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13. General Plan 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 CITY OF CUPEIQ1NO Community Development Department SUMMARY AGENDA NO. -LL AGENDA DATE November 15, 2005 SUBTECT: General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. RECOMMENDATION: The Planning Commission recommends that the City Council ~ Adopt a resolution certifying that the Environmental Impact Report is complete and in compliance with the California Environmental Quality Act (Resolution 05-193) ~ Adopt a resolution approving the General Plan Amendments (Resolution 05-194) ~ Adopt a resolution approving the General Plan Technical Appendices (Resolution 05-195) BACKGROUND: The City Council held seven public hearings from July to October on the proposed amendments to the General Plan. On October 18, the City Council adopted preliminary positions on the proposed amendments to the Task Force Draft General Plan (Exhibit A). Final amendments will be considered in light of the environmental impacts of the proposed amendments. Once the City Council approves the final amendments, the General Plan will be reformatted to include all the changes. DISCUSSION Final Environmental Impact Report The Final Environmental Impact Report is enclosed, which analyzes the impacts of the Council's preliminary positions. The conclusion of the report is that the impacts of the preliminary positions (referred to as the Revised Project Alternative) are less than significant. The Cupertino Union School District (CUSD) and Fremont Union High School District (FUHSD)were asked to respond to the Council preliminary positions on residential development. The CUSD responded the by stating that "the Printed on Recycled Paper /3--1 General Plan Update November 15, 2005 Page 2 significant increase in projected units will certainly increased the district's challenges in providing housing for the potential new students. Even though we still feel that district-wide we could accommodate the increase, if it were concentrated heavily in one single school attendance area it would create additional concerns.... [which might] require special mitigations." The letter concludes that "the normal city notification and individual project approval processes would afford the district the opportunity to address these special needed mitigations as they arise." The FUsHsD response (Stephen R. Rowley) is enclosed, which states that "I do not think that an increase of 268 students spread out over several years will have a likely negative impact on the general fund. ..The impact of these students on capacity, coupled with likely natural demographic growth, is another matter. I believe we can give you a more accurate, data-based response in February 2006." Final General Plan If the City Council approves the changes shown in Exhibit A, or modifies Exhibit A, the Task Force Draft and these changes will constitute the Final General Plan. This assumes that any additional changes are minor and would not require additional environmental analysis. As mentioned above, the approved General Plan will be reformatted. Also, an implementation plan will be prepared, which will identify the action items in the plan. The Planning Commission and City Council will prioritize action items and create a work program from the implementation plan. Technical Appendices The Technical Appendices, which consist of information that is too detailed for the General Plan, are adopted separately from the General Plan. They were provided in the original General Plan binders. The appendices are: A - Land Use Definitions B - Housing Element C - Air Quality D - Community Noise Fundamentals E - Geologic and Seismic Hazards F - Slope Density Responses to Comments: A substitute page, 2-40, for the Response to Comments documents, previously provided, is enclosed. 13--2 General Plan Update November 15, 2005 Page 3 Enclosures: Model Resolutions: 05-193 Certification of Environmental Impact Report 05-194 General Plan Amendments 05-195 General Plan Technical Appendices Planning Commission Resolutions: 6306 Certification of Environmental Impact Report 6305 General Plan Amendments 6307 General Plan Technical Appendices Task Force Draft General Plan - please bring to meeting Exhibit A - Planning Commission and City Council Recommendations, revised Novemberl5,2005 Final EIR (Draft EIR previously provided) Mitigation Monitoring Program Responses to Comments - substitute page 2-40 Technical Appendices (previously provided) School responses: Cupertino Union School District November 8, 2005 Fremont Union High School District, November 9, 2005 (emailed, signed version to follow) Letters from public Prepared by: Ciddy Wordell, City Planner Approved by: Steve Piasecki Director of Community Development David W. Knapp City Manager G:planning/pdreport/cc/CCGPA2004-01 nov 15 2005 l3 --3 EA-2005-l7 RESOLUTION No. 05-193 OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NUMBER 2002122061) FOR THE COMPREHENSIVE GENERAL PLAN AMENDMENT GPA-2004-0l IS COMPLETE AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City Council has reviewed the Environmental Impact Report (EIR) to consider the potential signifièant impacts that the Comprehensive General Plan Amendment may have on the environment; and WHEREAS, the City Council has held public hearings and considered the comments trom citizens, and trom representatives trom other public agencies and other interested groups on the EIR; and WHEREAS, the City Council has reviewed the responses to comments made at the public hearings and the review period; and WHEREAS, the City Council exercised its independent judgment while considering the information contained in the EIR prior to reaching a decision to approve said comprehensive General Plan Amendment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby certifies the Environmental Impact Report to be adequate and complete and in compliance with the Califomia Environmental Quality Act and the CEQA Guidelines. INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino this day of , 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSTAIN: ABSENT: APPROVED: Mayor City of Cupertino ATTEST: City Clerk Glplanninglpdreport\res\2004\gpa-2004-01 CC EIR res.doc {j-Y RESOLUTION NO. 05-194 OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A COMPREHENSIVE AMENDMENT OF THE LAND USE, HOUSING, CIRCULATION, ENVIRONMENTAL RESOURCES, AND HEALTH AND SAFETY ELEMENTS OF THE CITY OF CUPERTINO GENERAL PLAN. -----------------------------------~--------------- -------------------------------------------------- SECTION I: FINDINGS: WHEREAS, the City Council has held public hearings and considered public testimony from citizens, and from representatives from other public agencies and interested groups; and WHEREAS, the City Council considered the Environmental Impact Report that evaluated the potential significant impacts that the General Plan amendment may have on the environment; and WHEREAS, said Environmental Impact Report reflects the independent judgment of the City Council; and WHEREAS, the City Council determined that certain potential environmental effects resulting from adoption of the project may cause a significant effect upon the environment, but that changes have been incorporated into the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. WHEREAS, the City Council determined that the housing element substantially complies with Section 65583 of the Govemment Code finding that: I) Adequate sites are provided to meet regional needs; and 2) Opportunities for affordable housing are provided through higher density housing sites in the urban core area; WHEREAS, the City Council adopted City Council Resolution No. certifying the Environmental Impact Report to be complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED: That the City Council hereby adopts the General Plan entitled "Task Force Draft General Plan September 2004" and Changes (Exhibit A). --------------------------------------------------------------- --------------------------------------------------------------- I J ~S- GPA-2004-01 Page 2 INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino òn this day of , 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSTAIN: ABSENT: APPROVED: Mayor . City of Cupertino ATTEST: City Clerk g\planninglpdreport\res\2004\GP A -2004-0 1 CC res.doc 13~G RESOLUTION NO. 05-195 OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE GENERAL PLAN APPENDICES A (LAND USE DEFINITIONS), B (HOUSING ELEMENT TECHNICAL REPORT), C (AIR QUALITY), D (COMMUNITY NOISE FUNDAMENTALS), E (GEOLOGIC AND SEISMIC HAZARDS) AND F (SLOPE DENSITY) OF THE CITY OF CUPERTINO GENERAL PLAN --------------------------------------------------------------- ------------------~------------------------------------------ SECTION I: FINDINGS WHEREAS, the City Council of the City of Cupertino has reviewed appendices A, B, C, D, E, and F; and WHEREAS, the City Council finds that the proposed document meets the following requirements: I) That the appendices are aids to implementation of the Cupertino General Plan; 2) That the information in the appendices is consistent with existing General Plan Policy and with various related interpretations of Policy, and does not in itself create new policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ADOPTS AS FOLLOWS: I) Appendices A,B,C,D,E, and F as adjunct documents to the General Plan. ------------------------~--------------------------- ----------------------------------------------------- INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertino on this day of , 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSTAIN: ABSENT: APPROVED: Mayor City of Cupertino ATTEST: City Clerk glplanninglpdreportlresl20041cc gp appendices res.doc (3 - / GP A-2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6306 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL CERTIFY THAT THE ENVIRONMENTAL IMP ACT REPORT (STATE CLEARINGHOUSE NUMBER 2002122061) FOR THE COMPREHENSIVE GENERAL PLAN AMENDMENT GP A-2004-01 IS COMPLETE AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the Planning Commission has reviewed the Environmental Impact Report (EIR) to consider the potential significant impacts that the General Plan Amendment may have on the environment; and WHEREAS, the Planning Commission has held public hearings and considered the comments from citizens, and from representatives from other public agencies and other interested groups on the EIR; and WHEREAS, the Planning Commission has reviewed the responses to comments made at the public hearings and the review period; and WHEREAS, the Planning Commission exercised its independent judgment while considering the information contained in the EIR prior to reaching a decision to approve said comprehensive General Plan Amendment; and NOW, THEREFORE, the Planning Commission recommends that the City Council certify the Environmental Impact Report to be adequate and complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. PASSED AND ADOPTED this 28th day of June 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development /s/ Gilbert Wong Gilbert Wong, Chairperson Planning Commission I s-F GP A-2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6305 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A COMPREHENSIVE AMENDMENT OF THE LAND USE/COMMUNITY DESIGN, CIRCULATION, ENVIRONMENTAL REsOURCEs/sUsTAINABILITY AND HEALTH AND SAFETY ELEMENTS OF THE CITY OF CUPERTINO GENERAL PLAN SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: GPA-2004-01 (EA-2004-17) City of Cupertino Citywide SECTION II: FINDINGS WHEREAS, the Planning Commission has held public hearings and considered public testimony from citizens, and from representatives from other public agencies and interested groups; and WHEREAS, the Planning Commission considered the Environmental Impact Report which evaluated the potential significant impacts that the General Plan amendment may have on the environment; and WHEREAS, said Environmental Impact Report reflects the independent judgment of the Commission; and WHEREAS, the Planning Commission determined that certain potential environmental impacts resulting from adoption of the project may cause a significant effect upon the environment, but that changes have been incorporated into the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 6305 recommending that the City Council certify the Environmental Impact Report to be complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission hereby approves the General Plan entitled "The Task Force Draft September 2004" and Changes (Exhibit A) 13- c¡ Resolution No. 6305 Page 2 GP A-2004-01 June 28, 2005 PASSED AND ADOPTED this 28th day of June 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Isl Steve Piasecki Steve Piasecki Director of Community Development Is/ Gilbert Wong Gilbert Wong, Chairperson Planning Commission 13 --( 6 GP A-2004-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6307 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO ADOPTING THE GENERAL PLAN APPENDICES A (LAND USE DEFINITIONS), B (HOUSING), C (AIR QUALITY), D (COMMUNITY NOISE FUNDAMENTALS), E (GEOLOGIC & SEISMIC HAZARDS) & F (SLOPE DENSITY) OF THE CITY OF CUPERTINO GENERAL PLAN SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: GP A-2004-01 (EA-2004-17) City of Cupertino Citywide SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has reviewed appendices A, B, C, D, E & F; and WHEREAS, the Planning Commission finds that the proposed document meets the following requirements: 1. That the appendices are aids to implementation of the Cupertino General Plan; 2. That the information in the appendices is consistent with existing General Plan Policy and with various related interpretations of Policy, and does not in itself create new policy. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CUPERTINO HEREBY ADOPTS AS FOLLOWS: Appendices A, B, C, D, E & F as adjunct documents to the General Plan. { )~ II Resolution No. Page 5 GP A-2004-01 June 28, 2005 PASSED AND ADOPTED this 28th day of June 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Chen, Giefer, Vice-Miller, saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Is/ Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Chairperson Planning Commission { 3 --{ ;è EXHIBIT A ISSION AND CITY COUNCIL :ASK FORCE DRAFT GENERAL PLAN ,2005 UPERTINO PLANNING:COl\ DATIONSFOR CIÍA1'lGES~·· Nòvem RECÖ NOTE CHANGE NEEDED LAND USE AND COMMUNITY DESIGN NO ACTION NEEDED HERE. SEE HEIGHT CHANGES FOR EACH SPECIAL CENTER CONSENT Change Figure 2-D to conform to the height changes recommended for each Special Center (see below). Change as shown below: Actively pursue the annexation of unincorporated iolands properties within the City's urban service area, including the MORta Vista and Creston neighborhoods, which will be annexed on a parcel-by-parcel basis with new development. and oOther remaining small, unincorporated islands will be annexed as determined bv the City Council. Page 2-12 2. Policy 2-12, Page 2-10 The reference to annexation of small unincorporated islands is out of date 1 ~ <...r-' \ ~ ~ NOTE APPROVED 6/15/05 MODIFIED 6/23/05 2 CHANGE NEEDED Add Strategies 5 and 6: Strategy 5: Multi-Family Residential Floor Area Ratios Ensure that the floor area ratios of multi- family residential developments are compatible with similar buildings in the surrounding area. Include a mix of unit types and sizes, and avoid a preponderance of excessively large units. Strategy 6: Ordinance Revision Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5 APPROVED 6/15/05 MODIFIED 6/23/05 APPROVED 6/28/05 SEE TABLE 2-A Add Strategy 3: Transition Neighborhoods Recognize that some neighborhoods are in transition, and added flexibility for new residences will be considered. Add Strategy 7: Street Signs: When replacement is required, install new street signs at major intersections that promote Cupertino community identity, such as using the morion logo on the sign. Retain the standard font size of the street name to ensure readability. Change Table 2-A as shown on the following page. LAND USE AND COMMUNITY DESIGN 3. Policy 2-13, Page 2-11 Add two strategies. 4. Policy 2-16, Page 2-14 Add a strategy. 5. Policy 2-17, Page 2-15 streetscape Design Add a strategy ........... 6. Page 2-17 v-> .ì ...r::. 3 Add!' I TBUildout Potential 2005 Built RES. 2000 Built HOTEL (ROOMS) 2000 2005 TBUildout Built Built OFFICE (SQ. FT.) 2000 2005 I Buildout Built Built 902 178 220 7,776 87 o o 200 815 178 220 7,576* 760 178 220 7,376 456,210 417,626 416,557 COMMERCIAL (SQ. FT.) 2000 2005 Buildout Built Built NEIGHBORHOODS Manta Vista I 88,816 88,8 Oak Valley Fairgrove Other Areas COMME~ th TABLE2A 99,698 16 "ClAL CENTERS 94,164 570 6 I 2 354 238 521,987 510,531 0,531 I 5 5 ,476, 82,456 10,700 I I Heart of City Valleo Park South 71\ 400 11 3 764 126 764 (D.A.) 26 708,057 708,057 708,057 1,902,564 ,652,150 I 784 300 484 484 26 I 69,550 69,550 69,550 93,678 I 238,735 238,735 Homestead Road Other 306 300 6 250,604 268,735 268,735 495,415 Areas 494,576 496,40 I EMPLOYMENT CENTERS - - 44,979 36,505 46 656 851 315 94 100 23,294 94 100 2,197 444,435 428,645 428,645 North De Anza Blvd. City Center Valleo Park North Bubb Road Other Areas Citywide 00 00 300 \ 46 556 55\ 219 551 224 315 224 315 2,266,206 ,050, 227 3,069,676 2,048,02 \,050,227 2,968,144 ** 2,048,02 ,032,072 2,843,144 ,372 79,011 133,147 I 5 61,308 127,806 29,358 127,806 21,097 20,032 1,429 1,429 441 8,836,952 8,840.000 8,344,536 8,325,312 8,325,000 4,431,000 4,431,000 3,895,885 3,317,426 3,317,000 Citywide (rounded to nearest thousand) REVISED 6/28/05 2005 Built *Estimate **125,000 square feet committed to the HP campus through a Development Agreement was added to this column 6/13/05 G:public folderlciddyrrABLE2A-2004 6-14-05 includes approved and committed development - '-"-' \ - '-\ NOTE 4 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN DELETE STRATEGY 2. See Hot Topic Flag U)-2 for additional discussion of this issue. Recommended by staff August 16, 2005 in response to City Council questions regarding the reduction of office square footage and providing assurance that major companies have expansion opportunities. CONSENT This wording is in the current General Plan and was inadvertently left out of the draft General Plan. 7. Policy 2-20, strategy 2, Page 2-17 Delete this strategy if the intent is not to A strategy to allow floor area ratios to allow floor area ratios to be exceeded: be exceeded may be in conflict with Floor area ratios for non-residential uses other references that do not allow them may be exceeded through the to be exceeded. development review process using established criteria for evaluating ro·ects... Major companies. Prioritize expansion of office space for existing major companies in Cupertino. Retain a pool of 150,000 square feet to be drawn down by companies with 1,500+ employees or companies with City corporate headquarters. New office development must demonstrate that the development positively contributes to the fiscal well bein~ of the City. Add strategy 3: Merriman-Santa Lucia Neighborhood: Allow legally constructed duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard. "Development Intensity" as shown new strategy 2, new strategy 3, to be added. New 7. Policy 2-20, Page 2-17 8. Policy 2-21, Page 2-21 A strategy needs APPROVED 6/13/05 Change below: "'- Page 2-22 Monta Vista Policy 2-24, 9. -Ri; J,4 Il-eme_. Development intensity shall be determined in conjunction with specific development review. Add Residential: Up to 12 units per acre. Change Building Heights from "two st-ory Imilàing[ ah''- .1_" to 30 feet. "..1 E:: - "-' \ -- ~ NOTE APPROVED AS MODIFIED 6/13/05 MODIFIED 6/23/05 APPROVED AS MODIFIED 6/13/05 [Directed staff to reformat Heart of the City, Crossroads and Stevens Creek Boulevard areas so that it's clearer that the latter two areas are sub-areas of Heart of the City] 5 CHANGE NEEDED Change the first paragraph as shown below: ... .General Plan allocations for other commercial areas fl6àes are for local- serving commercial needs. Commercial/ residential mixed-use is encouraged in selective commercial areas if the residential units provide an incentive for retail development and the resulting development is financially beneficial to Cupertino. Active commercial uses, such as bookstores, coffee shops, restaurants, office supply, furniture and electronic stores are encouraged to locate in Cupertino. Change "Development Activities" as shown below: Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is are-pedestrian-oriented. Change Development Intensity: Residential Buildout: TABLE 2A LAND USE AND COMMUNITY DESIGN 10. Page 2-24 Commercial Centers 11. Policy 2-27, Page 2-24 Heart of the City --- ~ 1 - .-.J NOTE 6 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN 12. Policy 2-28, Page 2-25 Crossroads APPROVED AS MODIFIED 6/13/05 AND 6/28/05 Change Development Activities as shown below: Development along Stevens Creek Boulevard shall have retail uses with storefronts on the ground level. Commercial office uses may be allowed on the second level. Limited residential uses are allowed. Change "Development Intensity" as shown below: Development intensity shall be determined in conjunction with specific development review. Add Residential Units: Up to 25 units per APPROVED 6/13/05 to 45 feet. Intensity" as shown 13. Policy 2-29, Page 2-27 Stevens Creek Boulevard Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall' beneficial to Cupertino, provides commur amenities and is ¡¡re-pedestrian-oriented. Change Residential to: Up to 25 units per acre. Chan hts to 45 feet. --. v'> 1 ~ NOTE 7 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN APPROVED AS MODIFIED 6/13/05 Change policy as shown below: Retain and enhance Valko Park South as a large- scale commercial area that is a regional commercial (including hotel), office and entertainment center with sUlmorting residential development. .,. 14. Policy 2-30, Page 2-27 Valko Park South cture and 1 Master Plan as shown emæ.Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development MODIFIED 6/23/05 may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino. provides community amenities and is aFe-pedestrian-oriented. Residential: Up to 35 units per acre. Residential Buildout: Table 2A Change Building Heights to 60 feet if mixed use and 45 feet if not mixed-use. ment Intensity' ~ I...r'> '\ - ..J) NOTE 8 CHANGE NEEDED APPROVED 6/13/05 MODIFIED 6/23/05 as shown "Development Intensity' Change below: . Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall beneficial to Cupertino, provides communi amenities and is 8i'e-pedestrian-oriented. Residential Buildout: See Table 2A Change Building Heights to 45 feet "Development Intensity" as shown below; CONSENT . Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall beneficial to Cupertino, provides communi' amenities and is 8i'e-pedestrian-oriented. LAND USE AND COMMUNITY DESIGN 15. Policy 2-31, Page 2-28 Homestead Road 16. Policy 2-32, Page 2-29 Remainder of Neighborhood Commercial Areas --- '-..Ñ \ }-.c. Q, NOTE 9 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN CONSENT The City Council previously requested that the Development Activities reference be deleted, and it was left in inadvertently. Modify Development Activities: Office, industrial, research and development with supporting commercial and residential uses. 17. Policy 2-33, Page 2-30 North De Anza Boulevard ~ Change below: MODIFIED 6/23/05 PC VOTE 3-2 as shown Intensity' onent. dout: Table 2A hts to 45 feet "Development '"' '-N I t-> 10 - LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN - 18. Policy 2-34, Page 2-31 City Center I Change "Development Intensity" as shown I CONSENT below: MODIFIED 6/23/05 CONSENT MODIFIED 6/23/05 Commission majority: 60 feet, one if mixed use and one office/ ind only . Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall) beneficial to Cupertino, provides community amenities and is aFe-pedestrian- oriented.Residential Buildout: TABLE 2A Change "Development Intensity" as shown below: Hewlett Packard's development agreement locks in the remaining floor area allocated to their property. After the expiration of the development agreement, and for other properties in this area, the development intensity shall be determined in conjunction with specific development review. The Hewlett Packard campus shall not have a residential com! Residential Bun 19. Policy 2-35, Page 2-32 Valko Park North to 60 feet Chan - '-^.J \ r..o Ì" NOTE II CHANGE NEEDED LAND USE AND COMMUNITY DESIGN APPROVED 4/15/05 Add Commercial to J;Jubb Road Land Use Map Intensity" as shown "Development Change below: =A. 20. Policy 2-36, Page 2-32 Bubb Road APPROVED 6/15/05 with additional wording. -Rf ~ Hi< Development intensity shall be determined in conjunction with specific development review. Building Heights: 30 feet. Change this policy to read: Use an annual, 5-year revenue projection, forecast by revenue area, to correspond to Cupertino's current revenue analysis. Include a fiscal analysis of development applications comparing the development proposal with the annual economic development plan, including the fiscal impacts of the development on the city's projected 5-year revenue stream. Develop a proactive economic development strategy that links residential development to provision of revenue generating uses such as sales tax offices and retail uses. Create an economic development staff and budget. /1;-11:;. 21. Policy 2-38, Page 2-35 Economic Development ~ V' \ r-o \....:) NOTE 12 CHANGE NEEDED CONSENT PC VOTE 3-2 Conversion of Office/Industrial Uses to Residential: Evaluate the economic impacts of converting office/ industrial uses to residential uses. (to follow Policy 2- LAND USE AND COMMUNITY DESIGN 22. New Policy 42) Page 2-35 See next page: Maintaining Cohesive Commercial Centers and Office Parks CONSENT Change as shown below: . ..Redevelopment funds will be used to foster the revitalization of this regional shopping center through mall expansion, infrastructure improvements, economic development programs and provision of very low, low and moderate-income housing. 23. New Text and Policy (to follow new policy above) Pa~e 2-35 24. Page 2-36 Commercial Development Text related to Valko Fashion Park. Recommended by staff August 16, 2005 to help ensure the fiscal benefits of new development. Change as shown below: In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. New office development exceeding 50,000 square feet shall be aP1?roved only if one of these or similar benefits are provided. 25. Policy 2-42, Page 2-35 Retail Sales and Office Development CONSENT Change as shown below: Facilitate redevelopment in the Valko Redevelopment Area as a distinctive regional shopping, residential and entertainment center, with hotel uses. 26. Policy 2-43 Page 2-36 Valko Development Area ~ \...J-" \ '" ,..s: 13 and to retain opportunities for are located at Val1co the office District Centers and Office Parks Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city existing businesses to expand in response to changing business trends. Cupertino's major retail commercial centers Fashion Park, The Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial parks are located at Val1co (North of Highway 280), North De Anza Boulevard and Bubb Road: Maintaining Cohesive Commercial Projects with residential or quasi-public components proposed to replace some or all of the existing industrial, office and commercial uses on a site in these areas will be evaluated on a case by case basis to determine if they are complementary to the overall business park or shopping center, or otherwise meet the following criteria: Integrate into the existing land use pattem by · Continuing established land use pattems (e.g. commercial next to commercial or residential · Continuing pattems of building massing, setbacks and height · Establishing logical development pattems bounded by visible natural or man-made features such as a public or private road, creek, freeways etc. Provide visible pedestrian/bicycle connections to and from existing uses. Provide a visible and publicly accessible park/plaza or open space area. Orient active building spaces to the public or private rights of way. Provide superior building design with high quality natural materials and building architecture. Demonstrate there are sufficient existing or supplemental local revenues to support municipal and school services needed to serve the development. Show that the building is functionally obsolete in a market sense and cannot be reasonably redeveloped or marketed into a compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger adjacent to residential) 1) 2) 3) 4) 5) 6) 7) commercial center or office par that the development can and uses. land use that is otherwise complementary to existing an incentive to incorporate a significant component of commercial or reasonably stand alone as a self-sufficient Show buildings Show that the residential or quasi-public use provides offices uses on the site. 8) 9) Deleted 10/4/05 10) -- "" \ i'> '\ 14 NOTE CONSENT CONSENT CONSENT The tank house was constructed in the late 1800' s. It is currently located on vacant land that is part of a Byrne Avenue development. The Cupertino Historical Society believes that it has historical significance and should be maintained and preserved. APPROVED 6/15/05 CC: Use current General Plan policy to encourage but not require public art. 10/4/06 Big Box Development: Consider approving big box development if it is compatible with the surrounding area in terms of building mass and traffic. Change the last sentence in Strategy 2 as shown below: Actual lot sizes and development areas will be determined through zoning ordinances, clustering, identification of significant natural features and geological constraints. Add the Nathan Hall Tank House to the Historic Resources Map. CHANGE NEEDED AND COMMUNITY (to follow Policy 2- 28. Policy 2-45, Strategy 2 Page 2-37 Hillside Development Standards LAND USE DESIGN 27. New Policy 44), Page 2-36 Change Strategy 1 as shown below: Ordinance. Develop and adopt a One- Percent for Art ordinance, which requires public and private development to set aside 1 % of their total project budget for on-site art. Apply to projects 50,000 square feet and larger. 29. Figure 2-G, Page 2-43 The Nathan Hall Tank House, adjacent to Blackberry Farm, needs to be added to the map of Historic Resources. 1, Page 2-45 30. Policy 2-63, Strategy Public Art ----- ~ , '" "" NOTE 15 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN CONSENT Requested by Richard Lowenthal 9/12/05 APPROVED 10/4/05 CONSENT Changes recommended by the Bicycle and Pedestrian Commission are shown in red. 9/6/05 DELETE REFERENCES TO REGNART TRAIL 10/4/05 Change the trails section adjacent to "Rancho San Antonio Park" text from "Future" symbol to "Existing or Proposed" symbol The corridor is designated as a proposed trail on the Trail Linkages diagram. Should the railroad corridor use change, provision for a continuous trail through the corridor must be included in the new use. Add a strategy: Where possible, open and restore covered creeks and riparian habitat. Change as shown: ...A comprehensive trail plan for Regnart Creek, as well as one for the west foothills, would be advantageous, to provide consistent trail designs for future development. 31. Page 2-52, Figure 2-1 Trail Linkages 32. Page 2-54 Union Pacific Railroad 33. Policy 2-75, Page 2-55 Park Design 34. Regnart Creek and West Foothills Trails ~ v-J \ (.;:, .....J NOTE 16 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN CONSENT APPROVED AND MOPIFIED 6/15/05 and 6/23/05 Change Strategy 2 as shown below: Trail Projects. Implement the trail projects described in this element. r:___1u_~r ~L_ .J Policy 2-70, Page 2-54 Strategy 2 35 A motion to require 66% neighborhood approval for urban trails was defeated 2-3. - :l-c :1 -I cveloprr 1.L~-fl_ ~1. - :J-1- Changes recommended by the Bicycle and Pedestrian Commission are shown in red. 9/6/05 Use the Bicycle and Pedestrian Commission wording. 10/4/05 - -I. Evaluate any safety, security and privacy impacts and mitigations associated with trail development. Work with affected neighborhoods in locating trails. .1. - .1..J, .1 :1, f'lc.r.... 1. *- .1, £_ CONSENT Suggested by the Park and Recreation Commission. Add a policy to follow Policy 2-72: Park Variety: Plan for park uses that provide for a variety of recreational activities. 36. Page 2-55 A new policy is needed to promote a variety of park uses. CONSENT Recommended by Community Congress. Modify as shown below: Design parks to utilize the natural features and tor0lP'aphy of the site and to keep long-term_maintenance costs low. Strategy: Native Plants Maximize the use of native plants and minimize water use. 37. Policy 2-75, Page 2-55 on Park Design needs to be modified. ---... -...,.) \ ì" ~ NOTE 17 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN CONSENT Don't count toward meeting acres/l000 population ratio. include areas that have public access. the 3 Only Add areas as shown below: Cali Park plaza, library plaza, City Center amphitheater, 3 apt. .5 acre areas, private open space in planned development such as De Anza Oaks. Change as shown below: 38. Table 2-C, Page 2-61 This table should be amended to incorporate private parks and open space areas. CONSENT CONSENT Policy 2-77: Acquisition or of Additional Parklands: Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Valko Park area, and in the area north of 1-280 near Stelling. Require dedication when significant new housing units are identified to meet State requirements. Delete Policy 2-82. Change as shown below: Provide park and recreational space and facilities for new residential development in the urban core. The need Dedication Pages 2-62 39. Policies 2-79 and 2-82, and 2-63 These policies are similar and should be combined. this 40. Policy 2-81, Page 2-62 Some words were omitted from policy. CONSENT CONSENT See Draft Land Use Map APPROVED 10/4/05 Change as shown below, ... tennis courts and will work. Revert the proposed hillside land use designation for the Lindy Lane area properties to Residential Low 1-5 du/ acre 41. Policy 2-83, Page 2-63 One word needs to be deleted. 42. LAND USE MAP -- "" '" -\:, 18 NOTE APPROVED AND MODIFIED 6/15/05 CHANGE NEEDED Change as shown below: .. . After adjusting for housing units already provided between 1999-2001, the revised estimate is that adequate sites are needed for 2,325 units from 2001-2006 or 465 units per year. AE·t.. . ,t..~ It.. h~'" a-flæ t.. . ,1.. New 1, HOUSING 43. Page 3-4, Program Construction. El,- tIDG go~ 1 ...,,' ~, CONSENT The Household Income Categories originate with the State Department of Housing and Community Development and ABAG, and are essential to the certification of Cupertino's Housing element. CONSENT Restore this policy and Household Income Categories: Very Low 378 units Low New 44. Policy 3-1, Page 3-5 Sufficiently Zoned Land for Construction Need CONSENT Moderate Above Mod. 1,133 units TOTAL 2,325 units Update these numbers when Planning Commission determines the number of housing units for special centers, and also Residential Potential Outside of Planning Districts, Program 3 Change this program to conform to current state law. 188 units 626 units Change as shown below if other requests to add back mixed-use are reinstated: ... the City will evaluate the possibility of allowing residential development above existing parking areas except where mixed use is herein excluded. 45. Page 3-6, Program 1 Housing Units by Planning District 46. Policy 3-4, Page 3-10 Implementation Program 13 Density Bonus Program 47. Program 15, Page 3-10 Residential and Mixed Use Opportunities In or Near Employment Centers ........ VJ ~ ~ NOTE APPROVED 6/15/05 The Task Force draft eliminated Implementation Program 17 related to Policy 3-6, Conversion of Commercial Lands to Residential. The Planning Commission approved new language related to conversion; the new language will be associated with the same policy. PC VOTE 3-2 APPROVED AND MODIFIED 6/15/05 19 CHANGE NEEDED New Implementation Program for Policy 3-6: See attached page. The deleted Implementation Program is: Implementation Program 18: ResÙkntial Development Exceeding Mnximums Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planning Department the HOUSING 48. Policy 3-6, Page 3-11 Housing Densities 49. Policy 3-6, Page 3-11 The Task Force deleted an Implementation Program from Administrative Draft. ~ v-O \ '-'" .---. NOTE APPROVED AND MODIFIED 6/15/05 APPROVED AND MODIFIED 6/15/05 CHANGE NEEDED Add a strategy: Evaluate providing incentives, such as reduced permit costs, for homes that exceed Title 24 requirements. Change as shown: The City will evaluate and implement the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements to residential units iE'xistinp; or new). 20 HOUSING 50. Policy 3-9, Page 3-14 Energy Conservation 51. Program 28, Page 3-14 Fee Waivers or Reduction for Energy Conservation ~ '-'" \ V-.j Ì'" NOTE New wording added 9/6/05 in response to a request for an ordinance amendment. DO NOT INCLUDE A . REFERENCE TO EMPLOYEE CASHOUT. 10/4/05 21 CHANGE NEEDED Modify text as shown below: Strategy 2: TSM Programs. Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks; . . .t.. CIRCULATION 52. Policy 4-2, Page 4-6 TSM Programs APPROVED AND MODIFIED 6/15/05 AND 6/23/05 ......__t... - fài elements. To enhance walking, consider various improvements to roadways to make them more pedestrian friendly and less auto- centric. Where a median is provided, it should be wide enough to safely accommodate pedestrians. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Working with the neighborhood, consider reducing residential street widths to promote slower traffic and less pervious surface. 53. Policy 4-3, Strategy 5, Page 4-7 Pedestrian Improvements ~ \.rÒ \ \N \..N NOTE CONSENT Recommended by the Bicycle/Ped Commission (is same as Policy 4-9 in the existing General Plan) CONSENT 6/23/05 This strategy needs to be modified because floor areas ratios were eliminated. 22 CHANGE NEEDED Add a new policy: Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. The General Alignment of the Bay Trail, as shown in the Association of Bay Area Governments' Bay Trail planning document, is incorporated in the General Plan by reference. Modify strategy as shown below: 3. Allocation of Non-residential Development. In order to maintain a desired level of transportation system capacity, the city's remaining non- residential development potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use Element of this PIano CIRCULATION 54. New Policy (to follow Policy 4-3), Page 4-8 Regional Trail Development 55. Policy 4-5, Page 4-13 Modify a strategy ~ v> \ ~ ,.£ NOTE CONSENT The Commission added another strategy on 6/15/05 Planning Commission asked that pedestrian policies deleted from the Administrative Draft by the Task Force be brought back 4(15/05 23 CHANGE NEEDED Add a new strategy: 6. Intersection Capacity Improvements. Make capacity improvements as needed to maintain Level of Service policies. (DeAnza Boulevard and Homestead Road and Stelling Road at McClellan Road.) 7. Enhanced Level of Service Strive to enhance the intersection Levels of Service where feasible. Add to first paragraph: It is the intent of this Plan that most streets should operate with no more than a tolerable level of congestion, LOS D. Exceptions to this standard in the Crossroads and at other locations to ensure pedestrians are well served at intersections are discussed below. Change the requirement to 66 % CIRCULATION 56. Policy 4-5, Page 4-13 A new strategy is needed to make the capacity improvements at the two intersections where needed to maintain the Level of Service policy standard. 57. Page 4-12 New text CONSENT This change is consistent with the Neighborhood Traffic Management Program practices as implemented by the Public Works Dept. PC VOTE 4-1 CONSENT The change is requested by Cupertino's transportation consultant. PC VOTE: 3-1 58. Policy 4-11, Strategy 1, Page 4-16 Requiring 60% approval by residents on the streets affected by traffic calming measures is not consistent with existing City practices. Change as shown below: De Anza Boulevard at McClellan Road, Existing 2000, Morning ß, ß Afternoon G, C-Projected 2020, Morning ß C, Afternoon f) 0+. Stevens Creek Boulevard at SR 85 Southbound Ramps, Projected 2020, Morning ß-Ç. 59. Table 4-2, Page 4-18 A correction to the Level of Service is needed. ----- """ \ '^' ~ NOTE APPROVED 6/15/05 Recommended by the Bicycle/Ped Commission PC VOTE 4-1 APPROVED 10/4/05 CONSENT CONSENT The change is requested by Cupertino's transportation consultant. 24 CHANGE NEEDED Restore this policy and strategies: Balance the needs of pedestrians with desired traffic service. Where necessary and appropriate, allow a lowered LOS standard to better accommodate pedestrians on major streets and at specific intersections. Strategy: Traffic Signal Walk Times. This strategy is described in Policy 4-3. Added time on walk signs would be most appropriate near shopping districts, schools and senior citizen developments. Change as shown ,-" >ge-Ha#i .1. " below: f. ¡g-« II Jl1 -bJ 'f'leJ mg ill llmH.o . Install traffic calming measures where appropriate to reduce traffic impacts and enhance walkability. Add Strategy 4: Use VTA Pedestrian Technical guidelines in street design, traffic calming and pedestrian crossings. Change as shown below: ....However, assuming roadway capacity improvements were provided at the intersections of De Anza Boulevard at Homestead Road and Stelling Road at McClellan Road, the 2020 LOS for major intersections. CIRCULATION 60. Page 4-13 Restore Adm. Draft Policy 4-6 Traffic Service and Pedestrians Needs 61. Policy 4-11, Page 4-16 Traffic Calming 62. Page 4-18 A change is needed to the description of "Future Year Traffic Conditions." - ~ \ '-'" E;- Water District requested that the General Plan place more emphasis on water use efficiency. CONSENT A City Council member requested that community gardens be mentioned in this element. NOTE CONSENT The Santa Clara CHANGE NEEDED Add a strategy to Policy 5-1 Strategy 4: Conservation and Efficient Water Usage. Adopt and implement programs that promote conservation and efficient water usaRe. Add a strategy to Policy 5-1: Strategy 5: Community Gardens. Encourage community gardens, which provide a more livable environment by controlling physical factors such as temperature, noise, 25 ENVIRONMENTAL RESOURCES 63. Policy 5-1, Page 5-2 An additional strategy is needed stress water use efficiency. to 64. Policy 5-1, Page 5-2 A reference to the environmental IS benefits of community gardens requested. MODIFIED 6/28/05 APPROVED 10/4/05 and pollution. Modify Policy 5-3 and Strategy shown below: Green Building Design EnEour Set standards for the design and construction_of energy and resource converving/ efficient buildings (Green Building Design). Strategy 1: Green Building Evalaution Program. Prepare and implement "G B ·ld·" I f reen Ul mg cva ua IOn standards for all major private and public projects that ensUrE ~duction in energy consumption fo ~w development through sit, d buildinz-des@ 1 as 1 65. Policy 5-3, Page 5-6 Strategy Modify strategy ~ v-J \ '-Ä> --..:J NOTE APPROVED 6/28/05 CONSENT This needs to be clarified to allow for EP A certified woodstoves. 26 CHANGE NEEDED Amend policy and add a strategy as shown below: Minimize the air quality impacts of new development projects and the impacts affecting new development. Strategy 4 Environmental Review. Evaluate the relationship of sensitive receptors, such as convalescent hospitals and residential uses, to pollution sources through the environmental assessment of new development. Change as shown below: Prohibit the use of wood-burning fireplaces in new construction, except for Environmental Protection Agencv Certified Woodstoves ENVIRONMENTAL RESOURCES 66. Policy 5-4, Page 5-8 Air Pollution Effects of New Development New Strategy 67. Policy 5-7, Strategy 2, Page 5-9 A strategy regarding prohibition of wood-burning fireplaces needs to be clarified. '""' ~ \ ~ -., District NOTE CONSENT The Santa Clara Valley Water requests this change. 27 CHANGE NEEDED Change as shown below: The Santa Clara Valley Groundwater sub- basin provides approximately half of the total water demands in Santa Clara County, with an estimated operating capacity of approximately 350,000 acre-feet. The Santa Clara Valley Water District is the groundwater management agency in Santa Clara County. The District conjunctively manages the basins to maximize water supply, protect the basins from contamination and ensure that groundwater supply is sustained. The District manages the groundwater resources, including groundwater recharge, through percolation ponds and in-stream recharge of the creeks. The McClellan Ponds recharge facility is located in ENVIRONMENTAL RESOURCES 68. Page 5-17 The paragraph under "Ground Water Recharge Facilities" needs to be replaced. CONSENT The Santa Clara Valley Water District requests this change. Cupertino. Please see next page for changes. 69. Page 5-18 A revised description of Urban Conservation is pr()}JSJsed. - v-> \ \.r-J -!) of the State typical of the res t 28 is located reflect the climatic conditions Changes to Urban Conservation: Climatic conditions of the region within which Cupertino of California. These conditions are characterized by periods of hot and dry seasons and seasons of heavy rainfall during the wet winter months. Weather conditions, however, can vary from year to year. In recent times, the region experienced periods of multi- year droughts in 1976-1977 and again in 1987-1992. Given the cyclical nature of the climatic conditions, it may be assumed that the region may again experience periods of drought in the future. Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's calls for water use reduction. The reduction targets were periodically adjusted during the drought based upon water reserves, water usage and projected water supplies from both local and imported sources. Through the water management programs of both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided. The District is currently updating its Integrated Water Resource Plan (IWRP), the purpose of which is to develop a flexible and incremental water supply plan for Santa Clara County through the year 2040. According to the District, flexibility is a key aspect of the IWRP 2002, which calls for periodic reassessments to respond to ever-changing water demand and water supply conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual monitoring and revisions to the District's water management activities. In the 2001 session, the State Legislature and Governor enacted Senate Bills 221 and 610, which requires jurisdictions to secure a water supply assessment from suppliers of water systems, for projects subject to the California Environmental Quality Act. The water supply assessment must be incorporated into the environmental documents and considered when determining if projected water supplies are sufficient to satisfy the demands of the project, in addition to the existing and planned future demands. ,--...., ~ \ -C o CHANGE NEEDED Change as shown below: Other Water Resources. Cupertino has two major water suppliers: the California Water Company and the San Jose Water Company. Both of these retailers purchase their water supply from Santa Clara Valley Water District. Change as shown below: Prior to making land use decisions, estimate increases in pollutant loads and flows resulting from projected future development to avoid surface and groundwater qualitv impacts. Change as shown below: Coordination of Local Conservation Policies with Region-wide Conservation Policies: Coordinate city-wide water conservation efforts with the Santa Clara Valley Water District efforts being conducted on a regional scale. H . "" íf<- ~ L , Dis trict CONSENT The Santa Clara Valley Water District requests this change. NOTE CONSENT The Santa Clara Valley Water requests this change. the 29 ENVIRONMENT At RESOURCES 70. Page 5-18 A reference is needed to the Santa Clara Valley Water District. 71. Policy 5-21, Page 5-17 The policy related to Pollution and Flow Impacts needs to be revised. CONSENT The Santa Clara Valley Water District requests this change. ,t ""T'" ik - te--th 'õ ,', ,'^ Many of 'bi , these. 72. Policy 5-29, Page 5-19 This policy needs to be revised. ~ ~ \ .--C ~ NOTE CONSENT The Santa Clara Valley Water District requests this change. CONSENT The Santa Clara Valley Water District requests this change. 