternatives which are considerably different from those identified in the Final EIR would substantially reduce one or more significant effects of the project but the project sponsor declines to adopt the mitigation measure or alternative. In addition, as discussed in Section 3.0 Environmental Impacts of the Proposed Modifications to the Final EIR Project, the proposed modifications would result in the same or lesser impacts than were analyzed and disclosed in the Final EIR. For this reason, the proposed modifications to the Final EIR project would not require new mitigation measures because no new or substantially more severe significant environmental effects are expected beyond those identified in the Final EIR would occur. SECTION 6.0 CONCLUSION For the reasons stated above, and based on the analysis in the Final EIR and the existing conditions in the Planned Development Zoning Districts, the City has concluded that the proposed 12-03-19 108 of 171 10 Third Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, November 6, 2019 modifications would not result in any new impacts not previously identified in the Final EIR; nor would it result in a substantial increase in the severity of any significant environmental impact previously identified in the EIR. For these reasons, a subsequent EIR is not required and an addendum to the Final EIR is the appropriate CEQA document to address the proposed modifications to the Final EIR project. 12-03-19 109 of 171 CITY OF CUPERTINO Legislation Text Subject:Municipal Code Amendments to Chapter 13.08 (Park Land Dedication and Fee) and Chapter 18.24 (Dedications and Reservations) to Clarify Park Land Dedication and In Lieu Fee Requirements; Adoption of the Fourth Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are Not a Project Under and Exempt From CEQA. That the City Council conduct the first reading of Ordinance No. 19-2192: “An Ordinance of the City Council of the City of Cupertino Adopting the Fourth Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 13.08 and Chapter 18.24 of the Municipal Code to Clarify Standards for Park Land Dedications and Fees In lieu Thereof.” File #:19-6405,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 110 of 171 CITY COUNCIL STAFF REPORT Meeting: December 3, 2019 Subject Municipal Code Amendments to Chapter 13.08 (Park Land Dedication and Fee) and Chapter 18.24 (Dedications and Reservations) to Clarify Park Land Dedication and In Lieu Fee Requirements; Adoption of the Fourth Addendum to the 2014 General Plan Final EIR; and Finding the Actions Are Not a Project Under and Exempt From CEQA. Recommended Action That the City Council conduct the first reading of the Draft Ordinance: “An Ordinance of the City Council of the City of Cupertino Adopting the Fourth Addendum to the 2014 General Plan Final EIR and Amendments to Chapter 13.08 and Chapter 18.24 of the Municipal Code to Clarify Standards for Park Land Dedications and Fees In lieu Thereof.” (Attachment A). Discussion Background The FY2019/20 City Council Work Program directs the City to clarify objective standards within the City’s General Plan and Municipal Code. The Planning Commission and City Council reviewed areas that were identified by staff as needing clarity through Summer and Fall 2019. At the Planning Commission and City Council Study Sessions, Commissioners and Councilmembers recommended express standards for Park Land Dedications, in particular to have park land dedications situated at ground level. At the October 1, 2019 City Council meeting, the Council authorized staff to commence with amendments identified in Phase 1 and suggested that staff proceed with an y readily feasible amendments listed in Phase 1.5. Staff has determined that the City can readily make the Municipal Code amendments being proposed with this draft Ordinance. Analysis Attachment B shows a redlined version of the Municipal Code amendments being proposed. The proposed amendments can be categorized into the following three areas: A. Standards related to dedicated park land; B. Conformance with State Law (Subdivision Map/Quimby Act); and C. Other minor clarifications and clean up. 12-03-19 111 of 171 These amendments are further discussed below. A. Standards related to dedicated park land Chapter 13.08 would be updated to clarify park land dedication standards including: 1. Adding a definition of park land dedication which specifies that park land must be situated at ground level and dedicated to the City in fee simple ownership. 2. Specifying the following requirements for land to satisfy the park land dedication requirement: a. Located at ground level and dedicated to the City in fee simple ownership. b. Have at least one contiguous piece of land of at least 0.27 acres, excluding any hillsides over ten percent slope, not be located in riparian setback areas and environmental mitigation areas. c. At least 0.25 acres of the dedicated land be gradable to create a flat area of less than five percent slope in any direction. d. All dedications shall be at least 50 feet wide and 0.10 acres in contiguous size. This standards is intended to ensure all dedicated land is usable for parks, while also facilitating the provision of pocket parks in park-poor areas of the City. e. Be located adjacent to a street to promote public safety and facilitate policing. f. Not include setback areas, private yards, and open areas required by zoning and/or building code or for streets and improvements that do not serve the park exclusively. 3. Clarifies factors for the City to consider in determining whether parkland dedication, in lieu fees, or a combination of both are required, including, but not limited to, adequacy of existing parkland in the surrounding area pursuant to the General Plan Recreation Parks and Community Services Element policies for distributing parks and open space throughout the community. A copy of these General Plan policies is included as Attachment D. B. Conformance with State Law Proposed modifications work to better align sections of the Municipal Code with the California Subdivision Map Act and Quimby Act. These include: 1. Clarifications to exceptions and credits in Chapters 13.08 and 18.24. 2. Clarifying that a credit is provided to the developer for the value of any improvements installed by the Developer in a dedicated park as required by law. C. Other modifications and clean up Other modifications and clean up include:  Adding a definition of “senior citizen housing developments” to ensure consistent application of the term. 12-03-19 112 of 171  Clarifies that addressing increased demands for parks is a requirement for all developments (subject to exceptions and waivers).  Consolidating existing exceptions and credits into one section “Exceptions and Credits” for ease of applicability. In addition to this section, the City will continue to offer a range of incentives to facilitate the development of affordable housing including waiver of park dedication fees consistent with the City’s adopted Housing Element and Below Market Rate Housing Mitigation Manual.  Clarifications to the formulas used for calculating the park land dedication acreage, as well as in lieu fees. The clarifications are consistent with the City’s existing formula and practice and do not change the amount of acreage or fees required.  Clarifies that if a credit is given for private open space, the open space must be accessible to all residents in a development.  Specifies that setbacks and other required open spaces shall not be counted towards private open space credits and makes other minor clarifications to private open space requirements.  Requires open space covenants for private parks to be approved as to form by the City Attorney.  Codifies existing code interpretation and practice that credit is only given for existing dwelling units in a project, when those dwelling units have already contributed towards parkland dedications or paid fees in lieu thereof.  Modifications to align timing of dedication requirements with existing practices in Chapters 13.08 and 18.24 by clarifying that parkland dedication and/or fees are to be paid upon issuance of a final map or building permits, whichever is earlier.  Modifications to Chapter 18.24 regarding dedications and reservation for subdivisions to reference and be consistent with Chapter 13.08 and its standards and procedures for parkland dedication requirements, where possible for internal consistency. Planning Commission Review A preliminary draft of the proposed amendments was presented to the Planning Commission at a Study Session at its November 12, 2019 meeting, which included amendments to Chapters 13.08, 14.05 and 18.24. Since then, the amendments have been modified to no longer include any amendments to Chapter 14.05 or substantive changes to calculation of parkland dedication acreage and in lieu fees. Those potential changes can be studied and considered in later phases. The Commission reviewed the proposed amendments, received public comments, and provided input. The main comments from Commissioners are summarized below. 1. Consider reducing the parkland dedication credit provided to developers for the creation of significant private open space from a 50% credit to a 25% credit. Staff comment: Staff is not proposing amendments related to private open space credits at this time, but can consider amendments in future phases. For Council’s information, the following chart summarizes the credit provided for private open space in other cities. 12-03-19 113 of 171 Jurisdictional Agency Credit Provided for Private Open Space San Jose 50% Mountain View 50% Santa Clara 50% Saratoga 50% Palo Alto, Sunnyvale, and Los Altos do not have express credits for private open space in their codes. 2. Consider minimum size and dimension requirements. Staff comment: This has now been addressed in additions to the proposed amendments. 3. Commissioners had different views on whether to refer to the federal census data for average household size and eliminate the specifications by density in Table 13.08.050 (Park Land Dedication Formula Table) or retain the existing table. One Commissioner suggested further study, including studies of other cities and a new study to determine the average household size. Staff comment: Staff was initially considering an amendment to refer to recent Federal census data to determine average household size for purposes of calculating park land dedication requirements. However, staff is not proposing to move forward with substantive amendments to these calculations at this time. If desired, Council could consider a separate project for a future Work Program to prepare a study of average household sizes for further amendments to Chapter 13.08. After the meeting, Chair Wang submitted the following additional comments: 4. Have in lieu of fees as the purview of City Council and they are the discretionary approval body. Staff comment: Section 13.08.100 already provides that the approval authority determines whether parkland dedication or in lieu fees is required. Thus when City Council approval for a project is required, they will make the determination. 