30 CHANGE NEEDED Change as shown below: Water Use Efficiency: Promote efficient use of water throughout the City. ENVIRONMENTAL RESOURCES 73. Policy 5-31, Page 5-20 This policy needs to be revised. Strategy 1: Landscaping Plans. Require water-efficient landscaping plans that incorporate the u: e of recvcled water of the for ation a: development review process. Strategy 2: Water Conservation Programs. Work with the Santa Clara Valley Water District to undertake ro ams th romote water use for residential and customers. Maintain Change as shown below: Flooding resulting from dam failure is yet another hydrological hazard. The largest body of water within the area is the Stevens Creek Reservoir. Stevens Creek Dam meets current dam safe standards and the failure is minimal. robab Causes for dam failure are numerous. They include inadequate design, construction deficiencies and sometimes poor under! foundation conditions. 74. Page 5-34 A reference to the Stevens Creek Reservoir is needed. - ---.:> \ --C. (-> CONSENT Change is requested by Department of Conservation, California Geological Survey Seismic Hazard Mapping Program 31 Change as shown below: Require all developers to provide geotechnical analyses per the requirements of the California Seismic Hazards Mapping Aet and the California Environmental Quality Act. l.LL_ C'J.. £ r_1:£_ Analysis HEALTH AND SAFETY 75. Policy 6-1, Strategy 2 Geotechnical and Structural CONSENT Recommended by the Public Safety Commission (slightly revised by staff) Change Policy as shown below: Consider adopting a residential fire sprinkler ordinance. This will reduce Þetfl fire flow reauirements and the ,..¡ J.r ¡.~. l: ., rt 76. Policy 6-11, Page 6-15 Residential Fire Sprinklers Ordinance The Federal Emergency Management System (FEMA) has changed the name of the emergency system CONSENT This information General Plan. is too detailed for a Change all references from Standard Emergency Management System (sEMs) to National Incident Manap;ement System (NIMs) Starting with the sentences in both policies that begin with "Specifically, require... .," strike the remaining text. 'Of' 77. Page 6-25 The Cupertino Emergency Plan 78. Policy 6-64 and Policy 6-45, Page 6-44 The technical description of interior and exterior noise requirements needs to be deleted. APPROVED 6/28/05 PC VOTE 3-2 Modify as shown below: Strengthen the energy performance of existing housing. The City will consider adopting cncourage a residential energy conservation ordinance requiring residential units to meet minimum energy efficiency requirements at the time of rc salc or maior renovationo 79. TECHNICAL APPENDIX B Page B-66 Modify text. ~ ~ \ --C W N '" '" " " 3! -£ .~ :g 0. ~ o '.0 ~ "0 ~ ~ o u ~ ~ :~ ãi " 0. '- >, "0 "0 '0 '- " " "0 Õ ~ .~ :E o 0. (; (J-l{~ Supplemental Environmental Analysis for the Final Environmental Impact Report of the General Plan . /3-1..{) I Analysis of City Council and Planning Commission Changes to Task Force Draft General Plan Section VI of the Environmental Impact Report discusses the potential impacts that could result fÌom the implementation of the Task Force Draft General Plan (The Project). Section VII discusses the alternatives to the proposed Project, as required by Section 15126 of the CEQA State Guidelines, which states that the EIR shall describe a reasonable range of alternatives to the project, or location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. The City Council and the Planning Conmrission have conducted their review of the Task Force Draft General Plan. The Planning Conmrission forwarded its recommendation to the City Council, which included some changes to the document. The City Council accepted some of the changes recommended by the Planning Conmrission and also made some additional changes to the document. The Table of Alternatives attached to this document (Attachment I) illustrates graphically the differences between the various alternatives discussed in the Environmental Impact Report and the Revised Project Alternative (the City Council and Planning Conmrission changes to Task Force Draft General Plan). Following is a discussion the potential impacts resulting fÌom the implementation of the City Council and Planning Conmrission changes (the Revised Project Alternative). The format used for the discussion is the same fannat used in the EIR for the discussion of the alternatives. Land Use: The Revised Project Alternative is not significantly different than the Project (Task Force Draft General Plan). The potential environmental impacts that could result fÌom the implementation of the Revised Project Alternative would be similar to those associated with the Task Force Draft General Plan. There are, however, two areas where the two alternatives differ: the residential development and office/industrial development potential. The Revised Project Alternative provides for the development of more residential units than could be could be achieved under the Task Force Draft General Plan. It also reduces the development potential of the office/industrial land use category. Because of the reduction in the square footage of the office/industrial land use development potential, the Revised Project Alternative would generate less impacts on the office/industrial areas than would the Task Force General Plan. On the other hand, because this alternative would allow more residential development than the Task Force General Plan, it would have greater impacts on the residential areas. It would generate greater demands on public services and exert greater pressures for new residential development. However, when considered cumulatively the impacts from both of the alternatives would be less than significant. Circulation: The Revised Project Alternative traffic generation figures would not exceed the traffic figures generated for the analysis of the worst case scenario (the Administrative Draft Alternative). Two intersections are projected to not meet the LOS policy standards proposed in the General Plan in the year 2020 unless additional capacity is provided. These are De Anza Boulevard at Homestead Road and Stelling Road at McClellan Road. The addition of separate westbound right turn lane at the comer and a separate eastbound (J-l(~ 2 right turn lane at the latter would provide adequate capacity so that both intersection would operate satisfactorily under future year traffic loads. There are no other significant adverse impacts at the intersections and no adverse impacts on the freeway system identified for the buildout under the worst case scenario. Consequently, traffic impacts by either the Revised Project Alternative or the Task Force Draft General Plan would be fully mitigated by the intersection capacity improvements recommended to mitigate the effects of the worst case scenario. Open Space, Parks and Trails Because the Revised Project Alternative would allow more residential development that the Task Force Draft General Plan. This alternative would have a greater effect on the recreational services than would the Task Force Draft General Plan. Residential uses generally generate greater demands on parks and other recreational facilities. However, ABAG has adjusted Cupertino's projected population to the year 2020 downward from 66,400 to 59,900 in its latest "Projections 2005". This reduction in population will be reflected in decreased demands for recreational services than anticipated in the analysis of the Project (the Task Force Draft General Plan) and the worst case scenario (the Administrative Draft Alternative. Consequently, the potential impacts resulting from the implementation of the Revised Project Alternative will not have a significant effect on the City's capabilities to provide adequate recreational services. Visual! Aesthetic Qualities The reduction in the square footage development potential in the office/industrial areas, the changes in building heights aod changes in the development staodards made to the Task Force Draft General Plan would have a positive effect on the City's urbao form. These chaoges would be reflected in future buildings of less bulk and height and greater quality of design for both office/industrial uses as well as the residential uses. In addition, through the project review process, these building will be carefully integrated into the urban fabric of the community to minimize their potential impacts on the visual character of the community. Thus the Revised Project Alternative would have a greater positive effect on the City's visual and aesthetic qualities than could be achieved under the Task Force Draft General Plan. Air Quality Potential air quality impacts resulting from new construction activities associated with developments under the Revised Project Alternative would be similar to those associated with the Task Force Draft General Plan. Site preparation activities such as grading, soil excavation and heavy construction equipment operation associated with the construction of developments under the Revised Project Alternative could generate dust emissions that could result in temporary increases in localized PMIO [Fine particulate matter (solid or liquid) with an aerodynamic diameter equal to or less that 10 microns] emissions. This is a potential significant impact, but could be reduce to less than significant with the implementation of appropriate mitigation measures. Increased vehicular traffic from potential growth consistent with the Revised Project Alternative could increase the CO levels at major intersections. This potential impacts would be similar to those resulting from activities associated with developments occurring under the Task Force Draft General Plan. Mitigation measures have been included in the General Plao to mitigate the potential impacts. Public Services and Utilities Although office/industrial square footage allowed under the Revised Project Alternative is less that under the Task Force Draft General Plan, this alternative would allow a higher number of residential units to be developed. It is generally recognized that residential uses generate greater demands on public services. It may, therefore, be assumed that this alternative may generate slightly higher demands for public services aod utilities than those resulting from the Task Force Draft General Plao. As with the Task Force Draft General Plan, the existing sewer lines presently running at/or over capacity would have to upgraded to lJ-l.(7 3 accommodate future development in those areas affected by these lines, but reduction in the development potential of the office/industrial land use category would have a positive effect on this issue. Other demands on public services and utilities can be met, although the Revised Project Alternative would impose greater demands on schools because of its higher residential development potential. Schools: The higher residential potential of the Revised Project Alternative would exert greater demands on the Cupertino Union School District and the Fremont Union High School District than the Task Force Draft Generàl Plan. The City of Cupertino and the school districts have tried to address concerns raised relative to increased enrollment resulting from projected growth associated with the implementation of the General Plan. Three analyses of the Student Generation Rates (SGR) were conducted to address the potential impacts associated with the implementation of the Task Force Draft General Plan. The Student Generation Rates included in the ElR were generated by Bay Area Economics (BAE) and were arrived at by using Cupertino Union School District estimates, the actual number of children at the recently occupied Travigne Villas condominiums and data from the 2000 Census Public Use Microdata Sample (PUMS) dataset. The Fremont Union High School District conducted two analyses of the Student Generation Rates. The most recent analysis of Student Generation Rates conducted by the Fremont Union High School District with the help of a consultant and the City of Cupertino Planning Staff using actual enrollment figures appear to have closed the gap between the BAE figures, which had been previously questioned, and the FUHSD figures. Although the BAE figures and the FUHSD figures differ, they are not significantly different. The City of Cupertino Planners, the FUHSD and its consultant are in agreement that such differences will not be significant enough to change the general conclusions about the impact to the general fund of the FUHSD from the growth projections by BAE or fiom the new calculations now accepted by the City and the FUHSD. Of major concern to FUHSD is the potential short term growth impact (I to 5 years), particularly on Monta Vista high School. FUHSD has indicated that it foresees declining enrollment beginning in a few years. The FUHSD has indicated that the extent of the potential effect of the student population increase can not be fully estimated at this time. The FUHSD is presently re-assessing its enrollment practices and is disenrolling illegally registered students. FUHSD has indicated that is not known at this time what effect this effort will have on long-range enrollment and ultimately in school capacity. Another important factor that will influence the Student Generation Rates is future population growth. The Association of Bay Area Governments (ABAG) has adjusted Cupertino's projected population growth by the year 2020 downward from 66,400 projected in "Projections 2000" to 59,900 in "Projections 2005" (Attachment 2). Notwithstanding the above, FUHSD could implement mitigation measures to ameliorate the effect of the increased student enrollment, such as: increasing class sizes, conducting year-round schools, adding portable class rooms, revising school attendance boundaries, and increasing impact fees. It should be noted that the courts have held that increased classroom enrollment resulting in school overcrowding is considered a "social" rather than a physical "environmental" impact and is not, in itself, a significant environmental impact requiring mitigation under CEQA [Goleta Union School District vs Regents of University California (2d Dist. 1995)1. Also State Government Code Sections 65995 and 65996, established in 1998, have pre-empted and limited the ability of cities to exercise their police power to mitigate school impacts. Permitted mitigation for school enrollment increased impacts is limited to the State-authorized statutory authority of school districts to impose maximum school impact fees in accordance with Government Code Section 65995. The City of Cupertino will continue to conduct environmental review of specific projects and analyze the potential school impacts of these projects in conjunction with both the Fremont Union High School District and the Cupertino Union School District. /3 -~t 4 Wildlife and Vegetation The Revised Draft Alternative allows more residential units than the Task Force Draft General Plan. This could increase demands for further development of the hillsides areas. However, under this alternative, there will be no development of the hillside areas. As with the Task Force Draft General Plan, there would be policies to protect and to minimize impacts the wildlife and the vegetation Noise Noise impacts associated with the Revised Project Alternative would be similar to those associated with the proposed General Plan, but somewhat less intense than those associated with the Task Force Draft General Plan because of the reduction in square footage in the office/industrialland use category. As with the Task Force Draft General Plan, there would be temporary noise impacts associated with construction activities resulting from developments consistent with this alternative. This temporary impacts will raise the ambient noise for the duration of the construction period. Upon completion of the construction activities, the ambient noise levels should return to nonnal. Both alternatives, the Revised Project Alternative or the Task Force Draft General Plan, could generate some residual increase associated with the traffic from the additional development. Geology and Seismicity Development associated with the Revised Project Alternative would sustain geologic and seismic effects similar to those that would be incurred by development under the Task Force Draft General Plan. However, new developments under either alternative would be constructed to conform with both local and State codes to mitigate potential impacts. Floods, Drainage and Water Quality Potential floods, drainage and water quality impacts would be similar for Revised Project Alternative and the Task Force Draft General Plan. However, because of the greater residential development potential under the Revised Project Alternative, the probability of impacts on the residential areas may be slightly higher under this alternative. Population, Honsing and Jobs The Revised Project Alternative would provide greater housing opportunities than under the Task Force Draft General Plan. However, because this alternative provides for less office/industrial development, there would be a reduction in job opportunities in this land use category. The Association of Bay Area Governments (ABAG) has adjusted Cupertino's population growth by the year 2020 downward from 66,400 projected in "Projections 2000" to 59,900 in "Projections 2005". Hazardous Materials Potential impacts from hazardous material from the Revised Project Alternative would be similar to those that may be generated under the Task Force Draft General Plan. Mitigation of these potential impacts can be addressed by the existing codes, ordinances and policies incorporated into the proposed General Plan. Historical and Cultural Resources Potential impacts on historical and cultural resources resulting from the implementation of the Revised Project Alternative would be similar to those associated with the Task Force General Plan. Mitigation measures incorporated into the proposed Project would reduce the potential impacts to less than significant. [3-l(f 5 Energy Administrative Draft Alternative: Energy consumption resulting from the Revised Project Alternative is similar to that of the Task Force General Plan. Application of the State and local codes and ordinances, and implementation of the proposed policies would effectively reduce energy consumption. Mineral Resources Administrative Draft Alternative: Potential impacts associated with operation of the Hanson Permanente and Stevens Creek mineral resource areas would essentially the same as would be for the Revised Project Alternative as it would for the Task Force Draft General Plan. Consistency with Existing Plans Inconsistencies WIder the Administrative Draft Alternative would similar to the inconsistencies of the proposed Project. Conclusion The Revised Project Alternative is not significantly different than the proposed The Task Force Draft General Plan. It does, however, provide for more residential development. and for less office/industrial land use development. The potential environmental impacts resulting from the implementation of this alternative would not be significantly different than those associated with Task Force Draft General Plan. However, because of the greater residential potential of this alternative, it may exert more pressure for residential development of the WIder developed and undeveloped areas. Because of the individual differences in the allowable development potential of the two alternatives, the potential impacts associated with each alternative would be slightly different, as each alternative would affect different areas of the environment. However, when the cumulative intensity of each alternative is considered and compared, the impacts of the alternatives are similar and less than significant. Attachments: I. Table of Alternatives 2. Total Population Table, ABAG "Projections 2005" 1 J -)1) 6 Analysis Environmental The following supplements the Final Environmental Impact Report previously prepared for review and certification by the Decision-Making Body (the City Council). This supplement addressees the potential environmental impact resulting rrom the changes made to the Task Force General Plan (The Project) by the City Council and the Planning Commission. These changes are presented in the following matrix and do hereby amend both the Task Force General Plan and the Environmental Impact Report prepared for the Task Force General Plan. The matrix is fonnatted into three columns: the first column (left hand side) of the matrix depicts the sections to be changed; the center column represents the changes made by both the City Council and the Planning Commission; the third column (right hand side) discusses the environmental implications of the proposed changes. Supplemental ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN The changes to the Maximum Building Heights Map will not have any significant adverse visual impact. These changes are being instituted to mitigate potential visual impacts on the aesthetic qualities of the City's skyline. The potential environmental impacts resulting rrom the change to the polity would be less than significant. The City already provide services to some of these areas. Maximum Building Heights Map (Figure 2-D) will be revised to confonn with the height changes recommended for each Special Center. LAND USE AND COMMUNITY DESIGN I Page 2-12 Maximum Building Heights Map (Figure 2-D) The effect of the addition of these two strategies would be beneficial. They would help preserve the integrity and character of the multi-family residential areas. Existing text shall be changed as follows: Actively pursue the annexation of unincorporated islands prooerties within the City's urban service area, including Monta Vista and Creston neighborhoods, which will be annexed on a Darcel by Darcel basis with new develoDment. and oOther remaining small unincorporated islands will be annexed as detennined bv the City Council. Strategies 5 and 6 will be added as follows: Strategy 5: Multi-Family Residential Floor Area Ratios Ensure that the floor area ratios of multi-family residential developments are compatible with similar buildings in the surrounding area. Include a mix of unit type and sizes, and avoid a preponderance of excessively large units. Policy 2-12, Page 2-12 2. Policy 2-13, Page 2-11 Add two strategies. 3 The addition of this strategy will have no sIgnificant adverse effect on the environment. Strategy 6: Ordinance Revisions Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5. Strategy 3 is hereby added as follows: Transition Neighborhoods Recognize that some neighborhoods are in transition, and added flexibility for new residences will be considered. Policy 2-16, Page 2-14 Add a strategy. 4 - \".J 1 Vj - 7 ENVIRONMENTAL EFFECTS OF CHANGES TO TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN This new strategy would have no adverse effects on the visual qualities of the community. Signs have to be reviewed and approved. by the City. There are some small differences in the square footage in some land uses. The environmental affect of these differences would be inconsequential. The major difference between the alternatives occurs in the projected buildout for the office and residential land use categories. The revised Table 2-A projects 925 residential units more at buildout than projected in the Task Force Draft General Plan. The effect of this differences on the environment of both of this alternatives would not significant when considered cumulatively. The deletion of this strategy clarifies the City's position relative to the issue, and does not have environmental implications. Strategy 7 is hereby added as follows: Street Signs: When replacement is required, install new street signs at mojor intersections that promote Cupertino community identity, such as using the morion logo on the sign. Retain the standard font size of the street name to ensure readability. Table 2-A (Development Allocation) on page 2-17 of the Task Force General Plan is here by revised to conform with the City Council and Planning Commission actions. Policy 2-17, Page 2-15 Streetscape Design Add a strategy. Allocation Development Page 2-17 5. 6. Delete this strategy if the intent is not to allow floor area ratios to be exceeded: Floor area ratios for non-cesidential uses may be exceeded through the development review process using established criteria for evaluating projects. Policy 2-20, strategy 2, Page 2-17 A strategy to allow floor area ratios to be exceeded may be in conflict with other references that do not allow them to be exceeded. Delete existing strategy 2 and replace it with a new strategy 2. 7. Environmental cOIlSequences associated with this strategy will be weighed against the benefits derived by the City rrom proposed developments. Replace strategy I with the following strategy as shown below: Strategy 2. Major Companies. Prioritized expansIOn office space for existing major companies in Cupertino. Retain a pool of 150,000 sq. ft. to be drawn down by companies with 1,500+ employees or companies with City corporate head quarters. New office development must demonstrate that the development positively contributes to the fiscal well being of the City. ~ '-J \ v1 r- 8 TABLE 2-A COMMERCIAL SQ. Fr. 2000 Built 2005 Built Buildout NEIGHBORHOODS Monta Vista 88,816 Oak Vall Fair rove Other Areas COMMERCIAL AREAS Heart of the 1.182,456 City Val!co Park South Homestead Road Other Areas RESIDENTIAL 2005 Built Buildollt - - 902 178 220 17)76 815 178 220 17,576* T Buildout I Buildout 456,210 417,626 416,557 99,698 88,816 570 354 521,987 510,531 510,531 115 1,476, 164 94, I 71 311 764 764 ~A) 126 708,057 708,057 708,057 1,902,564 1,652,150 110,700 I 494,576 496,401 EMPLOYMENT CENTERS - - North De 44,979 36,505 Anza Blvd. City Center Vallco Park North Bubb Road Other Areas Citywide 784 484 126 126 69,550 69,550 69,550 93,678 I 238,735 238,735 306 6 250,604 268,135 268,735 495,415 146 656 851 46 556 551 224 315 224 315 315 2,266,206 1,050,227 3,069,676 2,048,021 1,050,227 2,968,144 ** 428,645 2,048,021 ,032,072 2,843,144 51,372 79,011 133,147 61,308 127,806 29,358 127,806 94 100 23,294 21,097 1,429 1,429 441 444,435 8,836,952 8,840,000 8.344,536 428,645 8,325,000 8,325,000 4,431,000 4,431,000 3,895,885 3,317,426 3,317,000 Citywide (rounded to nearest thousand.l includes approved and committed development through a Development 2005 Built *Estimate **125,000 square feet committed to HP campus Agreement was added to this column 6/13/05 - Revised 6/28/05 W 1 '-'ì v-J 9 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This strategy would have a positive effect on the housing market as it would allow existing housing to remain available. The change to this policy will not have primary environmental impacts. Secondary impacts will be assessed at the time ofthe specific development review. This change clarifies the City's desire for a vibrant commercial center. Potential impacts resulting /Tom this policy would be assessed at the project review phase of the development. Potential secondary environmental impacts associated with this change will be weighed against the benefits derived /Tom the specific project through the project review process. This change clarifies the policy as to what type of land uses the City would find desirable for this area. No significant environmental impact should result /Tom the implementation of this change. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN A new strategy is hereby added to Policy 2-21 on page 2-21 as follows: Strategy 3: Merriman-Santa Lucia: Allow legally constructed duplexes to remain in tlte area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard. Development Intensity is hereby changed as shown below: Floor Area Ratio: 0.15commerciallcommercial office. Development intensity shall be determined in conjunction with specific development review. Add Residential: Up to 12 per acre. Building Height is changed /Tom "two story buildings with some three story elements" to 30 feet. Commercial Centers: The first paragraph is hereby amended as follows: . . General Plan allocations for other commercial areas nodes are for local-serving commercial needs. Commercia1lresidential mixed-use is encouraged in selective commercial areas if the residential units orovide and incentive for retail develooment and the resulting development is financiallv beneficial to Cuoertino. Active commercial uses such as bookstores coffee shops. restaurants office supply. furniture and electronic stores are encouraged to locate in Cuoertino. Development Activities are hereby changed as shown below: Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use if the development is well desÌlro. financiallv beneficial to Cupertino, provides community amenities and is are pedestrian-oriented. Change Development Intensity: Residential Buildout: TABLE 2-A Development Activities are hereby changes as shown bellow: Development along Stevens Creek Boulevard shall have retail uses with store/Tonts on the ground level. Commercial office uses may be allowed on the second level. Limited residential J,!se£ are allowed. TASK FORCE GENERAL PLAN 8. Policy 2-21, Page 2-21 Add a new strategy 3 9. Policy 2-24, Page 2-22 Monta Vista 10. Page 24 Commercial Centers II. Policy 2-27: Heart ofthe City, Page 2-24 12. Policy 2-28: Crossroads Area, Page 2-25 ~ v.:J I V'J --( 10 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This change will not have any direct physical environmental impacts. Environmental impacts associated with projects in this area will be analyzed during the project specific environmental review. The effect of the revisions to this policy would be positive. a Master Plan for the area would help the City crystallize its visions for this area. Future projects in this area will be subject of their environmental review. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN hanged as shown below: VcommerciaVoffice. ermined in conjunction Continued 12 acre et. reby changed as shown below: enhance Valleo Park South as a large scale area that is a regional commercial (including ce and entertainment center with suoporting develooment. This area is specifically not a mixed use center, but rather as a hub for ue producing uses (i. e. retail, hotel, Policy 2-29: Stevens Creek Boulevard, Page 2-27 14. Policy 2-30: Valleo South, Page 2-27 13 velopment may be de an incentive to nt is well designed, rovides commulÚty ted. ~ V ~ 11 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN No significant environmental impact would result ¡¡-om the implementation of this change. Potential impacts resulting ¡¡-om future developments in this area will be subject to their own individual environmental review. Potential impacts will be addressed at this time. No sIgnificant environmental impact would resul ¡¡-om the implementation of this change. Residential: Up to 35 units per acre. Residential Buildout: Table 2-A Change Building Heights to 60 feet if mixed use is included and 45 feet if uúxed use is not included. "Development Intensity" is hereby changed as shown below: Floor Area Ratio: 0.15 commerciaVcommercial office. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential develooment mav be allowed if the residential units Drovide an incentive to develoo retail use if the development is well designed financially beneficial to Cupertino. nrovides community amenities and is are pedestrian-oriented. Residential Buildout: See Table 2-A Change Building Heights to 45 feet. "Development Intensity" is hereby changed as shown below: Floor Area Ratio 0.15 commerciaVcommercial office. Development intensity shall be determined in conjunction with specific development review.. Mixed commercial and residential development mav be allowed if the residential units provide an incentive to develop retail use. if the development is well designed financiallv beneficial to Cuoertino orovides community amenities and is are oedestrian-oriented. Development Activities are modifies as shown below: Office, industrial, research and development with supporting commercial and residential uses. New office development must be associated with new residential development at a ratio of two units for evety 1,000 sq. ft. of office space. "Development Intensity" is changed as shown below: Floor Area Ratio 0.15 commerciaVcommercial office. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential develooment mav be allowed if the residential units provide an incentive to develop retail use. if the development is well designed financially beneficial to CUDertino. Dfovides COmIDJ.inÎtv .amenities ¡md is are TASK FORCE GENERAL PLAN 14. Continued 15. Policy 2-31: Homestead Road, Page 2-28 16. Policy 2-32 Remainder of Neighborhood Commercial Areas, Page 2-29 17. Policy 2-33: North De Anza Boulevard Page 2-30 ~ 12 CITY COUNCIL AND PLANNING COMMISSION I ENVIRONMENTAL EFFECTS OF CHANGES CHANGES TO THE TASK FORCE GENERAL TO THE TASK FORCE GENERAL PLAN PLAN pedestrian-oriented. The ADDle ComDuter CamDYS shall not have a residential Potential environmental impacts associated with future development pursuant to this change will assessed at the time of specific project environmental review. According to Allocation Table 2- A, additional development is this area would be limited. This limited amount of new development would not generate any significant environmental impacts. This policy would not generate any physical impacts on the existing envirorunent. As with the above, potential environmental impacts associated with future development pursuant to this change will assessed at the time of specific project environmental review. component. Residential Buildout: Table 2-A Building Heights changed to 45 feet. "Development Intensity" is hereby changed as shown below: Floor Area Ratio 0.15 commercial/commercial office. Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential develoDment may be allowed ifthe residential units Drovide an incentive to develop retail use. if the development is well desiçned financiallv beneficial to Cupertino. provides community amenities and is are Dedestrian-oriented. Residential Buildout: Table 2-A "Development Intensity" is hereby changed as shown below: Hewlett Packard's development agreement locks in the remaining floor area allocated to their property. After the expiration of the development agreement, and for other properties in this area, the development intensity shall be determined in conjunction with specific development review. The Hewlett Packard camDUS shall not have a residential COIDoonent. Residential Buildout: Table 2A Building Heights 60 feet "Development Intensity" is hereby changed as shown below: Floor Area Ratio 0.15 commercial/commercial office. Development intensity shall be determined in conjunction with a specific development review. Building Heights: 30 feet. Existing Policy is hereby changed as shown below: Use an annual, 5-year revenue projection, forecast by revenue area, to correspond to Cupertino's current revenue analysis. Include a fiscal analysis of development applications comparing the development proposal with the annual economic development plan, including the fiscal impacts of the devel~ent on the citv's proiected 5-vear TASK FORCE GENERAL PLAN 17. Continued 18. Policy 2-34: City Center, Page 2-31 19. Policy 2-35: Vallco Park North, Page 2-32 20 Policy 2-36: Bubb Road, Page 2-35 21. Policy 2-38: Economic Development Page 2-35 - \..J \ ~ ~ 13 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN As with the above policy, this policy would not generate any physical impacts on the existing environmental. Potential impacts resulting rrom future developments associated with this policy will subject of their own individual environmental review, and specific project impacts will be addressed at that time. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN revenue stream. Develop a proactive economic residential development to provision revenue generating uses such as sales tax offices and retail uses. Create an economic develooment staff and bud"et. Conversion of Office /Industrial Uses to Residential: Evaluate the economic impact of converting office/ìndustrial uses to residential uses. Maintaining Cohesive Commercial Centers and Office Parks: Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for businesses to expand in response to changing trends.. Cupertino's major retail commercial centers are located at Valko Fashion Park, the Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial District: the office parks are located at Valko (North of Highway 280), North De Anza Boulevard and Bubb Road: Projects with residential or quasi-public components or fIØf\ retail .ales ~r8à".em that are proposed to replace some or all of the existing industrial, office and commercial uses on site in these areas will be evaluated on a case by case basis to determine ifthey are complementary to the overall business park or shopping center, or otherwise meet the following criteria: I) Integrate into the existing land use pattern by: · Continuing established land use patterns (i. e. commercial nest to commercial or residential adjacent to residential) · Continuing patterns of building massing, setbacks and height. · Establishing logical development patterns bounded by visible natural or man-made features such as public or private road, creek, rreeways, etc. Provide visible pedestrian/bicycle connections to and fÌ"om existing uses. Provide a visible and publicly accessible oark/olaza area. 2) 3) TASK FORCE GENERAL PLAN 21 Continued 22. New Policy (to follow Policy 2-42, Page 2-35 23. New text and Policy (to follow new policy above) Page 2-35 . ~ V \ '4 "'" 14 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN Change of the tex! will not have any physical environmental effects. Potential secondary impacts resulting rrom projects associated with this polity will be addressed during the project review process. No direct physical environmental changes will result rrom the change. No direct physical environmental changes will result from the change. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN Orient active building spaces to the public or private rights-of-way. Provide superior building design with high quality natural materials and building architecture. Demonstrate there are sufficient existing or supplemental local revenues to support municipal. Show that the building is functionally obsolete in a market sense and cannot be reasonably redeveloped or marketed into a compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger commercial center of office park. Show that the development can reasonably stand alone as a self-sufficient land use that is otherwise complementary to existing building and uses. Show that the residential or quasi-public use provides an incentive to incorporate significant component of commercial or offices uses on the site. a. s.:., .£'- 4) 7) 8) 9) 5) 6) . T ex! is hereby changed as shown below: . . Redevelopment funds will be used to foster the revitalization of this regional shopping center through mall expansion, inftastructure improvement, economic development programs and orovision of very low. low and moderate-income housing. Changed as shown below: In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point internet transaction and business to business tax revenues. New office develoDment exceeding 50.000 snuare feet shall be aDDroved onlv if one of these or similar benefits are Dfovided. Change as shown as shown below: Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive regional shopping, residential and entertainment center, with hotel uses. 10) TASKFORCE GENERAL PLAN 23. Continued 24. Page 2-36 Commercial Development T ex! related to Vallco Park. 25 Policy 2-42: Retail Sales and Office Development Page 2-35 - 26. Policy 2-43: Vallco Development Area 'v.J \ Page 2-36. 'î ...s:, 5 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN Specific environmental impacts fj-om projects associated with the implementation of this policy wil be addressed at the time the projects are being considered for approval. Big Box Development: Consider approving big box development if it is compatible with the surrounding area in terms of building mass and traffic. Page 2-37 (to follow Policy 2-44), New Policy 27. Revision of the Hillside Development Standards has no environmental consequences. The implementation of the added requirement would have a beneficial effect on new hillside development. hereby changed as shown The Cupertino Historical Society believes that it has historical significance and should be maintained and preserved. Preserving cultural and historical resources will have a positive effect on the environment. This change will not have direct physical effect on the envirorunent. The last sentence in Strategy 2 is below: Actual lot sized and development areas will be determined through zoning ordinances, clustering identification of significant natural features and aeoloaical constraints. Amend Historic Resources Map by adding the Nathan Hall Tank House. Hillside Development Standards Policy 2-45 Page 2-37 28. 29. Figure 2-G: Historic Resources Map Page 2-43 physical effect on This change will not have direct the environment This change will not have direct physical effect on the environment. This change will not have direct physical effect on the environment. on on have direct physical effect This change will not the environment. This change will not have direct physical effect the environment Amend Strategy I as shown below: Encourage developers to install works of public art for public and private non-residential projects. Promote publicly visible artworks in public and private development and gateways to the city. Follow Public Art guidelines to maintain an appropriate cultural milieu. Encourage the development of artist workspace. Amend the trails section adjacent to "Rancho San Antonio Park" text fj-om " Future" symbol to "Existing or Proposed" symbol. Amend the existing text by adding the underlined text as shown below: The corridor is designated as a proposed trail on the Trail Linkages diagram.. Should the railroad corridor use change. provision for a continuous trail through the corridor must be included in the new use. The following strategy is added: Where possible, open and restore covered creeks and riparian habitat. A comprehensive trail plan would be advantageous, to provide consistent trail desi¡¡ns for future development. Strategy 2 is hereby changed as shown below: Trail Project. Implement the trail projects described in this element. Evaluate any safetv security and privacv iJnnacts and measures. associated with trail develooment. Art, Page 2-45 Linkages, Page 2-52 Public Trai 30. Policy 2-63 Strategy I Figure 2-1: 31 Railroad Park Design, Page 2-55 32. Page 2-54 Union Pacific Policy 2-75 33 34. Regnart Creek and West Foothills Policy 2-70, Page 2-54 Strategy 2 35. - vJ \ ç'-- <;:::> 16 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This change will not have direct physical effect on the environment. not have direct physical effect on This change will not have direct physical effect on the environment This change will not have direct physIcal effect on the environment. This change will not have direct physical effect on the environment. This change will not have direct physical effect on the environment CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN Work with affected nei¡¡hborhoods in locatin¡¡ urban creek trail and locate creek trails on the ODDosite side of the creek from residential development. Evaluate any safety, security and privacy impacts and mitigations associated with trail development. Work with affected neighborhoods in locating trails Add a policy to follow Policy 2-72: Park Variety: Plan for park uses that provide for a variety of recreation activities. ModifY as shown below: Design parks to utilize the natural features and topographv of the site and to keep long-term maintenance costs low. Stratel!V: Native Plants Maximize the use of native plants and minimize water use. Add areas as shown below: Cali Park plaza, library plaza, City Center amphitheater, 3 apt. .5 acre areas, private open space in planned development such as De Anza Oaks. Changes shown below: Policy 2-77: Acquisition or Dedication of Additional Parklands: Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Vallco Park area, and in the area north ofl-280 near Stelling. Require dedication when significant new housing units are identified to meet State requirements. Policy 2-82 is deleted. Changes shown below: Provide park and recreational space and facilities for new residential development in the urban core. the need... Change shown below: ... tennis courts and will work.. Revert the proposed hillside land use designation for the Lindy Lane area properties to Residential Low 1-5 du/acre. effect on This change will the environment This change will not have direct physical the environment TASK FORCE GENERAL PLAN 35 Continued 36. Page 2-35 A new policy is needed to promote a variety of park uses 37. Policy 2-75: Park Design, Page 2-55 Needs to be modified. 38. Table 2-C, Page 2-61 Amend this table to incorporate private parks and open space areas. 39. Policies 2-79 and 2-82, Pages 2-62 and 2-63 These policies are similar and should be combined. 40. Policy 2-81, Page2-62 Some words were omitted from this policy. 41. Policy 2-83, Page 2-63 Delete one word 42. LAND USE MAP '--- ~ W I .;- ~ 17 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN Specific environmental impacts trom projects associated with the implementation of this policy wil be addressed at the time the projects are being considered for approval. any physical changes This change will not generate on the existing environment. This change will not generate any physical changes on the existing environment This change will bring the General Plan in conformity with State law. This change will not generate any physical changes on the existing environment. Change shown below: . . After adjusting for housing units already provided between 1999-2001, the revised estimate is that adequate sites are needed for 2,325 units trom 2001-2006, or 465 units per year. As the jobs/housing balance seem to have shifted, this goal will not be aggressively pursued. Restore this policy and Household Income Categories: Very Low 378 Units Low 188 Units Moderate 626 Units Above Mod. 1,13 3 Units TOTAL 2,325 Units Update these numbers when Planning Commission determines the number of housing units for special centers, and also Residential Potential Outside of Planning Districts, Program 3. Change this program to conform to current state law. New Construction. I HOUSING: 43. Page 3-4, Program 44. Policy 3-1,. Page 3-5 Sufficiently Zoned Land for New Construction needed. Page 3 -6, Program I Housing Units by Planning District. 45 Change as shown below if other requests to add back mixed-use are reinstated: . . . the City will evaluate the possibility of allowing residential development above existing "arking areas exce"t where mixed use is herein excluded. New implementation Program for Policy 3-6 Density Bonus !nor Policy 3-4, Page 3-10 1mplementation Program Program. Program 15, Page 3-10 Residential and Mixed Use Opportunities Near Employment Centers. 3 I 46. 47. This change will not generate any physical changes on the existing environment The potential impacts of this polity were addressed the Mitigated Negative Declaration prepared for the Housing Element This change will not generate any physical changes on the existing environment. Its implementation would have a positive effect on the environment. The deleted Implementation Program is: Implementation Program 18: Residential Development Exceeding Maximums Allow residential developments to exceed planned density maximums ifthey provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Time Frame: 2001-2006 Responsible Party: City of Cupertino Planning Department A new strategy is added as follows: Evaluate providing incentives, such as reduced permit costs, for homes that exceed Title 24 requirements. 48. Policy 3-6, Page 3-11 Housing Densities 49. Policy 3-6, Page 3-11 The Task Force deleted an Implementation Program from the Administrative Draft. - SO. Policy 3-9, Page 3-14 Energy Conservation ~ ~ \ ~ l-' 18 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN - This change will not generate any physical changes on the existing environment. Its implementation would have a positive effect on the environment Change as shown: The City will evaluate and imDlement the potential to provide incentives, such as waiving or reducing fees, for I energy conservation improvements to residential units {Existing or newì Program 28, Page 3-14 Fee Waivers or Reduction for Energy Conservation 51 ~ 'vJ \ ç-, \.A 19 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This policy would have a positive effect on the environment as it provide a reduction in automobile traffic. Providing safe and attractive pedestrian facilities could divert people away rrom the automobiles. This could result in lower traffic volumes and less auto emissions. This policy will not generate any adverse environmental impacts. There could be some potential impacts during the expansion of the system, but the ultimate results would be beneficial. This change will not generate any physical changes on the existing environment. Its implementation would have a positive effect on the environment. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASKFORCE GENERAL PLAN ModifY text as shown below: Strategy 2: TSM Programs. Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks and offering oarking cashouts. Encoucage Emoloyee Cashout Programs by amending the parking ordinance to define the ormrram elements. To enhance walkim! consider various imorovernents to roadwavs to make them more pedestrian friendlv and less auto-centric. Where a median is provided, it should be wide enough to safely accommodate pedestrians. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Workin¡¡ with the neighborhood. consider reducing residential street widths to promote slower traffic and less pervious surface. CIRCULATION: 52. Policy 4-2, Page 4-6 TSM Programs Policy 4-3, Strategy 5, Page 4-7 Pedestrian Improvements 53 A new policy is added as shown below: Continue to plan and provide for a comprehensive system oftrails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. The General Alignment ofthe Bay Trail, as shown in the Association of Bay Area Governments' Bay Trail planning document, is incorporated in the General Plan by reference. ModifY strategy as shown below: 3. Allocation oCNoo-residential Development, In order to maintain a desired level of transportation system capacity, the city's remaining non-residential development potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use Element of this Plan. Floor area ratio (FAR) limitations apply to all remaining commercial, office and industrial properties, unless a property received a bonus FAR credit authorization by the 1993 General Plan and/or a higher development allocation, above the FAR limitation, approved by the City. Page 4-8 New Policy (to follow Policy 4-3), Regional Trail Development Policy 4-5, Page 4-13 ModifY a strategy 54. 55 - 'vJ \ ç;-. ---c:.. 20 ENVIRONMENTAL EFFECTS OF CIÌANGES TO THE TASK FORCE GENERAL PLAN This policy would have a beneficial effect on the environment. It could provide for improved traffic flow and Levels of Service (LOS). CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN Add a new strategy as shown below: 6. Intersection Capacity Improvements. Make capacity improvements as needed to maintain Level of Service policies. (De Anza Boulevard and Homestead Road and Stelling Road at McClellan Road.) 7. Enhanced Level of Service Strive to enhance the intersection Levels of Service where feasible. This change would not have any physical effect on the environment. have any physical effect on This change would not the environment. This change would not have any physical effect on the environment. effect on This change would not have any physical the environment. and at ~(Yedat Add the following to the first paragraph: It is the intent of this Plan that most streets should operate with no more than a tolerable level of congestion, LOS D. Exceotions to this standard in the Crossroads other locations to ensure pedestrians are wel intersection are discussed below. Change the requirement of 66%. Change as shown below: De Anza Boulevard at McClellan Road, Existing 2000, Morning B, Ç±, Afternoon C, C- Projected 2020 Morning B C, Afternoon D D+. Stevens Creek Boulevard at SR 85 Southbound Ramps, Projected 2020, Morning B C. Restore this policy and strategies: Balance the needs of pedestrians with desired traffic service. Were necessary and appropriate, allow a lowered LOS standard to better accommodate pedestrians on major streets and at specific intersections Strategy: ,Traffic Signal Walk Times. This strategy is described in Policy 4-3. Added time on walk signs would be most appropriate near shopping districts, schools and senior citizen developments. TASK FORCE GENERAL PLAN 56. Policy 4-5, Page 4-13 A new strategy is needed to make the capacity improvements at the two intersections where needed to maintain the Level of Service policy standard. 57. Page 4-12 New Text i i 58. Policy 4-1 I, Strategy I. Page 4-16 Requiring 60% approval by residents on the streets affected by traffic calming measures is not consistent with existing City practices. 59. Table 4-2, Page 4-18 A correction to the Level of Service is needed. 60. page 4- I3 Restore Adm. Draft Policy 4-6 Traffic Service and Pedestrian Needs - vJ 1 i;0 ~ 21 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASKFORCE GENERAL PLAN Implementation of this policy could transfer the existing problem to othec areas presently not affected. The potential environmental impacts of this action would have to be evaluate¡! prior to implementation. This change would not have any physical effect on the· environment. Change as shown below: Discourage traffic ITom using local neighborhood streets by employing traffic calming measures. Install traffic calming measures where aDorooriate to reduce traffic imoacts and enhance walkabiltiy. Add Strategy 4: Use VTA Pedestrian Technical guidelines in street design, traffic calming and pedestrian crossings. Change as shown below: . .. However. assuminl! roadway cauacitv Ímorovements were orovided at the intersection of De Anza Boulevard at Homestead Road and Stelling Road at McCleUan Road, The 2020 LOS for maior intersections. Policy 4-11, Page 4-16 Traffic Calming 62. Page 4-18 A change is needed to the description of "Future Year Traffic Conditions" 61 - '-J ) ç--. ()-- 22 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASKFORCE GENERAL PLAN This change would not have any physical effect on the environment. This change would not have any physical effect on the environment. This change would not have any physical effect on the environment. The amendment to this policy would have a positive effect on the environment, particularly as it relates to the effect of the air quality on sensitive receptors. Implementation ofthis policy would have a positive effect on the air quality. This change would not have any physical effect on the environment. Add a strategy to Policy 5-1. Strategy 4: Conservation and Efficient Water Adopt and implement programs that promote conservation and efficient water usage. Add a strategy to Policy 5-1: Strategy 5: Community Gardens. Encourage community gardens, which provide more livable environment by controlling physical factors such as temperature, noise and pollution Modify Policy 5-3 and Strategy 1 as shown below: Green Building Design Encourage Set standards for the design and construction of energy and resource conserving ¡efficient huildings (Green Building Design).. Strategy I: Green Building Evaluation Program. Prepare and implement "Green Building evaluation standards for all maior private and public projects that ensure reduction in enemy consumotion for new development through site and building design. Amend policy and add a strategy as shown below: Minimize the air quality impacts of new development project and the impacts affecting new develoument. Strategy 4 Environmental Review. Evaluate the relationship of sensitive receptors, such as convalescent hospitals and residential uses, to pollution sources through the environmental assessment of new development. Change as shown below: Prohibit the use of wood-burning fireplaces in new construction, except for Environmental Protection Agencv Certified Woodstoves. Changed as shown below: The Santa Clara Valley Groundwater sub-basin provides approximately half of the total water demands in Santa Clara County, with an estimated operating capacity of approximately 350,000 acre feet. The Santa Clara Valley Water District is the groundwater management agency in Santa Clara County. The district conjunctively manages the basins to maximize water supply, protect the basins from contamination and ensure Usage. water use stress ENVIRONMENTAL RESOURCES: 63. Policy 5-1, Page 5-2 An additional strategy efficiency. is needed to 64. Policy 5-1, Page 5-2 A reference to the environmental benefits of community gardens is requested. 1 66. Policy 5-4, Page 5-8 Air Pollution Effects of New Development New Strategy 67. Policy 5-7, Strategy 2, Page 5-9 A strategy regarding prohibition of wood-burning fireplaces needs to be clarified. Policy 5-3, Page 5-6 Stcategy Modify Strategy 65 Page 5-17 The paragraph under "Ground Water Recharge Facilities" needs to be replaced 68. - v.J , ç--..I ~ 23 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This change would not have any physical effect on the environment. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN that groundwater supply is sustained. The District manages the groundwater resources, including groundwater recharge, through percolation ponds and in- stream recharge ofthe creeks. The McClellan Ponds recharge facility is located in Cupertino Changes to Urban Conservation: Climatic conditions of the region within which Cupertino is located reflect the climatic conditions typical of the rest of the State of California. These conditions are characterized by periods of hot and dry seasons and seasons of heavy rainfall during the wet winter months. W cather conditions, however, can vary ftom year to year. In recent times, the region experienced periods of multi-year droughts in 1976-1977 and again in 1987-1992. Given the cyclical nature of the climatic conditions, it may be assumed that the region may again experience periods of drought in the future. Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's call for water use reduction. The reduction targets were periodically adjusted during the drought hased upon water reserves, water usage and projected water supplies ftom both local and imported sources. Through the water management programs of both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided. The District is currently updating its Integrated Water Resource Plan (IWRP), the purpose of which is to develop a flexible and incremental water supply plan for Santa Clara County through the year 2040. According to the District, flexibility is a key aspect 0 the IWRP 2002, which calls for periodic reassessments to respond to TASK FORCE GENERAL PLAN 68. Page 5-17 Continued 69. Page5-l8 A revised description of Urban Conservation is proposed. ~ ~ \ R- ~ 24 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASKFORCE GENERAL PLAN ever -changing water demand and water supply conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual monitoring and revision to theDistrict's water management activities. TASKFORCE GENERAL PLAN Page 5-18 Continued 69. In the 200 I session, the State Legislature and Governor enacted Senate Bills 221 and 610, which requires jurisdictions to secure a water supply assessment from suppliers of water systems, for projects subject to the California Environmental Quality Act. The water supply assessment must be incorporated into the environmental documents and considered when detennining if projected water supplies are sufficient to satisfY the demands ofthe project, in addition to the existing and planned future demands. Change as shown below: Other Water Resources. Cupertino has two major water suppliers: The California Water Company and the San Jose Water Company. Both of these retailers purchase their suoolv from the Santa Clara Vallev Water District. Change as shown below: Prior to making land sue decisions, estimate increases in pollutant loads and flows resulting from projected future development to avoid surface and ~oundwater aualitv imoacts. Change as shown below: Coordination of Local Conservation Policies with Region-wide Conservation Policies: Coordinate city-wide water conservation efforts with the Santa Clara Valley Water District efforts being conducted on a regional scale. Maintain city-wide efforts of water conservation similar to those being conducted on a regional scale. Many of these. .. Change as shown below: Water Use Efficiency: Promote efficient use of water throughout the City 70. Page 5-18 A reference is needed to the Santa Clara Valley Water District. Policy 5-21, Page 5-17 The policy related to Pollution and Flow Impacts needs to be revised. Policy 5-31, Page 5-20 This policy needs to be revised 72. Policy 5-29, Page 5-19 This policy needs to be revised. 73 71 - v.J \ ç..... -.J) 25 ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. This changes provide additional information relative to potential flooding and infonns about the current safety standards of Stevens Creek Dam. This would provide additional information about the suitability of construction sites and would improve construction safety. This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. This change would nave no physical effect on the environment. CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN Excessive Water Use: Prohibit excessive water uses throughout the City. Strategy I: Landscaping Plans. Require water-efficient landscaping plans that incoroorate the usage of recycled water for landscane irrigation as part of the development review process. Strategy 2: Water Conservation Programs. Work with the Santa Clara Vallev Water District to undertake oroarams that Ofomote water use efficiency for residential and commercial customers. Maintain programs... Change as shown below: Flooding resulting ITom dam failure is yet another hydrological hazard. The largest body of water within the area is Steves Creek Reservoir. Stevens Creek Dam meets current dam safety standards and the nrobabilitv of its failure is minimal. Causes for dam failure are numerous. They include inadequate design, construction deficiencies and sometimes poor underlving foundation conditions. bearing soils. Dam failure resulting ITom seismic events are rare. Change as shown below: Require all developers to provide geotechnical analyses per the reouirements ofthe California Seismic Hazards Mapping Act and the California Environmental Quality Act. requicements of the State of California. Change Policy as shown below: Consider adopting a residential fire sprinkler ordinance. This will reduce both fire flow reouirements and the need for fire fighting personnel and equipment. Change all references ITom Standard Emergency Management System (SEMS) to National Incident Management System (NIMS). Starting with the sentences in bath policies that begin with "Specifically, require. ..,"strike the remaining text. TASKFORCE GENERAL PLAN 73. Policy 5-31, Page 5-20 Continued 74. Page 5-34 A reference to the Stevens Creek Reservoir is needed. 75. Policy 6-1, Strategy 2 Geotechnical and Structural Analysis 76. Policy 6-11, Page 6-15 Residential Fire Sprinklers Ordinance 77. Page 6-25 . The Cupertino Emergency Plan 78 Policy 6-64, and Policy 6-65, Page 6-44 "-. The technical description of interior and exterior \.,J noise requirements need to be deleted. I --.J ~ " - - ENVIRONMENTAL EFFECTS OF CHANGES TO THE TASK FORCE GENERAL PLAN 26 CITY COUNCIL AND PLANNING COMMISSION CHANGES TO THE TASK FORCE GENERAL PLAN TASK FORCE GENERAL PLAN ,- This change would not have any physical effect on the environment, but its implementation would have a beneficial effect on the environment. - Modify as shown below: Strengthen the energy performance of existing housing. The City will consider adopting encoural/;e a residential energy conservation ordinance requiring residential units to meet minimum energy efficiency requirements at the time of re sale or ID--ªÎQr renovation. ECHNICAL APPENDIX B Page B-66 Modify text. 79 I - ......,J .!J - Attachment 1 City Council & Plan. Commission Changes to Task Force Draft General Plan 4,431,000 (Sq. Ft.) Plan Alternatives and & Planning Commission Changes to the Task Force Draft General Administrative Draft Existing General Plan Table of Task Force Draft General Plan (The Project) 4,431,000 (Sq. Ft) Existing Conditions. (Baseline Yr. 2000) City Council Land Use Category 4,174,136 (Sq. Ft.) 4,431,000 (Sq. Ft.) 3,317,426 (Sq. Ft) Commercial (Sq. Ft.) (Sq. Ft.) 8,836,952 9,320,005 (Sq. Ft.) 9,428,000 (Sq. Ft.) 9,320,005 (Sq. Ft.) (Sq. Ft) 8,325,312 Office/Industrial (Sq. Ft. 23,294 (Dw/Units) 24,647 (Dw/Units) 22,369 Dw/Units) 22,369 (Dw/Units) (Dw/Units) 20,032 Residential (Dw./Units) 1,429 (Rooms) 1.578 (Rooms) 1,027 (Rooms) 1,429* (Rooms) Source: City ofCupertmo Community Development Department *those in the pipeline plus the Vallco potential 411 (Rooms) Hotel Rooms ~ -.,.J I --J ?" Attachment 2 TOTAL POPULATION SUBREGIONAL STUDY AREA 2000 2005 2010 2015 2020 2025 2030 - - - CAMPBEll"" 39,286 39,300 40,300 40,900 41,800 42,500 43,400 CUPERTINO- 52,970 55,400 57,100 58,500 59,900 60,200 60,200 GilROY"" 48,065 53,500 60,000 62,300 64,600 65,600 66,400 LOS ALTOS"" 30,254 30,000 30,400 30,800 31,400 31,600 31,500 LOS ALTOS HillS"" 9,455 9,900 10,100 10,300 10,500 10,600 10,700 LOS GA TOS"" 31,889 32,100 32,700 33,400 34,200 34,800 35,500 MllPITAS"" 62,810 65,500 70,400 76,500 82,400 86,900 91 ,400 MONTE SERENO"" 4,284 4,400 4,500 4,500 4,700 4,700 4,800 MORGAN Hill"" 38,156 41,000 45,100 46,800 48,900 49,700 50,000 MOUNTAIN VIEW"" 70,877 72,000 76,000 80,600 84,500 87,200 89,600 PALO ALTO"" 71,914 74,000 78,300 82,900 86,600 89,100 92,200 SAN JOSE"" 941,998 985,000 1,049,800 1,118,800 1,196,900 1,264,400 ,339,400 SANTA CLARA"" 102,361 108,700 117,400 123,600 130,100 135,400 142,100 SARATOGA"" 30,384 30,900 31,700 32,400 33,300 33,800 33,900 SUNNYVALE"" 133,086 133,000 135,800 140,600 146,900 152,500 159,100 REMAINDER 14,796 15,400 15,900 16,200 16,600 16,800 16,900 SANTA CLARA COUNTY 1,682,585 1,750,100 1,855,500 1,959,100 2,073,300 2,165,800 2,267,100 "CITY ""CITY SPHERE OF INFLUENCE """OTHER SUBREGIONAL AREA - '-' \ ~ - v-J 222 I PROJECTIONS 2005 ASSOCIATION OF BAY AREA GOVERNMENTS Preparers Consultants to the City of Cupertino, and preparers of the Mitigated Negative Declaration for the Hoùsing Element and the Final Environmental Impact Report for the General Plan. PLANNING RESOURCE ASSOCIATES Leon C. Pirofalo, AICP Robert 1. Harrison, Transportation Donald A. Woolfe, AICP, AlA Al Morales Principal and Project Manager Principal and Transportation Planner Principal Associate and Principal Author lJ-7Y RESPONSES TO COMMENTS SUBSTITUTE PAGE 2-40 General Plan Draft EIR - Comments and Responses Page 2-40 . Discourage traffic from using local neighborhood streets by employing traffic calming devices (Policy 4-11) Toxic Air Contaminants (TACs), dust and odors Toxic Air Contaminants (TACs) and other nuisance pollutants such as dust and odors are generated by industrial plants, refineries, chemical plants commercial facilities, dry cleaners, gasoline stations, etc. They can have an adverse effect on human health. The following mitigation measures will eliminate and/or reduce potential impacts to acceptable levels. Construction, mining operations, building demolition, excavating, grading and mining operations can release dust and associated suspended particulate. Implementation of the following mitigation measures will mitigate these potential impacts. · Continue to require the use of appropriate agents to control dust during construction activities. · Coordinate efforts with the County of Santa Clara to control emissions from the operations of Hansen Permanente Cement Plant and Stevens Quarry. · Continue to review new projects for their potential to generate T ACs and require that these pollutants be controlled. · Continue to require the proper storage and disposal of hazardous materials to prevent leakage and potential release oftoxic fumes. · Continue to coordinate with the County and implement the county-wide the Household Hazardous Waste Program. Potential Effects on Sensitive Receptors Generally, the actions proposed in the General Plan can be eliminated or reduced to less than significant levels. However, persons with particular medical problems and/or sensitive air pollutants will continue to be affected. Sensitive Receptors Sensitive receptors are facilities, such as: hospitals, schools, convalescent homes and residential areas where the infirm, the elderly, children, people with illnesses and/or particularly sensitive to the effects of air pollutants are housed. Air pollutants such as criteria pollutants, toxic air contaminants, odors and dust affect all segments of the population. However, there are certain groups of the population, such as those enumerated above that are more vulnerable to the effects of air pollution. For that reason, attention is focused on sensitive receptors. 13-1) City of Cupertino General Plan 2005 Mitigation Monitoring and Reporting Program - 'vJ I -0 ~ 1 Mitigation Monitoring and Reporting Program of the Cupertino General Plan Land Use: in a timely mannec to mitigate the potential environmental impacts resulting from the implementation of the City of pursuant to the provisions of Assembly bill 3180 (Public Resources Code Section 21081.6). The following mitigation measures will be carried out Cupertino General Plan, ENVIRONMENTAL IMPACT AFTER MITIGATION MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES DESCRIPTION OF ENVIRONMENTAL IMPACTS significant Less than On-going Community Development Department Proposed by General Plan: Create a vibrant, shopping village in the Crossroads area, where commercial and roadway design encourage pedestrian activity. (Policy 2-3) Potential Impacts: Development in accordance with the General Plan could affect the existing land use patterns and the general character of the City. significant Less than On-going Community Development Department Concentrate development in urban nodes and selectively include housing with offices and commercial uses where appropriate in designated centers. (policy 2-1) Less than significant On-going Community Development DepartmentlDept. of Public Works Concentrate urban building fonns in VaIlco Park, City Center and Crossroads/Heart of the City planning areas. (Policy 2-13) significant Less than On-going Community Development Department Provide strong connections between the employment and commercial centers to the surrounding community. (policy 2-2) Implementation of the Commercial and residential growth provisions of the General Plan will result in an increase in population. This new growth will exert pressures for new development that could adversely affect existing neighborhoods and possibly the undeveloped hillside areas. significant Less than On-going Community Development Department Plan for neighborhoods that have distinctive edges, identifiable center and safe pedestrian and bicycle access to surrounding uses. (policy 2-5) On-going Community Development DepartmentlDept. of Public Works Community Development Department. Encourage active, publicly oriented land uses to locate in the urban centers. (policy 2-4:) significant Less than On-going Protect residential neighborhoods ITom noise, traffic, light and visually intrusive effects fj-om more intense developments. (Policv 2-6) New growth would increase demands for high density residential housing developments. - '-'J \ -.J ..-J 2 ENVlRONMENT AL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less that significant Less that significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Land Use: DESCRIPTION OF ENVlRONMENTAL IMPACTS Proposed by General Plan: See Public Services and Utilities Section. Potential Impacts: New growth would create greater demands on the existing public services and utilities. Recognize the financial impact of increased development on the school districts' ability to provide staff and facilities. (policy 2-53) See also Public Services and Utilities Section. New growth could increase the student enrollment at the local schools beyond the available capacity. 