5. The Quimby Act does not apply until late 2021. Staff comment: The Quimby Act is currently in effect and as a state law the City is required to follow it. The main comments from the public are summarized below: 6. Consider requiring that covenants be reviewed and approved by the City Attorney prior to recordation. Staff comment: This has been incorporated. 7. Consider disallowing any occupancy, including temporary occupancy, prior to recordation of covenants and/or recordation of grant deeds for private park open space. Staff comment: The Code amendments would require recordation of open space covenants for private park open space prior to final occupancy (as opposed to the curre nt requirement of recordation simultaneously with final occupancy). Prohibiting all occupancy before recordation of covenants and grant deeds may impose unnecessary burdens on project implementation. Temporary occupancy is at times issued to facilitate internal improvements by tenants prior to final occupancy. These tenant improvements can take some time and often occur simultaneously with construction of park improvements. 12-03-19 114 of 171 Environmental Assessment In 2014, the City Council certified a Final Environmental Impact Report (EIR) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007), which was a program EIR prepared in compliance with California Environmental Quality Act (CEQA) Guidelines Section 15168. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) in connection with the adoption of the Cupertino Community Vision 2015-2040 (General Plan). The General Plan and Associated Rezoning were adopted in December 2014, the Housing Element Update was adopted in May 2015, and modifications to the text and figures of the General Plan adopted in 2015 and 2019 following adoption of Addenda to the EIR. When a lead agency has certified an EIR, Public Resources Code Section 21166 and CEQA Guidelines 15162 provide that no subsequent environmental review shall be required unless specified conditions have occurred (substantial changes in the project, substantial changes with respect to the circumstances under which the project is undertaken, or new information of substantial importance which was not known and could not have been known when the EIR was certified) and would result in new significant environmental effects or a substantial increase in the severity of significant environmental effects requiring major revisions to the EIR. CEQA Guidelines Section 15164 further states that if some changes or additions to a previously certified EIR are needed, but subsequent review is not required under CEQA Guidelines 15162, an addendum shall be prepared. The City has prepared a Fourth Addendum to the Final EIR to evaluate whether the proposed modifications to the Municipal Code described in this Staff Report would require major revisions to the Final EIR or a subsequent EIR due to new significant environmental effects or a substantial increase in the severity of significant environmental effects previously identified in the EIR. The Fourth Addendum, which is included as Attachment C, provides analysis and cites substantial evidence in support of the conclusion that no subsequent environmental review is required because none of the conditions that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred. Therefore, it is recommended that the City Council adopt the Fourth Addendum, and no further environmental review is required for the modifications described in this Staff Report. In the alternative, adopting the proposed amendments to the Municipal Code is not a project under the requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that the Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a 12-03-19 115 of 171 significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, compliance with the City’s Municipal Code, including the park land dedication requirements in Chapters 13.08 and 18.24 as amended will continue to ensure that adequate parklands and recreational facilities are provided to reduce the cumulative impacts of residential development in the City. Authorizing these amendments would have no or only a de minimis effect on the environment because the amendments help reduce the environmental effects of land use projects and they do not change the amount of development allowed under the City’s General Plan and Zoning Ordinance. Other Determinations The amendments implement and are consistent with the City’s General Plan and the Recreation Parks and Community Services Element. City staff have reviewed the proposed amendments and have determined that the clarified standards do not exceed the standards and criteria being applied by the City to its publicly financed parks, including because no city parks are above ground level. In addition, the amendments will not impede the ability to develop the City’s Regional Housing Needs Allocation or housing for all income levels as anticipated by the City’s Housing Element. The proposed amendments are consistent with the City’s Housing Element. The amendments retain the ability to pay fees in lieu of park land dedication. Further, the City will continue to offer a range of incentives to facilitate the development of affordable housing including waiver of park land dedication fees consistent with the City’s adopted Housing Element and Below Market Rate Housing Mitigation Manual. The City will thus continue to be able to address the housing needs of the region. Sustainability Impact No sustainability impact. Park land dedication requirements are retained and clarified. Fiscal Impact No fiscal impact. Fees are not being adjusted from existing calculations. _____________________________________ Prepared by: Chad Mosley, Assistant Public Works Director/City Engineer Reviewed by: Roger Lee, Director of Public Works Approved for Submission by: Deborah Feng, City Manager Attachments: A – Draft Ordinance B – Redline Municipal Code amendments C – Fourth Addendum to the Final EIR D – General Plan Parkland Distribution Goal and Policies 12-03-19 116 of 171 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE FOURTH ADDENDUM TO THE 2014 GENERAL PLAN FINAL EIR AND AMENDMENTS TO CHAPTER 13.08 AND CHAPTER 18.24 OF THE MUNICIPAL CODE TO CLARIFY STANDARDS FOR PARK LAND DEDICATIONS AND FEES IN LIEU THEREOF SECTION I: PROJECT DESCRIPTION Application No: MCA-2019-006 Applicant: City of Cupertino Location: Citywide SECTION II: RECITALS WHEREAS, the City Council FY2019/2020 Work Program directs the City to clarify objective standards within the City’s General Plan and Municipal Code; and WHEREAS, at the September 18 and October 1, 2019 City Council meetings, the City Council reviewed areas that were identified by staff, the Planning Commission, and members of the public as desiring clarity, including standards related to park land dedication, in particular to have park land dedications situated at ground level, and Council authorized staff to commence with amendments identified in Phase 1 and any readily feasible amendments in Phase 1.5; and WHEREAS, the Ordinance amends the City's Municipal Code to clarify the standards to be applied to required park land dedications and payment of fees in lieu thereof; and WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare, and the amendments herein implement the City’s General Plan (Community Vision 2015-2040); and WHEREAS, the proposed modifications will not result in any of the conditions requiring preparation of a subsequent EIR as described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162; and WHEREAS, the City has prepared a Fourth Addendum (“Fourth Addendum”) to the Final Environmental Impact Report (“Final EIR”) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for modifications to the Municipal Code related to clarifying standards for park land dedication requirements in compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, “CEQA Guidelines”); and 12-03-19 117 of 171 WHEREAS, the Fourth Addendum provides analysis and cites substantial evidence that supports the conclusion that no subsequent environmental review is required because there are no substantial changes in the Project or the circumstances under which the Project is to be undertaken that would result in new or substantially more severe environmental impacts requiring major revisions to the Final EIR, and there is no new information that involves new significant environmental effects or a substantial increase in the severity of previously identified environmental effects that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162; and WHEREAS, In the alternative, adopting the proposed amendments to the Municipal Code is not a project under the requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that the Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, compliance with the City’s Municipal Code, including the park land dedication requirements in Chapter s 13.08 and 18.24 as amended will continue to ensure that adequate parklands and recreational facilities are provided to reduce the cumulative impacts of residential development in the City. Authorizing these amendments would have no or only a de minimis effect on the environment because the amendments help reduce the environmental effects of land use projects and they do not change the amount of development allowed under the City’s General Plan and Zoning Ordinance; and WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission reviewed the proposed amendments and provided comments at a study session on November 12, 2019; and WHEREAS, on November 12, 2019, the Fourth Addendum was also presented to the Planning Commission at the study session; and WHEREAS, on December 3, 2019, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code amendments; and 12-03-19 118 of 171 WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment and reviewed and considered the information in the Fourth Addendum, which concludes that no further environmental review is required for the Municipal Code Amendments included in the Ordinance. SECTION III NOW, THEREFORE, BE IT ORDAINED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby takes the following actions: Section 1. A. Finds that the recitals set forth above are true and correct, and are incorporated herein. B. Determines that the Fourth Addendum reflects the independent judgment of the City. C. Adopts the Fourth Addendum to the Final EIR for the modifications to the Municipal Code Titles 13 and 18 related to park land dedication requirements. D. In the alternative, finds that adopting the Ordinance is not a project under the requirements of the California Quality Act of 1970, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that the Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. The foregoing determination is made by the City Council in its independent judgment. Section 2. The City Council further finds that: A. The Municipal Code amendments adopted by this Ordinance implement and are consistent with the City’s General Plan and the Recreation Parks and Community Services Element. B. The clarified standards for parkland dedications do not exceed the standards and criteria being applied by the City to its publicly financed parks, including because no City parks are above ground level. C. The amendments will not impede the ability to develop the City’s Regional Housing Needs Allocation or housing for all income levels as anticipated by the City’s Housing Element. The amendments are consistent with the City’s Housing Element and they retain the ability to pay fees in lieu of park land dedication. Further, the City will 12-03-19 119 of 171 continue to offer a range of incentives to facilitate the development of affordable housing including waiver of park land dedication fees consistent with the City’s adopted Housing Element and Below Market Rate Housing Mitigation Manual. The City will thus continue to be able to address the housing needs of the region. Section 3. The City Council approves the Amendments to the Municipal Code as shown in Exhibit A attached hereto and incorporated herein by reference and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of the final published Municipal Code. Section 4. If any portion of this Ordinance or its application is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 5. The City Clerk shall give notice of adoption of this Ordinance as required by law. Section 6. This Ordinance shall take effect 30 days after the second reading of the ordinance. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 3rd day of December, 2019 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____day of ___________, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 12-03-19 120 of 171 SIGNED: __________________ _______________, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Grace Schmidt, City Clerk ________________________ Date APPROVED AS TO FORM: __________________________ Heather Minner, City Attorney ________________________ Date 12-03-19 121 of 171 EXHIBIT A SECTION 1. Chapter 13.08, of Title 13 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 13.08: PARK LAND DEDICATION FEE Section 13.08.010 Purpose. 13.08.020 Definitions. 13.08.030 Applicability. 13.08.040 Exceptions and Credits. 13.08.050 Park land dedication. 13.08.060 Fees in lieu of park land dedication. 13.08.070 Combination of park land dedication and fee. 13.08.080 Credit for private recreation or open space. 13.08.090 Credit for existing dwelling units. 13.08.100 General procedures. 13.08.010 Purpose. The purpose of this Chapter is to regulate, in the public interest, convenience, health, welfare and safety, the provision of park and recreational facilities upon development for which dedication of land and/or payment of a fee is required in accordance with the recreation, parks and community services element of the adopted General Plan of the City of Cupertino, and any amendments. 13.08.020 Definitions. "Dwelling unit" or "unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy on a non-transient basis and having not more than one kitchen. "Park land dedication" means land located at ground level, dedicated to the city, in fee simple ownership, to the center of the earth. “Senior citizen housing development” means a development as defined in Civil Code Section 51.3 or as defined in Civil Code Section 798.76 or 799.5. 12-03-19 122 of 171 13.08.030 Applicability. Developments of new dwelling units must address the increased demands for parks through a park land dedication, a payment of a fee in lieu thereof, or a combination of both, at the time and according to the standards and formula provided in this Chapter 13.08. The City has the discretion to determine which of the three options above shall be required. 13.08.040 Exceptions and Credits. A. The requirements in this chapter shall not apply to the following developments: 1. Subdivisions exempt from park land dedication requirements pursuant to Government Code Section 66477 B. A credit to the park land dedication or in-lieu fee requirements may be granted by the approval authority as follows: 1. Senior citizen housing development shall be granted a credit pursuant to Section 13.08.050. 2. Developments that include private recreation or open space shall be granted a credit pursuant to Section 13.08.080. 3. Developments including existing dwelling units may be granted credit pursuant to Section 13.08.090. 13.08.050 Park Land Dedication. A. Where dedication of a park or recreational facility is required pursuant to this Chapter, land shall be dedicated per the formula below. Park Land Dedication (in acres) = (Average number of persons/DU) x (Park Acreage Standard) x (Number of Dwelling Units) B. The Park Acreage Standard is three acres of property for each one thousand persons. C. Park land dedication based on development density: Table 13.08.050 indicates the average park land dedication required per dwelling unit based on development density per the formula above (Section 13.08.050.A). D. Average number of persons/DU shall be determined pursuant to Table 13.08.050. E. The number of dwelling units is calculated consistent with Section 13.08.090. F. Standards for dedicated land: To satisfy this dedication requirement, the park land must be: 12-03-19 123 of 171 1. Located at ground level and dedicated to the City in fee simple ownership, to the center of the earth; 2. At least one contiguous piece of land of at least 0.27 acres in size, excluding hillsides over a ten (10) percent slope, riparian set back areas and environmental mitigation areas; 3. At least 0.25 acres of the dedicated land must be gradable to create a flat area of less than five (5) percent slope in any direction; 4. All dedicated land must be at least 50 feet wide and 0.10 acres in contiguous size. The City Council may waive this requirement when doing so facilitates the provision of pocket parks or other desirable park amenities. 5. Located adjacent to a street in order to promote public safety and facilitate policing; and 6. Setback areas, private yards, and other open areas required by zoning and/or building ordinances or for streets and improvements that do not serve the park exclusively, shall not be included in the computation of dedicated park or recreational acreage. Table 13.08.050: Park Land Dedication Formula Table Density (DU/acre) Average number of persons/DU Average Park Land Dedication/ DU (in acres) 0 - 5 3.5 .0105 5 - 10 2.0 .0060 10 - 20 2.0 .0060 20+ 1.8 .0054 10+ 1.8 .0054 Senior Citizen Housing Development 1.0 .0030 13.08.060 Fees in Lieu of Park Land Dedication. A. General Standard. 1. A fee in lieu of park land dedication shall be required pursuant to the requirements of this Chapter. 2. Subdivisions containing fifty units or less shall pay a fee in lieu of park land dedication except as provided in the Govt. Code Section 66477(a). 12-03-19 124 of 171 B. Amount. The amount of the fee shall be equal to the fair market value of the land prescribed for dedication pursuant to Section 13.08.050. The fee shall be calculated as follows: In lieu fee = Park land Dedication (in acres)1 x (Fair Market Value of land per acre) 1 Calculated pursuant to Section 13.08.050. C. Fair Market Value of land per acre. The Director of Public Works shall establish the fair market value of land within the City and update the value on an annual basis in the City's Fee Schedule. The fair market value shall be determined by reference to comparable land within the City. As used herein, the term "comparable" means land of similar size and development potential as the land which would otherwise be dedicated. D. Use of Money. The money collected shall be paid to the Treasurer of the City or his or her authorized agent. Such money shall be placed in a special revenue fund which shall be known as the "park dedication in-lieu fee fund" and shall be used for all purposes allowed by State Law. 13.08.070 Combination of Park Land Dedication and Fee. A. The City shall determine whether it accepts park land dedication, elects to require payment of a fee in lieu, or a combination of both a park land dedication and a fee in lieu, upon consideration of the public interest, convenience, health, welfare, and safety, including, but not limited to, the following: 1. Topography, geology, access and location of land in the development available for dedication; 2. Size and shape of the development and land available for dedication; 3. Feasibility of dedication; 4. Adequacy of existing park land in the surrounding area pursuant to the Recreation, Parks And Community Services Element policies of the General Plan; 5. The number of parcels or units in the development. B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 13.08.080 Credit for Private Recreation or Open Space. A. Where private open space for park and recreational purposes, accessible to all residents in a development, is provided in a proposed development, fifty percent credit shall be given against the requirement of land dedication or payment of fees in lie u thereof, if the approval authority finds that it is in the public interest to do so and that all 12-03-19 125 of 171 the standards in Section 13.08.080B, below are met and findings in Section 13.08.080C can be made. B. That the open space for which credit is given complies with the following standards: 1. Setback areas, private yards, and other open areas required by zoning and/or building ordinances or for streets and improvements that do not serve the park exclusively, shall not be included in the computation of such private open space. 2. The total usable open space acreage for the development must be equivalent to the park land dedication calculated pursuant to Section 13.08.050. 3. The open space must contain the mandatory elements and at least four of the six optional elements indicated in Table 13.08.080 below and meet the following criteria: a. The combined minimum acreage for a facility with a recreation center and children's play apparatus area is 1.3 acres. b. The minimum combined acreage for a facility not including a recreation center or children's play area is 1.5 acres. Table 13.08.080 - Mandatory and Optional Elements for private open space Mandatory Element Minimum Acreage Turfed playfield The playfield shall be a single unit of land which is generally level and free of physical barriers which would inhibit group play activities. 0.50 Optional Elements Children's play apparatus area 0.15 Recreational community gardens 0.25 Family picnic area 0.25 Game, fitness or sport court area 0.25 Accessible swimming pool (42' x 75' with adjacent deck and lawn areas) 0.25 Recreation center buildings and grounds 0.15 C. The approval authority may grant park credit for a combination of the above elements or a combination of the above elements and other recreation improvements that will meet the specific recreation needs of a specialized housing development, such as a senior housing development, with occupancy controlled via a covenant with t he City named as a third party beneficiary. 12-03-19 126 of 171 D. Findings. The approval authority shall adopt the following written findings and shall require the recordation of covenants running with the land to ensure that credited elements are maintained, before credit is given: 1. That yards, court areas, setbacks, decorative landscape areas normally associated with residential site design and other areas required to remain free and clear by zoning and building ordinances and regulations shall not be included in the computation of such private open space; 2. That such space is to be wholly or partially owned and maintained by the future residents of the development and that the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions; 3. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be eliminated without the consent of the City or its successor; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topog raphy, geology, access and location; 5. That the facilities proposed for private recreation or open space are in substantial conformance with General Plan policies. 13.08.090 Credit for Existing Dwelling Units. When dwelling units exist on the property where development is proposed, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof for the number of units existing. As used herein, the term "existing" refers to units which exist at the time of approval of the dwelling units or which were demolished within one year prior to the submittal of an application for development of the dwelling units, for which previously park land dedication or fees in lieu thereof have been collected. For credits applicable to existing units included in proposed subdivisions, see section 18.24.110. 13.08.100 General Procedures A. At the time of approval of the dwelling units, the approval authority shall determine whether a park land dedication, a fee in lieu thereof, or a combination of both, is required unless a park land dedication or fee has already been provided. 12-03-19 127 of 171 B. At the time of building permit issuance or recordation of a final subdivision map, whichever is earliest, park land shall be dedicated to the City or the fee in lieu thereof shall be paid. C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the building permits, approved as to form by the City Attorney, and shall be recorded prior to final occupancy. D. The City will provide a credit to the Developer for the value of any improvements installed by the Developer. This credit shall include a reduction in the amount of land dedicated or fees in-lieu thereof. Improvements and installations performed by the developer for which credits are given must be designed and constructed prior to occupancy of the development. SECTION 2. Chapter 18.24, of Title 18 of the Cupertino Municipal Code is hereby amended to read as follows: 18.24.020 Purpose. This section is enacted pursuant to the authority granted by the Government Code. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the open space and conservation element of the adopted General Plan of the City of Cupertino, and any amendments. 18.24.030 Requirements. A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both for park or recreational purposes at the time and according to the standards and formula contained in Chapter 13.08. The City has the discretion to determine which of the three options shall be required. B. The provisions of this chapter are not applicable to the following land use categories: 1. Commercial or industrial subdivisions; 2. Condominium conversion projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added; 3. Convalescent hospitals and similar dependent care facilities; and 4. Subdivisions containing less than five parcels and not used for residential purposes. 12-03-19 128 of 171 18.24.040 General Standard. The Park Land Dedication shall be as identified in the City’s General Plan and Chapter 13.08. 18.24.050 Dedication of Land. A. Where dedication of land is required, the subdivider shall dedicate park land in compliance with the formula set out in Section 13.08.050. 18.24.060 Fees in Lieu of Land Dedication. A. Fees in Lieu of Land Required. Where fees in lieu of park land are required, the subdivider shall pay such fees in compliance with Section 13.08.060. 18.24.070 Criteria for Requiring Both Dedication and Fee. The criteria for requiring subdividers to dedicate land and pay a fee in lieu thereof is set forth in Section 13.08.070 and Section 18.24.090. 18.24.080 Subdividers not within General Plan. Where the proposed subdivision lies within an area not included but to be included within the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu, or a combination of both, in accordance with the adopted park and recreational principles and standards of the City's General Plan and in accordance with the provisions of this chapter. 18.24.090 Determination of Land or Fee. A. In addition to the standards identified in Section 13.08.070 for whether the City shall accept land dedication or elect to require payment of a fee, for subdivisions containing fifty parcels or more, or for a condominium project, stock cooperative, or community apartment project exceeding 50 dwelling units, the City shall also consider the policies contained in the Recreation, Parks, and Community Services element of the City’s General Plan. B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 18.24.100 Credit for Private Recreation or Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof, pursuant to requirements of Section 13.08.080. 18.24.110 Credit for Existing Residential Units. 12-03-19 129 of 171 Where any proposed subdivision contains existing residential units, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof for each lot which contains residential unit or units. As used herein, the term "existing" refers to a residential unit or units which exist at the time of the recordation of a final map or which were demolished within one year prior of the tentative map application, for which previously park land dedication or fees in lieu of have been collected. 18.24.120 Procedure. A. At the time of approval of the tentative subdivision map, the City Council shall determine whether land is to be dedicated and/or fees to be paid, or a combination of both, by the subdivider pursuant to Chapter 13.08. B. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees. C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded simultaneously with the final subdivision map. D. The City will provide a credit to the Developer for the value of any improvements installed by the Developer. This credit shall include a reduction in the amount of land dedicated or fees in-lieu thereof. Improvements and installations performed by the developer for which credits are given must be designed and constructed prior to occupancy of the development. 18.24.130 Commencement of Development. At the time of approval of the final subdivision map, the City Council shall specify when development of the park or recreational facilities shall be commenced. 12-03-19 130 of 171 12-03-19 131 of 171 CHAPTER 13.08: PARK LAND DEDICATION FEE Section 13.08.010 Purpose. 13.08.020 Definitions. 13.08.030 Applicability. 13.08.040 ReservedExceptions and Credits. 13.08.050 Park land dedication. 13.08.060 Fees in lieu of park land dedication. 13.08.070 Combination of park land dedication and fee. 13.08.080 Credit for private recreation or open space. 13.08.090 Credit for existing dwelling units. 13.08.100 General procedures. 13.08.010 Purpose. The purpose of this Chapter is to regulate, in the public interest, convenience, health, welfare and safety, the provision of park and recreational facilities upon development for which dedication of land and/or payment of a fee is required in accordance with the open space and conservation recreation, parks and community services element of the adopted General Plan of the City of Cupertino, and any amendments. 13.08.020 Definitions. "Dwelling unit" or "unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy on a non-transient basis and having not more than one kitchen. "Park land dedication" means land located at ground level, dedicated to the city, in fee simple ownership, to the center of the earth. “Senior citizen housing development” means a development as defined in Civil Code Section 51.3 or as defined in Civil Code Section 798.76 or 799.5. 13.08.030 Applicability. Upon dDevelopments of a new dwelling units must address the increased demands for parks through, at the option of the City, a park land dedication, or a payment of a fee in lieu thereof, or a combination of both, at the time and according to the standards and formula provided in this Chapter 13.08., The City has the discretion to determine which of the three options above shall be required. Clarifications/standards Clarifications Update 12-03-19 132 of 171 13.08.040 ReservedExceptions and Credits. A. The requirements in this chapter shall not apply to the following developments: 1. Subdivisions exempt from park land dedication requirements pursuant to Government Code Section 66477 B. A credit to the park land dedication or in-lieu fee requirements may be granted by the approval authority as follows: 1. Senior citizen housing development shall be granted a credit pursuant to Section 13.08.050. 2. Developments that include private recreation or open space shall be granted a credit pursuant to Section 13.08.080. 3. Developments including existing dwelling units may be granted credit pursuant to Section 13.08.090. 13.08.050 Park Land Dedication. A. Where the City determines that dedication of a park or recreational facility is required pursuant to this Chapter be located in whole or in part within the proposed development, land sufficient in topography and size shall be dedicated per the formula below. Park Land Dedication/Du (in acres) = (Average number of persons/DU) x (Park Acreage Standard)/1000 persons) x (Number of Dwelling Units) B. The Park Acreage Standard is three acres of property for each one thousand persons. C. Park land dedication based on development density: Table 13.08.050 indicates the average park land dedication required per dwelling unit based on development density per the formula above (Section 13.08.050.A). D. Average number of persons/DU shall be determined pursuant to Table 13.08.050. E. The number of dwelling units is calculated consistent with Section 13.08.090. F. Standards for dedicated land: To satisfy this dedication requirement, the park land must be: 1. Located at ground level and dedicated to the City in fee simple ownership, to the center of the earth; 2. At least one contiguous piece of land of at least 0.27 acres in size, excluding hillsides over a ten (10) percent slope, riparian set back areas and environmental mitigation areas; Conformance with State Law Clarifications Clarifications Standards for Park Land Clarifications 12-03-19 133 of 171 3. At least 0.25 acres of the dedicated land must be gradable to create a flat area of less than five (5) percent slope in any direction; 4. All dedicated land must be at least 50 feet wide and 0.10 acres in contiguous size. The City Council may waive this requirement when doing so facilitates the provision of pocket parks or other desirable park amenities. 