2006 Community Development DepartmentlDept. of Public Works Define circulation system as a hierarchy of street widths fTom urban to rural areas. Balance road-way system between automobile and pedestrian/bicycle needs. (policy 2-7) Also see Circulation Section New development and changes in the land use patterns could deteriorate traffic LOS below City standards To be determined City Counci Allow modification of the long-tenn growth boundary only in conjunction with a comprehensive review of the City's General Plan. (policy 2-9) On-going Community Development Department Focus City resources in urbÌlnized area where the City has previously agreed to provide service. (policy 2-10) 2006 Community Development Dept. in cooperation with San Jose, Los Altos Smmyvale & LAFCO Work with Los Altos, San Jose, and Sunnyvale, as appropriate, to create boundaries that define logical municipal service areas. (policy 2-11) On-going Community Development Department & LAFCO Actively pursue the annexation of unincorporated islands within the City's urban service area, including Creston neighborhoods and other remaining smal unincorporated islands. (policy 2-12) ~ V \ --.J ~ 3 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than Significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Land Use: DESCRIPTION OF ENVIRONMENTAL IMPACTS Community Development On-going Department Community Development On-going Department Community Development On-going Department Community Development On-going Department! Dept. of Public Works Community Development On-going Department Community Development On-going Department Community Development On-going Department Community Development On-going Department/Department of Public Works Proposed by the General Plan: Concentrate urban building fonus in Vallco Park, City Center and Crossroads/Heart of the City Planning Areas. (policy 2-13) Emphasize attractive building and site design during the development review process. (policy 2-14) Preserve the character of the residential neighborhoods by requiring new development to be comparable to existing. (Policy 2-16) the Consider unique streetscape choices for different parts of Cupertino. (policy 2-17) In public and private landscaping projects subject to City review, select landscaping designs that reflect the development context. (policy 2-18) Maintain a city structure of Neighborhoods, Commercial areas Employment areas and Education! Cultural Areas. (policy 2-20) Identifjr neighborhoods that have an architectural style, historical back-ground that unique neighborhood and develop plans to pceserve and enhance their character. (policy 2-21) Develop pedestrian-friendly street envirorunents in each neighbor -hood that help create neighborhood identity, improve safety, increase opportunities for social interaction and connections to shopping, schools, recreation and other destinations. (policy 2-2~ - vJ I .....J ......!:> 4 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Land Use: DESCRIPTION OF ENVIRONMENTAL IMP ACTS review During project process Community Development Department! Department of Public Works Proposed by the General Plan: Ensure that zoning, subdivisions and lot line adjustment requests related to lot size or lot design consider the need to pre- serve neighbor-hood lot patterns. (policy 2-23) On-going Community Development Department Retain and enhance Monta Vista as a residential, commercial and industrial node, with adequate pedestrian and bicycle access. (policy 2-24) On-going Community Development Department Retain and enhance Oak Valley as a unique neighborhood surrounded by natural hillsides, private public open space. (policy 2-25) On-going Community Development Department Preserve the unique character of the Eichler homes in the Fairgrove neighborhood. (policy 2-26) On-going Community Development Department Create a positive and memorable image along Stevens Creek Blvd. of mixed use development, enhanced activity nodes, safe and efficient circulation and access for all modes oftransportation. (policy 2-27) On-going Community Development Department Create a positive and memorable image along Stevens Creek Blvd. of mixed use development, enhanced activity nodes, safe and efficient circulation and access foe all modes of transportation. (Policy 2-28) On-going Community Development Department Retain and enhance Stevens Creek Blvd. as a mixed commercial, office and residential corridor connecting De Anza College, Crossroads, City Center, Vallco Fashion Mall. (I'olicv 2-29) - vJ ~ 5 DESCRIPTION OF MITIGATION MEASURES AGENCY MON1TORING ENVIRONMENTAL ENVIRONMENTAL IMPACTS RESPONSIBLE FOR SCHEDULE IMPACT AFTER IMPLEMENTATION MITIGATION Proposed by the General Plan: Retain and enhance Vallco Park South as Community Development On-going Less than significant a large scale commercial area that is a Department higWy regional commercial, office and entertainment center. (policy 2-30) Create an integrated mixed-use Community Development On-going Less than significant commercial and housing village along Department Homestead Road, consisting ofthree integrated areas. (policy 2-31) Retain and enhance neighborhood Community Development On-going Less than significant commercial areas, which provide goods Department and services neighborhood residents and visitors. (Policy 2-32) Maintain and enhance North De Anza Community Development On-going Less than significant Blvd. as a regional employment center Department with supporting commercial and residential land uses. (policy 2-33) Maintain and enhance City Center as a Community Development On-going Less than significant moderate scale density, mixed use district Department that will provide community identity and activity and will support retail in the Crossroads Area. (policy 2-34) Retain Vallco Park North as an employ- Community Development On-going Less than significant ment area of predominately office and Department light industrial activities, with neighbor- hood commercial areas. (policy 2-35) Retain the Bubb area primarily as an Community Development On-going Less than significant industrial and research and development Department area. (policy 2-36) Support De Anza College in its role as a Community Development On-going Less than significant valuable community resource, and seek Department opportunities to integrate future 7~ctivities into the community. (Policv 2-37 Land Use: - V \ ~ - 6 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less that significant Less that significant Less that significant Less that significant Less that significant Less that significant Less that significant Less that significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Land Use DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Community Development Department Proposed by the General Plan: Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive, regional shopping and entertainment center, with hotel uses. (policy 2-43) 2006 Community Development Department Establish building and development standards for the hillsides that ensure hillside protection. (policy 2-45) On-going Community Development Department Allow certain hillside properties to develop using a previous General Plan designation. (policy 2-46) On-going Community Development Department Require discretionary review of hillside or R-l properties if development is proposed on slopes greater than 30% or any other area where the presence of health and safety problems has been detennined. (policy 2-47) On-going Community Development Department Cluster lots in major subdivisions in the 5-20-acre slope density designation and encourage clustering in minor subdivisions.(Policy 2-48) On-going Community Development Department the hillsides Require rural standards in areas. (policy 2-49) On-going Community Development Department Design and layout public facilities, particularly public open spaces, so they include views of the foothills or other nearby natural features. (policy 2-50) On-going Community Development Department Hillsides policies found in the Santa Clara County General Plan adopted in 1994 are included in the Cupertino General Plan by reference and are applicable to the unincorporated hillside area. (policy 2- 5Il.. ~ '->J \ rx 7 ENVlRONMENTAL IMPACT AFTER MITIGATION MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Land Use: DESCRIPTION OF ENVlRONMENTAL IMPACTS Less than significant On-going Santa Clara County Proposed by the General Plan County development, particularly if located near Cupertino's urban fringe area, should consider Cupertino's General Plan. (policy 2-52) significant Less than On-going Community Development Department Allow land uses not traditionally considered part of a college to be built at De Anza College. (policy 2-55) significant Less than Santa Clara County Community Development Department The Santa Clara County Parks program should pursue the goal of connecting Upper and lower Stevens Creek Parks. (Policy 2- 64) significant Less than On-going Community Development Department Actively pursue inter-agency cooperation in acquiring properties near the western planning area boundary to connect the lower foothills, the open space, trail system and the neighborhoods. (policy 2-65) significant Less than On-going Community Development Department Retain some fonn of revenue-generating potential at Blackberry Farm as the uses transition rrom non-resident to resident use. (policy 2-66) Less than significant On-going Community Dev. Dept./ Parks & Rec. Dept./Parks & Rec. Com! City Council Hold a portion of developer fees in reserve for the possible acquisition of surplus school properties if they become available. (policy 2-77) Less than significant On-going Community Dev. Dept./ Parks & Rec. Dept./Parks & Rec. Com! City Council Require dedication of public parkland in areas where significant new housing units are identified to meet State requirements. (policy 2-82) Less than significant On-going Community Development Department Recognize the public benefits derived !Tom facilities such as gymnasiums, swimming pools and/or tennis courts.(policy2-83)_ - vJ \ <:::>" \.N 8 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Land Use: DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Community Development Department Proposed by the General Plan: Base boundaries between land use classifications upon lot lines of established land use activities. (policy 2-84) On-going Community Development Department Allow public and quasi-public activities in commercial or office land use categories with zoning use pennit. (policy 2-86) On-going Community Development Department DesIgnate all public schools sites for public use. (policy 2-87) During project review process Department of Community Development Pennit new drive-up service facilities for commercial, industrial or institutional use only when adequate circulation, parking, noise control and architectural features are compatible with surrounding uses. (policy 2-88) -- W \ ~ ~ 9 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Housm~: DESCRIPTION OF ENVIRONMENTAL IMP ACTS On-going Community Development Department Proposed by the General Plan: Assign priorities to households who live or work in Cupertino for BMR units produced through the plan or affordable housing units built with mitigation fees. (Policy 3-1) Potential Impacts: Potential growth resulting rrom increased job opportunities and Cupertino's desirability as a residential community will exert pressures for additional housing. On-going Community Development Department Encourage the development of diverse housing stock to provide a wide range of housing types (including smaller, moderate cost housing) at affordable levels. Emphasize the provision of housing for lower/moderate income house-holds and, also, households with wage earners who provide services (e.g., school district, municipal, and public safety employees. (policy 3-2) Moreover, State law requires that local govenunents zone sufficient vacant lands for residential use at standards and densities appropriate to meet the housing needs of all economic segments of the population. On-going Community Development Department Pursue and/or provide funding for the construction or rehabilitation of housing affordable to the very low, low and moderate income households. Actively support and assist non-profit and for profit developers in producing affordable units. (policy 3-3) On-going Community Development Department Maintain/adopt appropriate land use regulations and other development tools to encourage the development of affordable housing. (policy 3-4) On-going Redevelopment Agency Use a minimum of25% of tax increment funds trom the Redevelopment Project Area for activities that create affordable housing for lower and moderate income households. Set aside 5% of the 25% for extremely low income housing. (policy 3-5 On-going Com. Dev. Dept/Plan. Commission/City Council Provide a full range of ownership and rental housing unit densities, including apartments and other high-density housing. (policy 3-6) iHousiDLElement, Goal B) - vJ \ ""'" '\ 10 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES HouslD~: DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Community Development Department Proposed by tbe General Plan: Assist very low and low income homeowners and rental property owners in maintaining and repairing their units. (policy 3-7) (Housing Element, Goal B) On-going Community Development Department Conserve existing owner and rental housing units, which provide affordable housing opportunities for lower and moderate income households. (policy 3-8) (Housing Element, Goal B) On-going Community Developmeot Department Encourage energy conservation in all existing and new residential development. (Policy 3-9) (Housing element, Goal C On-going Community Development Department Support organizations that provide services to special need households in the City, such as homeless, elderly, disabled and single parent. (policy 3-10) On-going Community Development Department Support programs and organizatIons that seek to eliminate housing discrimination (policy 3·11) (Housing Element, Goal D) - r """ cr-- 11 ENVIRONMENTAL IMP ACT AFtER MITIGATION MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Circulation: DESCRIPTION OF ENVIRONMENTAL IMPACTS significant Less than On-going Community Development Department! Department of Public Works Proposed by the General Plan: Participate actively in developing regional approaches to meeting the transportation needs of the residents of the Santa Clara V ¡¡!ley. Work closely with neighboring jurisdictions and agenciès responsible for roadways, transit facilities and transit services in Cupertino. (policy 4-1) Potential Impacts: The primary potential adverse impact on circulation caused by the development policies of the General Plan is to increase the number of vehicle trips that would use the local streets and regional fteeway systems. Less than Significant On-going Community Develoþment Department! Department of Public Works. Promote a general decrease in reliance on private single-occupant vehicles (SOY) by encouraging attractive alternatives. (policy 4-2) (Circulation Goal, B) Less than significant On-going Community Development . Department! Department of Public Works. Implement the programs and projects recommended in the Cupertino Pedestrian Transportation Guidelines and In the Cupertino Transportation Plan, as well other programs that promote this goal. (policy 4·3) as LèSS than Significant On-going Department of Public Works. Support and encourage the use of public transit. (policy 4-4) (Circulation Goal, D) LèSS than significant On-going Department of Public Works Maintain a minimum LOS ofD for major intersections during the morrung and afternoon peak hours. Achieve this standard by imposing reasonable limits on land use to ensure that principal. thoroughfares are not unduly impacted by locally generated traffic at peak traffic hour. In order to accommodate development that furthers a unique gathering place in Cross- roads area on Stevens Creek Blvd., set the LOS standard for the inter-sections of Stevens Creek Blvd. with De Anza Blvd. and Stelling Road to LOS E+. (No more than an averal\e 45 seconds of delay per ~ '-' \ ~ --J 12 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant AGENCY MONITORING RESPONSffiLE FOR SCHEDULE IMPLEMENTATION Department of Public On-going Works Community Development Project review time Department! Department of Public Works Community Development During project review Department! Department process of Public Works Community Development On-going Department! Department of Public Works Department of Public On-going Works MITIGATION MEASURES Circulation: DESCRIPTION OF ENVIRONMENTAL IMPACTS Proposed by the General Plan: vehicle). The standard for the intersection of De Anza Blvd. at Bollinger Road. shall also be LOS E+. LOS standard may also be adjusted as described in Policy 4-6. (policy 4·5) Design roadways based on efficient aligrunents, appropriate number and widths of traffic lanes and related improvements to support adjacent properties. (Policy 4-6) Minimize the number of driveway openings in each development. (policy 4-7) Plan street improvements such as curb cuts, sidewalks, bus stop turnouts, light poles, benches, etc as an integral part of a project to ensure an enhanced streetscape and the safe movement of people and vehicles with the least possible disruption to the streetscape. (policy 4-8) are safe for Encourage through traffic to use the major streets by maintaining the highest service possible on the arterial street system. (policy 4.10) Require parking lots that pedestrians. (policy 4-9) When necessary Department of Public Works traffic Discourage traffic ¡¡-om using local neighborhood streets by employing calming measures. (policy 4-11) On-going Department of Public Works Do not close streets unless there is a demonstrated safety or overwhelming through tcaffic problems and there are no ac~able alternatives. Closures may shift - y ~ """ 13 ENVIRONMENTAL IMPACT AFTER MITIGATION MON1TORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Circulation (Cont'd): DESCRIPTION OF ENVIRONMENTAL IMPACTS Proposed by tbe General Plan: traffic to other local streets, thus moving the problem ITom one neighborhood to another. (Policy 4-12) Less than sIgnificant in is Periods when school session Department ofPablic Works Minimize the impact of school drop-ofl; pick-up and parking on neighbor-hoods. (policy 4-13) Less than Significant On-going Department of Public Works In addition to limiting through traffic volume on local streets, protect the community ITom noise, fumes and hazards caused by the City's transportation system The quarries on Stevens Canyon Road, Stevens Creek Blvd. and Foothill Blvd. are major sources of transportation noise (Policy 4-14) (Circulation Goal, F) sIgnificant Less than When LOS drops below the acceptable standards. Department of Public Words Recommended by tbe EIR: To meet intersection LOS policy standards, two capacity improvements are recommended in the Plan under Policy 4-5 These are shown in Table 2-9 on page VI- 14 of the ElR. - vJ , ~ -J:::> 14 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than sigr¡ificant Less than sigr¡ificant Less than sigr¡ificant Less than sigr¡ificant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES rails: dT Open Space, Parks DESCRIPTION OF ENVIRONMENTAL IMPACTS an On-going Community Development Department! Parks and Recreation Department Proposed by General Plan Ensure that each household is within a half- mile walk of a neighborhood park, or community park with neighborhood facilities, and that the route is reasonably ftee of physical barriers, including streets with hea,y traffic. Whenever possible, provide pedestrian links between parks. (policy 2-72) Potential Impacts: The projected increases in the City's residential population and the employee population resulting ftom either expansion of existing commercial uses or from new commercial uses will increase usage of the existing facilities. On-going Community Development Department! Parks and Recreation Department Recognize the level of recreational intensity appropriate to each neighborhood park. (Policy 2-73) This intensification of the usage of the parks and other recreational facilities could have a sigr¡ificant adverse impact on the existing facilities. 2006 Parks and Recreation Department Develop the City's Park Acquisition Strategy. (policy 2-78) New residential construction could displace lands with parklands potential further minimizing recreational opportunities.. On-going Santa Clara County The Santa Clara County Parks program should pursue the goal of connecting Upper and lower Stevens Creek Parks. (policy 2- M) On-going Santa Clara County/Parks and Recreation Department Actively pursue inter-agency cooperation in acquiring properties near the western planning area boundary to connect the lower foothills, the open space, trail system and the neighborhoods. (policy 2-65) On-going Community Dev. Dept! Parks & Rec. Com.! City Council Retain some form of revenue-generating potential at Blackbeny Farm as the uses transition trom non-resident to resident use. (policy 2-66) On-going Parks and Recreation Department Provide more recreational opportunities for special needs groups. (policy 2-67) - w \ -D C> 15 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES rails: dT Open Space, Parks DESCRIPTION OF ENVIRONMENTAL IMP ACTS an On-going Community Development Department Proposed by the General Plan: Encourage the continued existence and profitability of private open space and recreational facilities tbrough incentives and development controls. (policy 2-68) On-going Community Development Department Seek cooperation ftom private landowners for public use of private open space. (policy 2-69) On-going Community Development Department! Parks and Recreation Department Dedicate or acquire open space lands and trail linkages to connect areas and provide for a more walkable community. (policy 2-70) On-going Community Development Department! Parks and Recreation Department Provide parkland equal to a minimum of tbree acres for each 1,000 residents. (policy 2-71) When new parks are developed Community Development Department! Parks and Recreation Department Plan parks to be at least 3.5 acres for flexibility of use. (policy 2-74) On-going On-going Community Development Department! Department of Public Works Community Development Department in cooperation with Sheriff Dept. Design parka to keep long-term maintenance costs low. (policy 2-75) Parks shall be designed to enhance public safety by providing visibility to the street and access by public safety responders. (policy 2-76) On-going Community Development Department Hold a portion of developer fees in reserve for the possible acquisition of surplus school properties ifthey become available. (policy 2-77) On-going Community Development Department! Parks and Recreation Department Additional parklands are identified shall be acquired or dedicated in the Rancho Rinconada area, the Valleo Park area north ofI-280 near Stelling Road. (Policy 2-79) and ~ v.J \ ~ - 16 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant MONITORING SCHEDULE - On-going On-going On-going AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES rails: dT Open Space, Parks DESCRIPTION OF ENVJRONMENT AL IMPACTS an Community Development Department! Parks and Recreation Department Proposed by the General Plan: Preserve school playing fields for school and conununity recreational uses. (policy 2-80) Community Development Department! Parks and Recreation Department Provide park and recreational space for new residential development in the urban core areas. (policy 2-81) Community Development Department/Parks and Rec. Dept./Planning Commission/City Counci: Require dedication of public parkland in areas where significant new housing units are identified to meet State requirements. (Policy 2-82) - '--J \ ~ f> 17 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less that significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Visuall Aesthetic Qualities: DESCRIPTION OF ENVIRONMENTAL IMPACTS During project review process Community Development Department Proposed by the General Plan: Concentrate urban building forms in Vallco Park, City Center and Crossroads/Heart of the City planning areas. (Policy 2-13) Potential Impacts: New development in accordance with the proposed General Plan could have a significant visual impact on the City. Dunng project review process Community Development Department Emphasize attractive building and site design during the development review process. (policy 2-14). Additional development on the valley floor will intensity the urban appearance of the area. reVIew During project process Community Development Department Preserve the character of the residential neighborhoods by requiring new development to be comparable to the existing .(policy 2-16) On-going Community Development Department Maintain superior living environment for multi-family dwellings. (policy 2-15) Residential development in the hillside areas could have a significant impact on the scenic, natural hillside environment. New homes and their appurtenant facilities will introduce elements that may conflict with the pristine, natural environment of the hillsides and may also introduce secondary development to support the primary development that may further impact the existing natural, hillside environment. During project review process Community Development Department In public and private landscaping projects subject to City review, select landscaping designs that reflect the development context. (policy 2-18) Operations associated with the construction activities in the hillsides could remove substantial amounts of the natural vegetation covering the hillsides. On-going Community Development Department Consider unique streetscape choices for different parts of Cupertino. (policy 2-17) The General Plan reduces the height limits of various districts, such as: Vallco Park South, Heart ofthe City, Homestead Road, City Center, North De Anza and Vallco Park North. While this reduction in the height limits may address the concerns raised about the appearanee ofthe City, it could also give a monotonous appearance to the City's skyline. - v) \ -....