5. Located adjacent to a street in order to promote public safety and facilitate policing; and 6. Setback areas, private yards, and other open areas required by zoning and/or building ordinances or for streets and improvements that do not serve the park exclusively, shall not be included in the computation of dedicated park or recreational acreage. Table 13.08.050: Park Land Dedication Formula Table Density (DU/acre) Average number of persons/DU Average Park Land Dedication/ DU (in acres) 0 - 5 3.5 .0105 5 - 10 2.0 .0060 10 - 20 2.0 .0060 20+ 1.8 .0054 10+ 1.8 .0054 Senior Citizen Housing Development 1.0 .0030 13.08.060 Fees in Lieu of Park Land Dedication. A. General Standard. 1. If the City determines that a park land dedication is not required, aA fee shall be paid in lieu thereof park land dedication shall be required pursuant to the requirements of this Chapter. 2. Fees in Lieu of Land. If a proposed development containsSubdivisions containing fifty units or less, a fee in lieu of park land dedication shall be paidpay a fee in lieu of park land dedication except as provided in the Govt. Code Section 66477(a)., unless dedication is deemed appropriate and in the public interest by. B. Amount. The amount of the fee shall be equal to the fair market value of the land prescribed for dedication pursuant to Section 13.08.050. The fee shall be calculated as follows: Standards for Park Land Conformance with State Law 12-03-19 134 of 171 In lieu fee = (((Average Park land Dedication/DU)*(Net new dwelling units)*( (in acres)1 x (Fair Market Value of land/ per acre) 1 Calculated pursuant to Section 13.08.050. C. Fair Market Value of land per acre. The DepartmentDirector of Public Works shall establish the fair market value of land within the City and update the value on an annual basis in the City's Fee Schedule. The fair market value shall be determined by reference to comparable land within the City. As used herein, the term "comparable" means land of similar size and development potential as the land which would otherwise be dedicated. D. Use of Money. The money collected shall be paid to the Treasurer of the City or his or her authorized agent. Such money shall be placed in a special revenue fund which shall be known as the "park dedication in-lieu fee fund" and shall be used for all purposes allowed by State Law. 13.08.070 Combination of Park Land Dedication and Fee. A. The City shall determine whether it accepts park land dedication, elects to require payment of a fee in lieu, or a combination of both a park land dedication and a fee in lieu, upon consideration of the public interest, convenience, health, welfare, and safety, including, but not limited to, the following: 1. Topography, geology, access and location of land in the development available for dedication; 2. Size and shape of the development and land available for dedication; 3. Feasibility of dedication; 4. Adequacy of existing park land in the surrounding area pursuant to the Recreation, Parks And Community Services Element policies of the General Plan;Availability of previously acquired park property. 5. The number of parcels or units in the development. B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 13.08.080 Credit for Private Recreation or Open Space. A. Where private open space for park and recreational purposes, accessible to all residents in a development, is provided in a proposed development, fifty percent credit shall be given against the requirement of land dedication or payment of fees in lieu thereof, if the approval authority finds that it is in the public interest to do so and that all Clarifications Clarifications specifying additional factors 12-03-19 135 of 171 the standards in Section 13.08.080B, below are met and findings in Section 13.08.080C can be made. B. That the open space for which credit is given complies with the following standards: 1. Setback areas, private yards, and other open areas required by zoning and/or building ordinances or for streets and improvements that do not serve the park exclusively, shall not be included in the computation of such private open space. 2. The total usable open space acreage for the development must be equivalent to the park land dedication calculated pursuant to Section 13.08.050. 23. The open space must contain the mandatory elements and at least four of the six optional elements indicated in Table 13.08.080 below and meet the following criteria: a. The combined minimum acreage for a facility with a recreation center and children's play apparatus area is 1.3 acres. b. The minimum combined acreage for a facility not including a recreation center or children's play area is 1.5 acres. Table 13.08.080 - Mandatory and Optional Elements for private open space Mandatory Element Minimum Acreage Turfed playfield The playfield shall be a single unit of land which is generally level and free of physical barriers which would inhibit group play activities. 0.50 Optional Elements Children's play apparatus area 0.15 Recreational community gardens 0.25 Family picnic area 0.25 Game, fitness or sport court area 0.25 SwimAccessible swimming pool (42' x 75' with adjacent deck and lawn areas) 0.25 Recreation center buildings and grounds 0.15 C. The approval authority may grant park credit for a combination of the above elements or a combination of the above elements and other recreation improvements that will meet the specific recreation needs of a specialized housing development, such as a senior housing development, with occupancy controlled via a covenant with the City named as a third party beneficiary. Standards for private open Space Clarifications 12-03-19 136 of 171 D. Findings. The approval authority shall adopt the following written findings and shall require the recordation of covenants running with the land to ensure that credited elements are maintained, before credit is given: 1. That yards, court areas, setbacks, decorative landscape areas normally associated with residential site design and other areas required to remain free and clear by zoning and building ordinances and regulations shall not be included in the computation of such private open space; 2. That such space is to be wholly or partially owned and maintained by the future residents of the development and that the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions; 3. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be eliminated without the consent of the City or its successor; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; 5. That the facilities proposed for private recreation or open space are in substantial conformance with General Plan policies. 13.08.090 Credit for Existing Dwelling Units. When dwelling units exist on the property where development is proposed, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof for the number of units existing. As used herein, the term "existing" refers to units which exist at the time of approval of the dwelling units or which were demolished within one year prior to the submittal of an application for development of the dwelling units, for which previously park land dedication or fees in lieu thereof have been collected. For credits applicable to existing units included in proposed subdivisions, see section 18.24.110. 13.08.100 General Procedures A. At the time of approval of the dwelling units, the approval authority shall determine whether a park land dedication, or a fee in lieu thereof, or a combination of both, is required unless a park land dedication or fee has already been provided. Clarifications 12-03-19 137 of 171 B. At the time of building permit application,issuance or recordation of a final subdivision map, whichever is earliest, park land shall be dedicated to the City or the fee in lieu thereof shall be paid. C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the building permits, approved as to form by the City Attorney, and shall be recorded simultaneously with the issuance ofprior to final occupancy. D. The City will provide a credit to the Developer for the value of any improvements installed by the Developer. This credit shall include a reduction in the amount of land dedicated or fees in-lieu thereof. Improvements and installations performed by the developer for which credits are given must be designed and constructed prior to occupancy of the development. If park land dedication is required, the design of the park shall be reviewed and approved, and construction shall be completed prior to occupancy of the development. 18.24.020 Purpose. This section is enacted pursuant to the authority granted by the Government Code. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the open space and conservation element of the adopted General Plan of the City of Cupertino, and any amendments. 18.24.030 Requirements. A. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both , at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.Chapter 13.08. The City has the discretion to determine which of the three options shall be required. B. The provisions of this chapter are not applicable to the following land use categories: 1. Commercial or industrial subdivisions; 2. Condominium conversion projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added; 3. Convalescent hospitals and similar dependent care facilities; and. 4. Subdivisions containing less than five parcels and not used for residential purposes. Clarifications Conformance with State Law Clarifications and conformance with State LawUpdates 12-03-19 138 of 171 18.24.040 General Standard. The Park Land Dedication shall be as identified in the City’s General Plan and Chapter 13.08. 18.24.050 Dedication of Land. A. Where dedication of land is required, the subdivider shall dedicate park land in compliance with the formula set out in Section 13.08.050. Where a park or recreational facility has been designated in the open space and conservation element of the General Plan of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future need of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. B. The formula for determining acreage to be dedicated shall be pursuant to Section 13.08.050. 18.24.060 Fees in Lieu of Land Dedication. A. Fees in Lieu of Land Required. Where fees in lieu of park land are required, the subdivider shall pay such fees in compliance with Section 13.08.060. General Formula. If there is no park or recreation facility designated in the open space and conservation element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee pursuant to the formula in Section 13.08.060. B. Fees in Lieu of Land–Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee in lieu of dedication, unless dedication is deemed appropriate and in the public interest by the City. C. Fair Market Value of land per acre. The Fair Market Value of land per acre shall be established pursuant to Section 13.08.050C. D. Use of Money. The money collected shall be paid and used pursuant to Section 13.08.060D. 18.24.070 Criteria for Requiring Both Dedication and Fee. Clarifications Clarifications 12-03-19 139 of 171 In subdivisions of over fifty parcels, the subdivider shall bothThe criteria for requiring subdividers to dedicate land and pay a fee in lieu thereof is set forth in Section 13.08.070 and Section 18.24.090. in accordance with the following formula: A. When only a portion of the land to be subdivided is proposed in the open space and conservation element of the General Plan as the site for a local park, the portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 18.24.060 shall be paid for any additional land that would have been required to be dedicated pursuant to Section 18.24.050. B. When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section 18.24.060 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Section 18.24.050, the fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. 