¡, W 18 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Air Quality: DESCRIPTION OF ENVIRONMENTAL IMP ACTS On-going Community Development Department Proposed by tbe General Plan: Minimize the air quality impacts of new development projects. (policy 5-4) On-going Community Development Department Minimize the air quality impacts of existing development. (policy 5-5) On-going Community Development Department jogging and bicycling the City. (policy 5-7) Encourage walking, instead of driving in On-going Community Development Department! Building Department Discourage high pollution fireplaces. (policy 5-7) On-going Community Development Department Recommended by EIR: Screen new uses locating near sensitive receptors to ensure that they are not potential sources of air pollutants. On-going Community Development Department Do not allow residential uses or sensitive receptors to be developed near existing sources of air pollutants. Potential Impacts: Site preparation activities such as grading, soil excavation and heavy construction equipment operation associated with the construction of developments consistent with the General Plan could generate dust emissions that could result in temporary increases in localized PMIO [Fine particulate matter (solid or liquid) with an aerodynamic diameter equal to or less that 10 microns] emissions. This is a potential significant impact, but could be reduced to less than significant with the implementation of appropriate mitigation measures Increased vehicular traffic ITom potential growth consistent with the General Plan could increase CO levels at major intersections On-going Community Development Department Require substantial landscaping huffers between sensitive receptors and adjacent uses. On-going Community Development Department! Department of Public Works Implement two capacity improvements as recommended in the General Plan under Policy 4-5 to meet LOS policy standards. Increased vehicular traffic ITom potential growth consistent with the General Plan could increase CO levels at major intersections - '-'" \ ~ -c:. 19 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Department of Public Works Proposed by the General Plan: Maintain City-wide efforts of water conservation efforts similar to those being conducted on a regional scale. (policy 5-29) On-going Department of Public Works Prohibit excessive water uses throughout the City. (Policy 5-31) On-going Department of Public Works Provide the public infocmation regarding water conservation/-efficiency techniques. (policy 5-30) Potential Impact: Water: Development pursuant to the General Plan will increase demands on the water supply. The Santa Clara Valley Water District has indicated that it will be able to meet the new demands, provided new growth does not exceed ABAG's projections. On-going Community Development Department Actively pursue interagency coordination for regional water supply problem solving. (policy 5-28) During project review process Community Development Department Encourage development projects to follow watershed-based planning and zoning by examining the project in the context of the entire watershed area. (policy 5-23) On-going Department of Public Works Support the Santa Clara Valley Water District to find and develop groundwater recharge sites within Cupertino's Planning Area and provide for public recreation at the sites where possible. (Policy 5-24) On-going Community Development Department Where such measures do not conflict other municipal purposes or goals, encourage, via zoning ordinances. compact development located away rrom sensitive areas. (policy 5-22) with Ongoing Community Development Department Encourage the research of other water sources, including water reclamation. (policy 5-25) - v-J \ --..I::> '\ 20 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less that significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Public Services and Utilities DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Community Development Department/Cupertino Sanitary District. Proposed by the General Plan: Encourage industrial projects to have long- term conservation measures including recycling equipment for manufacturing and pooling water supplies in the plant. Work with the Cupertino Sanitary District to carry out thís policy. (policy 5-26) On-going Department of Public Works Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural state. (policy 5-27) On-going Community Development Department Provide input into District's Master Plan preparation to ensure that issues relevant to Cupertino's land use policies are addressed, and work closely with the district on the implementation of the General Plan. (Policy 5-45) On-going Community Development Department Consider the impacts on the Sunnyvale sanitary sewer system if significant office uses are proposed in the east Stevens Creek Blvd. area. (poHcy 5-46) On-going Community Development Department Recognize that new hígh discharge users in the Vallco area and the Stevens Creek Blvd. and Blaney area will be required to pay for tributary lines (policy 5-47) Wastewater: Both the Cupertino Sanitary District and The City of Sunnyvale have sufficient wastewater treatment capacity at the plants to accommodate future growth in their Cupertino service area. However. there are some existing infTastructure problems. The carrying capacity of some the Hnes in the system may not be able to accommodate effiuents ffom new development in the Town Center, east of Wolfe Road, south ofI-280 on Wolfe Road, Stelling Road and Foothíll Boulevard areas. Projected growth under 'the proposed General Plan would make demands on the existing sewer system that may tax the existing infTastructure. The additional volume discharged ffom new development, particularly heavy sewer generators, into lines presently running at or near capacity may exceed the cumulative canying capacity of these lines. - w \ -..!:) 6'-' 2 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant AGENCY MONITORING RESPONSIBLE FOR SCHEDULE IMPLEMENTATIONi Department of Public On-going Works MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS Proposed by the General Plan: The City proposes to upgrade key parts of the older system through a long-tenn Capital Improvement Program (CIP) that includes a project to provide a storm drainage system to the Monta Vista area. On-going On-going On-going On-going On-going Department of Public Works Require that site design respect the topography and drainage to the extent practicable to reduce the amount of grading necessary and limit disturbance to natural water bodies and natural drainage systems caused by development including roads, highways and bridges. (policy 5-19) Storm Drainage: Storms of intensities greater that 40-years could cause some flooding of yards, but flooding of buildings secved by the existing drainage system is higWy unlikely. Those areas without a storm drainage systems could be subjected some property damage. Department of Public Works Minimize storm water flow and erosion impacts resulting ITom development. (policy 5-20) Community Development Department! Department of Public Works Prior to making land use decisions, estimate increases in pollutant loads and flows resulting ITom projected future development. (policy 5-21) School Districts Continue to impose and collect maximum impact fees pursuant to the State-authorized statutory authority in accordance with Government Code 65995. School Districts Consider other mitigation measures, such as: increasing class sizes, conducting year- round schools, adding portable class rooms and revising school attendance boundaries. On-going Community Development Department Recognize the financial impact of increased development on the school districts' ability to provide staff and facilities Schools: Additional residential development consistent with the General Plan could have both capacity and fiscal impacts on schools. An analysis of the potential capacity and fiscal impacts that residential growth could have on schools was performed by Bay Area Economics (BAE). The Fremont Union High School District conducted two separate analysis of the SGR (Student Generation Rates). The most recent analysis conducted by the FUHSD with the help of consultant and the City of CU1"'rtino Plannin.B.§taffusing - '->.J \ --.S:> ..j 22 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE - On-going On-going On-going On-going AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMP ACTS General Plan: the Proposed by actual enrollment figures appear to have closed the gap between the BAE figures and the FUHSD figures. Although figures generated by BAE and FUHSD still differ, they are not significantly different. The City of Cupertino Planners, the FUHSD and its consultant are now in agreement that such differences will not be significant enough to change the general conclusions about the impact to the general fund ofthe FUHSD !Tom the growth projections by BAE or !Tom the new calculations now accepted by the City and the FUHSD. Expand existing commercial and industrial Public Works Dept. recycling programs to meet and sucpass AB939 waste stream reduction goals. (policy 5-38) Streamline the residential curbside Public Works Dept. recycling program in the next decade. Include all city-wide residential zoning districts in the curbside recycling program. (policy 5-39) ModifY existing and require new multi- Public Works Dept. family, commercial and industrial land uses have 50% of their garbage areas dedicated to recycling and no more than 50% garbage. (policy 5-40) Promote the existing public education Public Works Dept. program regarding the reduction of solid waste disposal and recycling. (policy 541) Solid Waste: Development consistent with the General Plan could increase solid waste generation. The City is compliance with AB 939 which required a 50% reduction in the solid waste stream by the year 2000, and is presently exploring recycling methods to further reduce the waste stream. - W I -...D ""'" 23 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less that significant Less than significant Less than significant Less than significant AGENCY MONITORING RESPONSIBLE FOR SCHEDULE IMPLEMENTATION i Public Works Dept. On-going Public Warks Dept. On-going MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS all City Through public education, encourage residents and businesses to re-distribute reusable materials, e.g., garage sales, materials exchange. (Policy 5-43) Proposed by the General Plan: Encourage City staff to recycle at facilities. (policy 5-42) On-going Public Works Dept. Encourage the recycling and reuse of building materials, including recycling materials generated by demolitions and remodeling of buildings. (Policy 5-44) Santa Clara County Fire On-going Dept. Community Development On-going Department! Public Works Dept. Community Development On-going Department Community Development On-going Department Cupertino's fire insurance rating is Class 2 (Class I being the highest rating). This is as a result of Cupertino's efforts to minimize fire risks. The Santa Clara County Fire Department (SCCFD) participates in the project review process to ensure that new buildings comply with the applicable Fire and Building Codes. In addition, the SCCFD administers the Weed Abatement and Brush Clearance Ordinance to minimize potential fires in the foothills and conducts inspections to insure compliance with applicable Coordinate wild fire prevention with adjacent jurisdictions. (policy 6-3) Encourage the County to put into effect fire reduction policies of the County Public Safety Element. (policy 6-4) Fire and Emergency Services: Cupertino's geographical boundaries include the foothills of the Santa Cruz Mountain Range at its westerly limits and the urbanized valley floor at its northerly limits. For that reason, Cupertino may be exposed to hazards rrom both wild and urban fires. Wild fires may impact the natural environment and residents of the area in the rural areas of the foothills. Urban fires, which may occur in high-rise buildings, multiple residential buildings and/or in commercial and industrial buildings, could impact workers and residents of the area. Development consistent with the General Plan would not significantly increase demands on the existing fire services. Encourage the Midpeninsula Open Space District and the County Parks Department to continue efforts in fuel management to reduce fire hazards. (policy 6-5) - '-J \ ~ -......D 24 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant significant Less than significant Less than AGENCY MONITORING RESPONSffiLE FOR SCHEDULE IMPLEMENTATION Community Development On-going Department Community Development On-going Department Community Development On-going Department Community Development On-going Department MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS Encourage the Midpeninsula Open Space District to consider "green" fire breaks use for open space lands. (policy 6-6) Involve the Fire Department in the early design stage of aU projects requiring public review. (policy 6-7) Coordinate with the Fire Department to Develop new guidelines for fire protection for commercial and industrial land uses. (policy 6-8) Promote fire prevention and emergency preparedness through City initiated pubic education programs. (policy 6-9) significant Less than Less than significant significant Less than significant Less than Less than significant On-going On-going On-going On-going On-going On-going Community Development DepartmentJ Building Department Recognize that multi-story buildings of any land use type increase risks of fire. (policy 6-10) Community Development DepartmentJ Building Department Consider adopting a residential fire sprinkler ordinance. (policy 6- I I) Building Department Require smoke detectors in aU new residential units, and in all residential units at the time of sale or rental, in conformance with State law. (policy 6-12) Building Department Adopt an aggressive wood shake abatement program to require that any roof that is 25% or more replaced must use fire retardant materials for all replacement shake. (policy 6-13) Involve the Fire Department in the design of public roadways. (Policy 6-14) ~ V \ - ~ Public Works Dept. Public Works Dept. Allow public use of private roads for emecgencies for hillside subdivisions. (policy 6-15) 25 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Community Development Department! Public Works Dept. Proposed by the General Plan: Require new hillside development to upgrade existing access roads to meet Fire Code and City Standards. (policy 6-17) On-going Community Development Department! Building Department Discourage the use of private residential electronic security gates that act as a barrier to emergency personneL (policy 6-18). On-going Community Development Department Encourage the water companies to extend water service into the hillside and canyon areas. (Policy 6-19) On-going Community Development Department Encourage cooperation between water utility companies and the Fire Department. (policy 6-20) On-going Community Development Department Encourage utilities to consider Fire Department firefighting needs when upgrading water systems. (policy 6-21) On-going Building Department Require fire sprinklers in new residential construction located in hillside areas and flag lots. (6-22) Duringpr~ectre~ew process Community Development Department Principles of defensible space may be incorporated through the project re~ew process into the projects to reduce crime. The Santa Clara Sheriff Department also participates in the project re~ew process and makes recommendations relevant to police and safety issues Police Services: Development consistent with the General Plan and increased population as projected by ABAG will make greater demands on police services. On-going Community Development Department! Santa Clara SheriffDept. Support the Neighborhood Watch Program and others intended to help neighborhoods prevent crime. (policy 6-23) On-going Community Development Department! Public Works DeDt. Encircle neighborhood parks with a public road to pro~de ~sual accessibility whenever possible. (policy 6-24) ~ '-'.) I ---. C> -- 26 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant MONlTORJNG SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Public Services and Utilities: DESCRIPTION OF ENVIRONMENTAL IMPACTS review During project process Community Development Department Proposed by the General Plan: Consider relationship between building design and crime prevention in reviewing all developments. (policy 6-25) review During project process Community Development Department Continue to request County Sheriff review and comment on development applications. (Policy 6-27) The City of Cupertino has already recognized the need for conservation and has taken action at various levels to make the City a more energy-efficient user. The following policies have been incorporated in the General Plan to reduce the potential impact to less than significant: Gas and Electricity: Development consistent with the General Plan will increase demands on these non- renewable resources. Continued increased demands could impact these non-renewable enecgy supplies, as evidenced in recent years On-going Community Development Department Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources. (policy 5-2) On-going Community Development Department! Building Department Encourage the design and construction of energy and resource conserving/efficient buildings (Green Building Design). (policy 5-3) - w I --- ~ f-- 27 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES ildlife and Ve~etatlOn DESCRIPTION OF ENVIRONMENTAL IMPACT w During project review process Community Development Department Proposed by the General Plan: Preserve and enhance the existing natural vegetation, landscape features and open space when new development is proposed. (Policy 5-11) S Potential Impacts: Potential development of the hillsides consistent with the General Plan could have a potentially significant effect on the existing wildlife and natural vegetation During project review process Community Development Department Encourage public and quasi-public agencies to landscape their city area projects near native vegetation with appropriate native plants and drought tolerant, non-invasive, non-native plants. (policy 5-8) Clearing of the sites for new residential development in the hillside foothills would require removal of the natural vegetation. During project review process Community Development Department Encouraging clustering of new development away tram sensitive areas such as riparian corridors,· public open space preserves and ridgelines. New development in areas must have harmonious landscaping plans approved prior to development. (policy 5-9) The removal ofthe natural vegetation and the intrusion of man- made structures could displace existing wildlife habitat and also affect the migratory patterns. On-going Works Dept. Public Emphasize drought tolerant and pesticide- resistant native plants when landscaping near natural vegetation, particularly for control of erosion rrom disturbance of natural terrain. (policy 5-10) On-going Community Development Department Confine fencing on hillside property to the area around a building rather than the entire site to allow for migration of wild animals. (policy 5-12) On-going Community Development Department Limit recreation in the natural areas to activities compatible with preserving the natural vegetation, such as hiking, horseback riding, mountain biking and camping. (policy 5-13) ~ \>J I - C> W 28 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant MONITORING SCHEDULE AGENCY RESPONSŒLE FOR IMPLEMENTATION MITIGATION MEASURES Wildlife and Ve~etation: DESCRIPTION OF ENVIRONMENTAL IMP ACTS - On-going Community Development Department Proposed by the General Plan: Provide open space linkages within and between properties for both recreational and wildlife activities, most specifically for the benefit of wildlife that is threatened, endangered or designated as species of special concern. (policy 5-14) ~ IN I -..... Q> , 29 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MON1TORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Noise: DESCRIPTION OF ENVIRONMENTAL IMP ACTS review During project process Community Development Department! Building Department Proposed by tbe General Plan: Use the Land Use Compatibility for Community Noise Environments chart to evaluate land use decisions. (policy 6-50) During project review process Community Development Department! Public Works Dept. Ensure that roads and development along 1- 85 and 1-280 are designed and improved to minimize neighborhood noise. (policy 6-51 On-going Community Development Department Support enactment of stricter state laws on noise emissions ITom new motor vehicles and enforce existing laws on noise emissions. (policy 6-52 On-going Community Development Department Review the needs of residents for convenience and safety and make them priority over convenient movements or commute or through traffic where practical. (policy 6-53) On-going Community Development Department Evaluate solutions to discourage through traffic in neighborhoods through modified street design. Examples include meandering streets diverters, landscape islands and wide parking strips. (policy 6-54) Potential Impacts: Development consistent with the General Plan will generate significant noise impacts during those periods of heavy construction activities. Increases will be temporary and noise levels will return to normal after the construction period. Increased traffic, increased population and increased urban activities will raise the ambient noise levels. Noise contours projected to the year 2020 ( page 6-38 of Section 6 of the General Plan) indicate that there will a slight increase in the ambient noise levels as a result of the implementation ofthe General Plan, but the increase does not represent a significant impact. On-going Community Development DepartmentlPublic Works Department Work toward improving the noise environment along Foothill Boulevard and Stevens Creek Boulevard by restricting quarry truck traffic. (policy 6-55) On-going Community Development DepartmentlPublic Works Department Work to carry out noise mitigation measures to diminish noise !Tom the Hanson Permanente truck traffic for homes near Foothill and Stevens Creek Boulevards. (policy 6-56) - \...J I -- <::> '-'\ On-going Community Dev. Dept./Public Works Dept. Consider improvements, such as medians, landscaping and addition of bicycle lanes to reduce quany truck impacts. (Policv 6-57) 30 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORJNG SCHEDULE AGENCY RESPONSlliLE FOR IMPLEMENTATION MITIGATION MEASURES Noise DESCRIPTION OF ENVIRONMENTAL IMPACTS During project review process Community Development Department Proposed by the General Plan: Be sure new commercial or industrial developments plan their delivery areas away ¡¡-om existing homes. (policy 6-58) On-going Community Development Department Actively enforce Section 10.48 of the Municipal Code limiting commercia! and industrial delivery hours adjoining residential uses. (policy 6-59) During project review process Community Development Department Require analysis and implementation of techniques to control the effects of noise ¡¡-om industria! equipment and processes ¡¡-om projects near homes. (policy 6-60) On-going Building Department Restrict non-emergency building construction work near homes during evenings, early morning, and weekends by enforcing the noise regulations in the Municipal Code. (policy 6-61) On-going Building Department Regulate construction and maintenance activities. (policy 6-62) On-going Community Development Department Exercise discretion in requiring sound walls to be sure that a!l other measures of noise control have been explored. (policy 6-63) On-going Building Department Require the City Building Department to enforce all sections of the California Building Code for exterior sound transrnission control (Sec. l208A.8 (policy 6-64) I). On-going Building Department Encourage the City Building Department to enforce all sections ofthe California Building Code relating to inter-dwelling sound transmission control, (Sec. l208A.1.6) (policy 6-65) - vJ , --- ~ ~ 31 AGENCY MONITORING ENVIRONMENTAL RESPONSIBLE FOR SCHEDULE IMPACT AFTER IMPLEMENTATIONi MITIGATION Building Department During project review Less than significant process - MITIGATION MEASURES Noise: DESCRIPTION OF ENVIRONMENTAL IMPACTS Proposed by the General Plan: Consider applying the California Building Code requirements for exterior sound transmission control (Sec. l208A.8.1) to construction of new single family housing. (policy 6-66) I ~ vJ 1 ---.. C> --J I 32 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Geology and Seismicity DESCRIPTION OF ENVIRONMENTAL IMP ACTS On-going Community Development Department! Building Department Proposed by tbe General Plan: Both the State and Local codes address the issue of seismic resistance design for new construction. The proposed General Plan also includes policies that would reduce potential impacts to acceptable levels. during project review process Community Development Department! Building Department Evaluate new development proposals within mapped potential hazard zones using a formal seismic! geologic review process. Use Table 6-D of this Hazards Analysis to determine the level of review required. (policy 6-1) On-going Community Development Department Reinforce the existing public education program to help residents reduce earthquake hazards. (policy 6-2) Potential Impacts: There is a probability that the project area will be subjected to strong ground shaking during an earthquake of a moderate to large magnitude. Severe City-wide ground shaking during an earthquake along one of the existing local or regional faults could cause structural as well as nonstructural damage to existing and prospective developments in the City. A moderate to large magnitude earthquake could also cause extensive property damage, injuries and possibly loss oflife. On-going Director of Emergency Services In the event of a large magnitude earthquake, The Cupertino Emergency Plan would be activated to manage emergency response activities and to coordinate with county, state and federal agencies. Damage ftom a large magnitude earthquake can not be eliminated totally but may be reduced to acceptable levels. Residents of the area recognize that a probability exists that they could be exposed to a severe earthquake, but they consider this to be an acceptable risk Table 6-C and Table 6-D in Section 6 (Health and Safety Element) of the General Plan represent Cupertino's policy position on the amount of Technical evaluation needed to ensure that hazards in new development are deduced to acceptable levels of risks. ~ '-' I -.... a. c::.." 