18.24.080 Subdividers not within General Plan. Where the proposed subdivision lies within an area not included but to be included within the City's General Plan, the subdivider shall dedicate land, pay a fee in lieu, or a combination of both, in accordance with the adopted park and recreational principles and standards of the City's General Plan and in accordance with the provisions of this chapter. 18.24.090 Determination of Land or Fee. A. If the relationship between a proposed subdivision containing fifty parcels or more and the open space and conservation element is unclear, the City Council shall determine whether it accepts land dedication or elects to require payment of a fee, by consideration of the standards identified in Section 13.08.070. A. In addition to the standards identified in Section 13.08.070 for whether the City shall accept land dedication or elect to require payment of a fee, for subdivisions containing fifty parcels or more, or for a condominium project, stock cooperative, or community apartment project exceeding 50 dwelling units, the City shall also consider the policies contained in the Recreation, Parks, and Community Services element of the City’s General Plan. B. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 18.24.100 Credit for Private Recreation or Open Space. Clarifications Clarifications Conformance with State Law 12-03-19 140 of 171 Where private open space for park and recreational purposes is provided in a proposed subdivision, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof, pursuant to requirements of Section 13.08.080. 18.24.110 Credit for Existing Residential Units. Where any lot or lots of a proposed subdivision contains existing residential units, a credit shall be given against the requirement of land dedication or payment of fees in lieu thereof for each lot which contains residential unit or units. As used herein, the term "existing" refers to a residential unit or units which exist at the time of the recordation of a final map or which were demolished within one year prior of the tentative map application., for which previously park land dedication or fees in lieu of have been collected. 18.24.120 Procedure. A. At the time of approval of the tentative subdivision map, the City Council shall determine pursuant to Section 18.24.100 thewhether land is to be dedicated and/or fees to be paid, or a combination of both, by the subdivider pursuant to Chapter 13.08. B. At the time of the filing of the final subdivision map, the subdivider shall dedicate the land and/or pay the fees as previously determined by the City Council. C. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded simultaneously with the final subdivision map. D. The City will provide a credit to the Developer for the value of any improvements installed by the Developer. This credit shall include a reduction in the amount of land dedicated or fees in-lieu thereof. Improvements and installations performed by the developer for which credits are given must be designed and constructed prior to occupancy of the development. 18.24.130 Commencement of Development. At the time of approval of the final subdivision map, the City Council shall specify when development of the park or recreational facilities shall be commenced. 1179826.11 Clarifications Clarifications Clarifications 12-03-19 141 of 171 Fourth Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR State Clearinghouse No. 2014032007 Prepared by the City of Cupertino November 26, 2019 12-03-19 142 of 171 SECTION 1.0 INTRODUCTION AND PURPOSE This Addendum to the Final Environmental Impact Report (“Final EIR”) for the City of Cupertino General Plan Amendment, Housing Element Update and Associated Rezoning (the “Final EIR project”) (State Clearinghouse Number 2014032007) addresses proposed clarifications to Park Land Dedication requirements in Chapter 13.08 of the Municipal Code and conforming amendments to portions of Chapter 18.24 (Subdivisions, Dedications and Reservations). The City of Cupertino certified the Final EIR in December 2014, adopted the General Plan in December 2014 with subsequent minor edits adopted in October 2015 and amendments adopted in 2019, and adopted the Housing Element in March 2015. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) for five Special Areas, seven Study Areas, and other Special Areas. The purpose of this Addendum is to evaluate whether the proposed modifications to the Park Land Dedication requirements, which are described in Section 3.0 Proposed Changes in Circumstances Under which the Final EIR Project is Undertaken below, require major revisions to the Final EIR or a subsequent EIR due to new significant impacts or a substantial increase in the severity of significant impacts previously identified in the Final EIR. This Addendum has been prepared by the City of Cupertino as the Lead Agency, in conformance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the regulations and policies of the City of Cupertino. For the reasons articulated in this Addendum and based on substantial evidence in the record, the City concludes that no revised or subsequent EIR is required. SECTION 2.0 STANDARD FOR PREPARATION OF AN ADDENDUM CEQA Guidelines Section 15164 states that the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162 states that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 12-03-19 143 of 171 (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 3.0 PROPOSED CHANGE IN CIRCUMSTANCES UNDER WHICH THE FINAL EIR PROJECT IS UNDERTAKEN The proposed amendments clarify the park land dedication requirements for the development of new residential units. The amendments are applicable to all developable property that would be developed with new residential units, with certain limited exceptions. A zoning map of the City showing residential zones is included in Figure 3-1. The Final EIR analyzed future development in the City in all zoning districts. Much of the City is zoned primarily for single-family or low-density residential uses, with about 70% of the City comprised of single-family development. In 2014 and today, most of the City is already developed, with very few vacant properties. The Final EIR also recognized the significant challenges to redeveloping single family developments with multi-family uses. Therefore, most future development was anticipated to occur on in-fill sites. The overall residential development, analyzed in the Final EIR and certified in 2014, allowed for the development of up to 4,421 residential units at 2040 Build-out, the majority of which were anticipated to be in mixed-use, multi-family residential projects along major corridors within the City. The Final EIR explained that while buildout of the Final EIR Project would cumulatively increase demand for parks and recreational services in the City, compliance with the City’s Municipal Code—including the park land dedication ordinance—“would ensure that adequate parklands and recreational facilities are provided . . . which would mitigate potential impacts that future development would have on park and recreation services in the city.”1 Final EIR at 4.12-33. 1 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 12-03-19 144 of 171 Consequently, the Final EIR concluded that the Final EIR Project would have less than significant impacts to park and recreational services.2 The City proposes clarifications to the park land dedication ordinance, Chapter 13.08 of the Municipal Code and conforming amendments to Chapter 18.24 (Dedications and Reservations for subdivisions). These amendments may be considered a change in the circumstances under which the Final EIR project is undertaken, given that the Final EIR relies on the park land dedication ordinance to evaluate the potential significance of City residential development. Specifically, the City proposes to adopt the following text amendments to the Municipal Code to clarify park land dedication regulations by providing express requirements to: • Require park land dedications to be at the ground level and in fee simple ownership. • Require park land dedications to be of a minimum size, width, and slope, as specified. • Require park land dedications to be located adjacent to a street. • Require private open space applied towards dedication credits to be accessible to all residents in the development, and other clarifying requirements. • Add other minor clarifications to improve readability of the ordinance, to clarify existing standards and processes, to correct internal references and cross-references, and to ensure internal consistency. 2014032007. June 18, 2014. Page 4.12-33. 2 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 4.12-34. 12-03-19 145 of 171 ZONING MAP FIGURE 3-1 12-03-19 146 of 171 SECTION 4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED CHANGE IN CIRCUMSTANCES UNDER WHICH THE FINAL EIR PROJECT IS UNDERTAKEN The following discusses the potential effects on the physical environment from implementing the proposed change in circumstances under which the Final EIR project will be undertaken. This analysis has been prepared to determine whether any of the conditions in State CEQA Guidelines Section 15162 (described in Section 2.0 Standards for Preparation of an Addendum, above) would occur as a result of the proposed change in circumstances related to the park land dedication regulations. SAME IMPACTS The analyses in the Final EIR assumed that a majority of new development anticipated in the City would be infill development in mixed-use, multi-family developments as is evidenced in a review of the areas where the residential growth was planned.3 The Final EIR identified General Plan policies and programmatic mitigation measures to reduce the park and recreation impacts from development of multi-family uses in any of the areas that allow such development, including the park land dedication ordinance. The clarifications identified above, if adopted by the City Council as part of the proposed modifications, would not change the less-than-significant impact analyzed and disclosed in the Final EIR because the parkland dedication ordinance, as modified, together with the other requirements and policies identified in the Final EIR, would still adequately mitigate potential impacts that future development would have on park and recreation services. The proposed amendments do nothing to significantly change the application or effectiveness of the park land dedication ordinance or other policies. For this reason, the decision by the City Council as to clarify the park land dedication standards has no effect on the analysis or conclusions in the Final EIR. The proposed change in circumstances would have no impacts to agriculture, forestry, or mineral resources, because those resources are not found within the City of Cupertino. The proposed change in circumstances, therefore, would not result in any new or substantially more severe significant impacts to agriculture, forestry, or mineral resources than were analyzed and disclosed in the Final EIR. The proposed change in circumstances do not modify the assumption that infill, mixed-use multi- family development are anticipated within the Special Areas and major corridors. Clarifying the park land dedication standards for development within these areas would not cause a new significant impact or a substantial increase in the severity of the impacts analyzed and disclosed in the Final EIR. For this reason, the proposed change in circumstances would result in the same land use impacts as 3 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Response to Comments Document. SCH# 2014032007. August 28, 2014. Page 3-29. 12-03-19 147 of 171 disclosed in the Final EIR, and would not result in any new or substantially more severe significant land use impacts than were analyzed and disclosed in the Final EIR. The physical condition and characteristics of the properties within the City have not substantially changed since the certification of the Final EIR. The urban nature, trees, soil characteristics, seismic potential, and drainage on-site are in the same or similar condition as they were in 2014. The development facilitated by the proposed modifications to parkland dedication ordinance would take place in the same areas and result in the same area of ground disturbance as analyzed in the Final EIR. For this reason, the proposed change in circumstances would result in the same impacts to biological resources, cultural resources, geology and soils, hazards and hazardous materials, and hydrology and water quality as disclosed in the Final EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. The number of residential units that could be built in the City would not be impacted by the proposed change in circumstances compared to the analysis contained in the Final EIR. The residential densities remain unchanged and no changes are proposed to the residential development allocation in the General Plan. The calculation of parkland dedication acreage and in lieu fee requirements remain unchanged. For this reason, the proposed change in circumstances would have the same population and housing impacts as disclosed in the Final EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. Since no changes are proposed to the overall development program analyzed in the Final EIR, there would be no changes to the daily or peak hour vehicle trips. For this reason, the change in circumstances would not result in new or substantially more severe significant traffic impacts than were analyzed and disclosed in the Final EIR. In addition, there would be no changes to pollutant emissions, noise and vibration, and energy and utility demand compared to the analysis in the Final EIR. The Final EIR project identifies height limitations and includes slope line criteria for development; these standards are not impacted by the proposed change in circumstances. Therefore, implementation of the proposed text amendments in the Municipal Code would not result in greater impacts to aesthetics, air quality, energy, greenhouse gas emissions, public services, recreation, transportation, and utilities and service systems than were analyzed and disclosed in the Final EIR because the amount of development analyzed remains the same. The City does not anticipate that the proposed text amendments would result in reduced amounts of development as compared to the Final EIR Project. However, the Final EIR evaluated alternatives to 12-03-19 148 of 171 the Final EIR project that included reduced amounts of development,4 and concluded that these alternatives would result in essentially the same impacts as the Final EIR project.5 Table 4-1 summarizes the impacts of the proposed modifications to the Final EIR compared to Final EIR project. 4 The below table summarizes the citywide development amounts studied as the Final EIR project and alternatives analyzed in the Final EIR. Summary of Citywide Development Studied in the Final EIR. Final EIR Project No Project Land Use Alternative A Land Use Alternative B Office Square Footage 4,040,231 540,231 1,040,231 2,540,231 Commercial Square Footage 1,343,679 701,413 701,413 1,343,679 Hotel Rooms 1,339 339 600 839 Residential Units 4,421 1,895 1,895 3,316 Source: City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 2-5. 5 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 5-5. 12-03-19 149 of 171 Table 4-1: Comparison of Impacts of the Final EIR Project and Proposed Modifications to the Final EIR Project Compared to Impacts Disclosed in the Final EIR, the Impacts of the Proposed Modifications to the Final EIR Project would be: Same Lesser New Significant or More Substantial Aesthetics X Agricultural and Forestry Resources X Air Quality X Biological Resources X Cultural Resources X Geology, Soils, and Seismicity X Greenhouse Gas Emissions X Hazards and Hazardous Materials X Hydrology and Water Quality X Land Use and Planning X Mineral Resources X Noise and Vibration X Population and Housing X Public Services and Recreation X Transportation and Traffic X Utilities and Service Systems X 12-03-19 150 of 171 SECTION 5.0 COMPARISON TO THE CONDITIONS LISTED IN CEQA GUIDELINES SECTION 15162 SUBSTANTIAL CHANGES TO THE PROJECT The proposed changes to the park land dedication ordinance are not a change to the project analyzed in the Final EIR. Consequently, there are no substantial changes proposed in the Final EIR project that will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. SUBSTANTIAL CHANGES IN CIRCUMSTANCES As described above in Section 4.0, the proposed change in circumstances related to modifications to the park land dedication ordinance would not result in new significant environmental impacts beyond those identified in the Final EIR, would not substantially increase the severity of significant environmental effects identified in the Final EIR, and thus would not require major revisions to the Final EIR. The proposed change in circumstance, therefore, is not substantial and does not require major revisions to the Final EIR or a subsequent EIR. In addition, the physical conditions within the City have not changed substantially since the certification of the Final EIR, although some structures have been improved and others have been demolished. Clarifying the applicable parkland standards for some of these modified sites do not result in a new significant environmental effect or a substantial increase in the severity of environmental effects identified in the Final EIR, and, thus, do not require major revisions to the Final EIR or a subsequent EIR. NEW INFORMATION No new information of substantial importance, which was not known and could not have been known when the Final EIR was certified, has been identified which shows that the proposed modifications to circumstances for the Final EIR project would be expected to result in: 1) new significant environmental effects not identified in the Final EIR; 2) substantially more severe environmental effects than shown in the Final EIR; 3) mitigation measures or alternatives previously determined to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project sponsor declines to adopt the mitigation or alternative; or 4) mitigation measures or alternatives which are considerably different from those identified in the Final EIR would substantially reduce one or more significant effects of the project but the project sponsor declines to adopt the mitigation measure or alternative. SECTION 6.0 CONCLUSION For the reasons stated above, and based on the analysis in the Final EIR and the existing conditions in the City, the City has concluded that the proposed change in circumstances would not result in any new impacts not previously identified in the Final EIR; nor would it result in a substantial increase in the severity of any significant environmental impact previously identified in the EIR. For these 12-03-19 151 of 171 reasons, a subsequent EIR is not required and an addendum to the Final EIR is the appropriate CEQA document to address the proposed amendments to the park land dedication ordinance. 12-03-19 152 of 171 CHAPTER 9: RECREATION, PARKS AND COMMUNITY SERVICES ELEMENT general plan (community vision 2015 - 2040) POLICY RPC-2.1: PARKLAND ACQUISITION The City’s parkland acquisition strategy should be based upon three broad objectives: • Distributing parks equitably throughout the City; • Connecting and providing access by providing paths, improved pedestrian and bike connectivity and signage; and • Obtaining creek lands and restoring creeks and other natural open space areas, including strips of land adjacent to creeks that may be utilized in creating buffer areas, trails and trail amenities. STRATEGIES: RPC-2.1.1: Dedication of Parkland. New developments, in areas where parkland deficiencies have been identified, should be required to dedicate parkland rather than paying in-lieu fees. RPC-2.1.2: Public Use of School Sites. Zone all public school sites for public use to allow for the public to use sites, when not in use by schools, through shared arrangements. RPC-2.1.3: Acquisition of Surplus Properties. Explore acquisition of surplus school and agency properties for parkland. Take advantage of the Naylor Act to purchase surplus school sites. GOAL RPC-2 Distribute parks and open space throughout the community and provide services, and safe and easy access, to all residents and workers RPC-23 12-03-19 153 of 171 CHAPTER 9: RECREATION, PARKS AND COMMUNITY SERVICES ELEMENT general plan (community vision 2015 - 2040) POLICY RPC-2.2: PRIVATE OPEN SPACE AND RECREATION FACILITIES Encourage the continued existence and profitability of private open space and recreation facilities through incentives and development controls. STRATEGIES: RPC-2.2.1: Existing Facilities. Encourage the continued existence of private recreational facilities through land use zoning and incentives. RPC-2.2.2: New Facilities. • Require major developments to incorporate private open space and recreational facilities, and seek their cooperation in making the spaces publicly accessible. • Where feasible, ensure park space is publicly accessible (as opposed to private space). • Encourage active areas to serve community needs. However, a combination of active and passive areas can be provided based on the setting. • Integrate park facilities into the surroundings. • If public parkland is not dedicated, require park fees based on a formula that considers the extent to which the publicly-accessible facilities meet community need. POLICY RPC-2.3: PARKLAND DISTRIBUTION Strive for an equitable distribution of parks and recreational facilities throughout the City. Park acquisition should be based on the following priority list. Accessibility to parks should be a component of the acquisition plan. • High Priority: Parks in neighborhoods or areas that have few or no park and recreational areas. • Medium Priority: Parks in neighborhoods that have other agency facilities such as school fields and district facilities, but no City parks. • Low Priority: Neighborhoods and areas that have park and recreational areas which may be slightly less than the adopted City’s parkland standard. • Private Development: Consider pocket parks in new and renovated projects to provide opportunities for publicly-accessible park areas. POLICY RPC-2.4: CONNECTIVITY AND ACCESS Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; ensure that walking and RPC-24 12-03-19 154 of 171 CHAPTER 9: RECREATION, PARKS AND COMMUNITY SERVICES ELEMENT general plan (community vision 2015 - 2040) biking routes are reasonably free of physical barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide adequate directional and site signage to identify public parks. STRATEGIES: RPC-2.4.1: Pedestrian and Bike Planning. Implement recommendations in the Bicycle and Pedestrian Plans to link employment and special areas, and neighborhood to services including parks, schools and neighborhood shopping. RPC-2.4.2: Signage. Adopt and maintain a master signage plan for all public parks to ensure adequate and consistent signage is provided to identify public recreational areas. POLICY RPC-2.5: RANGE OF PARK AMENITIES Provide parks and recreational facilities for a variety of recreational activities. STRATEGIES: RPC-2.5.1: Special Needs. Extend recreational opportunities for special needs groups (seniors, disabled, visually-challenged, etc.) by making improvements to existing facilities and trails. RPC-2.5.2: Recreational Facilities. Explore the possibility of providing additional access to existing facilities such as gymnasiums, swimming pools and tennis courts. RPC-2.5.3: Community Gardens. Encourage community gardens, which provide a more livable environment by controlling physical factors such as temperature, noise, and pollution. RPC-25 12-03-19 155 of 171 CITY OF CUPERTINO Legislation Text Subject: Consider out-of-cycle Community Funding Grant for West Valley Community Services. Consider an out-of-cycle Community Funding Grant request of $5,000 for West Valley Community Services Gift of Hope Program and either: · Approve a Community Funding Grant of $5,000 for West Valley Community Services Gift of Hope Program, or · Recommend that West Valley Community Services apply for a Community Funding Grant during the City’s regular grant process. File #:19-6593,Version:1 CITY OF CUPERTINO Printed on 11/27/2019Page 1 of 1 powered by Legistar™ 12-03-19 156 of 171 CITY COUNCIL STAFF REPORT Meeting: December 3, 2019 Subject Consider out-of-cycle Community Funding Grant of $5,000 for West Valley Community Services. Recommended Action Consider an out-of-cycle Community Funding Grant request of $5,000 for West Valley Community Services Gift of Hope Program and either:  Approve a Community Funding Grant of $5,000 for West Valley Community Services Gift of Hope Program, or  Recommend that West Valley Community Services apply for a Community Funding Grant during the City’s regular grant process. Discussion A Community Funding Grant request of $5,000 was received for West Valley Community Services’ (WVCS) Gift of Hope Program. Consideration of this funding request would occur outside of the City’s regular Community Funding Grant Program process. Community Funding opportunities are made available to local non-profits on February 1st of every year with applications due on March 1st followed by a review of applications and recommendations by the Parks and Recreation Commission. If this funding is approved, it would be a stand-alone Community Funding Grant rather than be a requests that is considered among other applicants. WVCS is a non-profit organization that has been providing safety net services to low income and homeless individuals and families in the West Valley region of Santa Clara County for more than 45 years. WVCS offers a range of services, targeting families with children, at-risk youth, seniors, individuals, and disabled adults who are extremely low-income, living on a fixed-income, homeless or are at risk of becoming homeless. In 2019, WVCS was awarded a Community Funding Grant of $20,000 for its Pantry Overhang program through the City’s regular grant process. The additional funding request would be for the Gift of Hope Program, which was started to combat the stress and hopelessness that families living in poverty face during the holidays, with the goal of creating hopefulness and possibilities. This Program provides gifts and food to homeless and low-income families living in the service area during the December holiday 12-03-19 157 of 171 season. Gifts include traditional items, such as toys and small household appliances, in addition to seasonally appropriate clothing items that families cannot afford, such as jackets, gloves, hats, warm socks, and blankets. In addition to providing much needed items to families struggling financially, it relieves the stress caused by the pressure to engage in holiday spending that low-income families cannot afford. The Gift of Hope Program also allows families living in poverty to preserve household assets that would have been spent on holiday gifts so that they can be spent on critical household needs such as rent, utilities, and food. As part of the FY20 Community Funding process, in February 2019, WVCS applied for a Community Funding Grant for FY20 and was awarded $20,000 for a pantry overhang that will help to optimize food operation during inclement weather, improving client and volunteer experience. Current Community Funding Policy The City of Cupertino currently provides funding to local non-profit organizations. The current Community Funding Policy establishes a standard application process whereby funding decisions for non-profit requests can be addressed on a fair and consistent basis by establishing a set of criteria for evaluating all requests, ensuring that entities follow a formal application process, and pre-approving a dollar limit for those requests. (Attachment A). Current Community Funding Process At the Budget Adoption hearing in June 2018, Council requested that the Community Funding Program be updated to ensure that all applications receive due consideration and that Council is provided with all information necessary to make the final funding decisions. Council requested that the Parks and Recreation Commission evaluate all grant applications and provide funding recommendations to Council for consideration. On March 7, 2019, staff introduced the revised Community Funding Program to the Parks and Recreation Commission. The updated process includes the following:  All applications are due March 1. The Administrative Services Department reviews application for compliance with eligibility criteria and availability of funds. Staff may seek additional information from applicant as necessary.  Eligible applications are then forwarded to the Parks and Recreation Commission for a review and recommendation to the Council regarding grant approval and funding amounts: Additionally, staff developed criteria based on Council directionand best practices in other cities. The evaluation criteria include the following:  Impact on and benefit to the Cupertino community  Community need for the program/project/event  Alignment with City priorities  Uniqueness of the program/project/event  Qualifications and experience of the organization and its staff  Reasonable cost  Demonstrated effort to secure funding from other sources 12-03-19 158 of 171  Clarity, completeness, and accuracy of grant application  Past performance and compliance with requirements if a recurring applicant The current Community Funding Grant process requires organizations to submit a formal grant application that is first vetted by Administrative Services Department Staff to ensure minimum qualifications are met and is then forwarded to the Parks and Recreation Commission for further evaluation. The Parks and Recreation Commission then forwards their funding recommendation to Council during the Proposed Budget Study Session in May. Council makes the final decision on grant amounts for each applicant as part of the Final Budget Adoption Hearing which typically happens in June. The chart below summarizes this process: If this funding application is approved, it will be an exception to the current policy and process for community funding grants. Funding Options There are 2 options to consider in this out-of-cycle funding request:  Option A – Approve the Community Funding Grant request of $5,000 for WVCS Gift of Hope Program  Option B – Recommend WVCS apply for Community Funding Grant during regular grant process as summarized above Sustainability Impact No sustainability impact. 12-03-19 159 of 171 Fiscal Impact If approved, this would increase Community Funding expenditures by $5,000, funded by unassigned general fund fund balance. _____________________________________ Prepared by: Toni Oasay-Anderson, Management Analyst Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Deborah L. Feng, City Manager Attachments: A – Community Funding Policy B – Community Funding Grant Application for Gift of Hope 12-03-19 160 of 171 Fiscal Policies – Community Funding Policy PURPOSE The City of Cupertino currently provides funding to local non-profit organizations in the areas of social services, fine arts and other programs for the general public. This policy establishes a standard application process whereby funding decisions of non-profit requests can be addressed on a fair and consistent basis by establishing a set of criteria for evaluating requests, ensuring that all entities follow a formal application process and pre-approving a dollar limit for those requests. SCOPE All requests for funding must comply with this policy. POLICY The applicant should identify the services provided, purpose for the funds, how the expenditure aligns to City priorities and how the funds will be used to benefit the Cupertino community. A recurring organization should state how prior year funds, if any, were used. The applicant should include information about the organization, its budget and its purpose. Non-profit organizations which serve multi-jurisdictions should state what they have requested from other cities/organizations they service in regards to this program request. Cupertino does not fund ongoing operational costs. Requests should be for one-time, project specific needs. The organization must show that their staff has the experience to implement and manage the project. More than 75% of the budget must go to direct service costs versus administrative costs. Staff should include all requests and funding recommendations for Council consideration. Non-profits will be notified of our process in advance and no proposals will be entertained after March 1 of each year. City Council will make the final decision as part of the budget process. 12-03-19 161 of 171 12-03-19 162 of 171 12-03-19 163 of 171 12-03-19 164 of 171 12-03-19 165 of 171 12-03-19 166 of 171 12-03-19 167 of 171 12-03-19 168 of 171 12-03-19 169 of 171 12-03-19 170 of 171 12-03-19 171 of 171