33 ENVIRONMENTAL IMP ACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant AGENCY MONITORING RESPONSffiLE FOR SCHEDULE IMPLEMENTATION Community Development On-going DepartmentJ Public Works Dept. Public Works Dept. On-going Building DepartmentJ During project review Public Works Dept. process Director of Emergency On-going Services Community Development On-going Department Community Development On-going Department Community Development During project review Department process Floods, Drainage and Water Quality: DESCRIPTION OF MITIGATION MEASURES ENVIRONMENTAL IMP AC Proposed by tbe General Plan: Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the public. (policy 6-42) Ensure that FEMA Flood Insurance Rate Maps are developed for the City of Cupertino. (policy 6-43) IS Potential Impacts Existing uses and structures within the flood plains as well areas without an adequate drainage system will be subjected to flooding. Construction of projects consistent with the General Plan will be subject to a National Pollutant Discharge Elimination System (NPDES) pennit, which requires implementation of nonpoint source control of stormwater runoff Ensure that Cupertino is prepared to respond to a potential dam failure. (Policy 6-44) Siltation from new construction consistent with the General Plan could degrade the water quality and obstruct the natural flow and the existing drainage system unless appropriate measures are implemented to preclude it. Allow commercial and recreational uses now exclusively within the flood plain to remain or be used for agriculture. (policy 6-45) Adopt stringent land use, zoning and building code regulations limiting new construction in the urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator. (policy 6-46) Regulate closely all types of habitable development in the natural flood plains. This includes prohibiting fill materials and obstructions that may increase flood potential downstream or modify the natural riparian corridors. (policy 6-47) - \.J 1 -- ~ --D 34 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant AGENCY MONITORING RESPONSIBLE FOR SCHEDULE IMPLEMENTATION i Public Works Dept. During project review process Public Works Dept. On-going Floods, Draina~e and Water Quality: DESCRIPTION OF MITIGATION MEASURES ENVIRONMENTAL IMP ACTS Proposed by the General Plan: Restrict the extent and timing of hillside grading operation /Tom April to October. (policy 6-48) Assure the structural integrity of water storage facilities. (policy 6 49) ~ '-J I ---- - a 35 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION MITIGATION MEASURES Hazardous Materials DESCRJPTION OF ENVIRONMENTAL IMPACTS On-going Community Development Department! Building Department Proposed by the General Plan: Require the proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fire or the release of hannful fumes. (policy 6-28) During project review process Building Department Assess hazards ¡¡-om exposure to hazardous materials by residents of new childcare facilities proposed in existing industrial and manufacturing areas. Do not allow residential development if such hazardous conditions cannot be mitigated to an acceptable level of risk. (policy 6-29) Potential Impacts: Commercial and/or industrial uses developed in accordance with the General Plan may include the usage of hazardous materials in their operations. Additional storage of these materials could increase the risk of exposure to such materials and increase the waste-stream of these materials. During project review process Community Development Department review Consider potential hazards ¡¡-om electromagnetic fields in the project process. (policy 6-30) On-going Community Development Department Encourage residents and businesses to use non and/or less hazardous products, to slow the generation of new hazardous waste requiring disposal through the county-wide program. (policy 6-31) On-going Community Development Department Support and help fund the County-wide Household Hazardous Waste Program, to provide residential and small business community the opportunity to properly dispose of hazardous waste. (policy 6-32) On-going Public Works Dept. Infonn the residential and business communities about the illegality of dumping hazardous waste into the stonn drain system and creeks. (policy 6-33) - V ---- - 36 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSffiLE FOR IMPLEMENTATION Resources: MITIGATION MEASURES and Cultural DESCRIPTION OF ENVIRONMENTAL IMPACTS Historical During project review process Community Development Department Proposed by the General Plan Undertake an active partnership with private owners of landmark structures to rehabilitate the buildings. (policy 2-59) During project review process Community Development Department Protect archaeologically sensitive areas. (policy 2-60) During project review process Community Development Department American burial sites. Protect Native (policy 2-61) Potential Impacts: Construction activities associated with new development consistent with the General Plan could disturb potentially valuable archaeological deposits or paleontological resources. New comtruction could also affect existing historical building and/or sites. review During project process Community Development Department Protect and maintain heritage tcees in a healthy state. (policy 2-62) - W ì -- --- (-J 37 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than significant Less than significant Less than significant MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Energy: DESCRIPTION OF ENVIRONMENTAL IMPACTS On-going Building Department Proposed by the General Plan: Policies incorporated into the General Plan regarding energy have been designed to reduce energy consumption. In addition, State has adopted measures that address energy consumption. Title 22 and Title 24 include energy conselVatÎon requirements that must be applied to all new construction. On-going Building Department Encourage the maximum feasible conservation and efficient use of electrical power and namral gas resources. (policy 5-2) On-going Building Department Encourage the design and construction of energy and resource conserving/efficient buildings (Green Building Design). (policy 5-3) Potential Impacts: Implementation of the General Plan will result in the expansion of existing commercial uses or construction of new commercial retail, office/industrial, hotels, commercial recreational buildings, restaurants and both single family residential structures and multiple residential structures. Construction of new buildings will increase energy consumption, as they would require natural gas for hearing and air conditioning and electricity for lighting. In addition, this new development will generate a substantial number of additional daily auto trips. This increase in automobile trip generation would intensify the demand for additional fuels. Without mitigation this increase in energy demand could generate a significant demand on the environment. - vJ I - W 38 ENVIRONMENTAL IMPACT AFTER MITIGATION Less than Significant Less than Significant Less than Significant Less than Significant Less than Significant MONITORING SCHEDULE AGENCY RESPONSIBLE FOR IMPLEMENTATION MITIGATION MEASURES Resources DESCRIPTION OF ENVIRONMENTAL IMPACTS Mineral On-going Santa Clara County Department Proposed by the General Plan: Santa Clara County has regulatory jurisdiction over the active mineral resource areas. Cupertino should continue to work closely with the County to ensure that the activities associated with the operations of the mineral resource areas do not impact the City of Cupertino to any significant extent. The following policies have been included into the General Plan to help reduce the potential impacts ftom the Hanson Permanente and Stevens Creek mineral resource sites to less than significant levels. Potential Impacts: The operation of the active mineral resource sites is of great concern to the citizens of Cupertino. The existing operations generate pollutants into the air with the potential of degrading the air quality and raising the ambient noise levels. Truck traffic associate" with the operations of the quarry traversing local roads are also a source of both air and noise pollution and also affect the local traffic conditions. On-going On-going On-going On-going Santa Clara County Department Consider new mineral resource areas within Cupertino's sphere of influence, but the cumulative impact of existing and proposed activities should not exceed present operations in tenns of noise and traffic. Work with Santa Clara county to assure that mining operations outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining activity is not extended into undisturbed lands without adequate documentation of econooúc purpose and environmental impacts and mitigations. (policy 5-15) Santa Clara County Control scenic restoration and noise pollution as well as air and water pollution in mineral extraction, quarrying, processing and transportation. (policy 5-16) Santa Clara County Conserve mineral resource areas outside the City. (policy 5-17) Santa Clara County Consider the desirability of designating abandoned quarries for passive recreation to rehabilitate land. (policy 5-18) - w -L ~ 39 ENVIRONMENTAL IMPACT AFTER MITIGATION MONITORING SCHEDULE - AGENCY RESPONSffiLE FOR IMPLEMENTATION Consistency with Existin~ Plans..:. DESCRIPTION OF MITIGATION MEASURES ENVIRONMENTAL IMPACTS Less than Significant On-going Santa Clara County Department Proposed by the General Plan: Mutual cooperation between the County of Santa Clara an the City of Cupertino, the potential impacts from the operation ofthe quarries can maintained at less that significant levels. Potential Impacts: The proposed General Plan may be deemed to be inconsistent with the Santa Clara County General Plan Policies in the following areas. While the County policies provide for expansion of sand and gravel resource extraction, Cupertino' S proposed General Plan states that exiting and proposed activities at these mineral resource areas should not exceed pcesent level of operations in terms of noise and traffic congestion. - vJ - '-1 Cupertino Union School District Superintendent William E. Bragg, Ph.D. Board of Education Pearl Cheng Ben liao Josephine Lucey Gary McCue George Tyson 10301 Vista Drive . Cupertino, California 95014-2091 . (408) 252-3000 . Fax (408) 255-4450 November 8, 2005 Ciddy Wordell, City Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Ciddy, RE: City General Plan Update I am responding to your October 27,2005 letter requesting comment on the changes in the numbers of potential residential units now before the city council as part of the General Plan Amendments. As you have pointed out, the number of proposed units has increased significantly from the number in the Draft General Plan that we previously addressed in our April 8, 2005 letter. In fact, as best as we can determine, the number has gone from approximately 1300 units to almost 2200, an increase of over 900 units. The district still concurs with your study titled "School Impacts of General Plan Alternatives" dated 4/8/05. The yields for K-8 of 0.5 students for low density and .186 for high-density development is reasonable and matches our anecdotal data. The fiscal calculations are considered conservative in that the average additional expense per student used includes fixed costs. The true "marginal" cost of each added student is lower than the average expenditure per student used in this analysis. Therefore, we still take no exception to the overall fiscal calculations. The significant increase in projected units will certainly increase the district's challenges in providing housing for the potential new students. Even though we still feel that district-wide we could accommodate the increase, if it were concentrated heavily in one single school attendance area it would create additional concems. As we previously said, significant impacts on a single school might require special mitigations. Examples would be sites where the addition of another classroom (even a modular) might require added fire hydrants or PG&E service upgrades at a significantly increased one-time cost. Additionally, in some rare cases, total school enrollment size may become an educational issue. For discipline or control reasons, additional administrative staff may be needed that isn't a direct ratio of the number of students added. Or, we may have to bus a small number of students to another site. 1)- [I b Ciddy Wordell April 8, 2005 Page Two As we look at the increased number of proposed units over those in the original Draft Plan, the potential for such situations to occur has certainly increased. We would expect that the normal city notification and individual project approval processes would afford the district the opportunity to address these special needed mitigations as they anse. Sincerely, Isl Rick Hausman Chief Business Officer Cupertino Union School District RH:lc cc: Dr. William Bragg, Superintendent, CUSD Dr. Steve Rowley, Superintendent, FUSD EQUAL OPPORTUNITY EMPLOYER (3-111 November 9, 2005 Dr. Stephen R. Rowley, Superintendent Fremont Union High School District 589 W. Fremont Ave. Sunnyvale, CA 94087 Ms. Cynthia Wordell, City Planner City of Cupertino 10300 T orre Avenue Cupertino, CA 95014 Response to the City of Cupertino Draft Environmental Impact Report Dear Ms. Wordell: This letter provides you with an updated response to the City of Cupertino General Draft General Plan Environmental Impact Report (EIR) from the Fremont Union High School District. I previously sent letters dated March 2, 2005 and April 12, 2005 to the City Planning Commission and you, in which I provided a broad response to the Draft EIR. Let me begin by saying that in the hours before sending this letter to you, I discovered some information that: 1) challenged my previous assignation of Student Generation Rates (SGRs) in my correspondence to you in April, 2005; and 2) revealed that the data I had available at that time did not include a full list of all projects contemplated or planned for by the City of Cupertino. Let me explain: 1. In April 2005, my calculations regarding projected increases in student enrollment from planned growth were based on an SGR of .228 for low density ISFD (single family dwellings), which I believed at that time to be related to only the Bubb Road project. All other projects I assumed were high density MF (multi-family condos), which I calculated at .016. My assumption that Bubb Road was the only low density project being considered by the City was based on information shared in meetings with Director Piaski, you, FUHSD staff, and me. As described below, Townhall Services, in its work for the City of Cupertino, has used an "average" SGR of .122, which is significandy higher than the average rate I used in April. Townhall Services calculates its projections of increases in students based on .122 SGR for all projects, SFD and MF. 2. At the time of my April letter to you, the projects we believed the City was considering included: Monta Vista, Heart of the City, Vallco Park South, Homestead Road, N. DeAnza Blvd., City Center, Valco Park North, and Bubb Road. Hence, a total of 9 developments representing 1419 units. I understand now this list was considered to be a "non-expanded list of built out areas". 13-(/0 2 The new list you sent me t\.Vo week ago, which I assume is an "expanded list of built out areas" includes: Oak Valley, Fairgrove, Other neighborhoods through the City, Other commercial areas, and other Employment areas. This is an additional 5 developments representing 778 additional units. CONSEQUENTLY, the analysis and response I provided you with in April are consideral?ly different (lower), based on these important changes in the method and basis of calculations. Let me outline what I now believe is more complete and accurate set of numbers and assumptions. And I believe the FUHSD and the planners of the City are in concurrence with these numbers and assumption. I then provide you with the overall reaction by the Fremont Union High School District Fiscal and Enrollment Impacts of Proposed New Development Within the past few months the firm of Town Ha!! Services has analyzed the fiscal and enrollment impacts of proposed development in the City. As part of their efforts they analyzed student generation coming from new residential development. The City Planning Department and FUHSD each accept Town Ha!! Services current SGR's based upon actual enrollment from recendy completed residential development, and consider the use of the SGR's below as reasonable to estimate the average enrollment impact of new residential development under the new General Plan. SFD - Single Family Dwelling MF-Condominium/ Apartment 0.228 0.016 The City's planners have integrated the new SGR into their new calculations for determining the "Total High School Student Generation Analysis", which can be found on the last page of the attached "School Impacts of the General Plan Alternatives." In addition to this information, Town Ha!! Services has conducted several enrollment and fiscal impact studies conducted for the City. The projects were high-density single developments, detached and attached, a type of development becoming increasingly common in Cupertino. An SGR of 0.100 was used to estimate enrollment impacts to FUHSD schools from these projects, as it is apparent that high-density single family developments have a significandy lower SGR than do low density detached single family dwellings. [please see the attached sheet tided: "Appendix B-Student Generation Rates - Sample New Development-October, 2005 (Fremont Union High School District)".] In addition to estimates of enrollment impacts from these recendy proposed residential development projects within the City of Cupertino, estimates were made as to the fiscal impacts of the proposed developments on FUHSD facilities costs (as new enrollment creates school capacity needs and costs) and operational costs (as each new student creates continued educational costs). Town Ha!! Services has prepared an Appendix C to their analyses tided "Cumulative Development Impacts", which includes the enrollment and fiscal impacts to our District from the five proposed residential developments. A copy of Appendix C is attached. All five projects are located in and around the Vallco shopping center, and in the Cupertino /3-(19 3 High School attendance area. (Those units are contained in the 22,369 "build out" units recommended by the City Council.) From the analysis of the projects containing the 966 units, the following highlights estimated fiscal and enrollment impacts to FUHSD. 1. The estimated enrollment impact from those projects is 95 students, and at the project locations, will impact Cupertino High School, reflecting the use of an .SGR of 0.100 per new residential unit of this type. 2. The capital facilities cost impact needed to house the new students is -$1,152,474, or an average of -$12,250 per student (assuming 95 new students). This can also be viewed as a -$1,193 facilities cost impact per new residential unit (assuming 966 units). 3. Under current assessed valuations for the proposed project, the District will benefit from the additional property tax revenue from these projects, and as such, the fiscal operating impacts will be a net of $791,492, or an average of $5,387 per student. This can also be viewed as a $819 fiscal operating revenue impact per new residential unit (assuming 966 units). General Plan Draft EIR Potential Residential Development Impacts The revised residential development potential contained in the General Plan Draft EIR assumes that, at current, the City of Cupertino has 21,097 (existing and approved) residential units. Under the General Plan City Council recommendations, 23,294 residential units are chosen as the General Plan duration allowable units. Our understanding is that under General Plan guidelines, the City will allow for the development of an additional 2,197 residential units. If we took the average of the agreeable General Plan SGR's for FUHSD (0.228 and 0.016 for both SFD and MF housing) and applied that number, 0.122, to the General Plan allowable 2,197 additional units, then the estimated impact to FUHSD schools would be an additional 268 students. I offer strong caution. however that the veJ;y low SGR (0.016) for hi~h-densi1;y growth comes from a limited sample of these types of developments. These developments are expensive, generally one and two bedrooms, and in multi-story buildings. An SGR of 0.016 is very low for high-density developments and would likely not be applicable to larger and more affordable units. A reasonable case could be made that a new and similar sample of dwellings in Cupertino could yield seemingly minor differences in SGR, but which could considerably increase the number of students currently projected. Similarly, a change in the SGR from a new sample could dramatically alter new fiscal impact per student. The potential for different outcomes from a different sample is plausible due to the limited number of new units of this development type. That caveat being said, City Planners, FUHSD, and our consultants are in agreement that such differences will not be significant enough to change the general conclusions about the impact to the FUHSD General Fund. 13-/2{) 4 Immediate reactions and concerns are as follows: 1. It is true rhat on average, FUHSD will net over $5,000 per student in rhe general fund. This is provides us wirh an important element of comfort in anticipating enrollment increases due to development as per rhe General plan. 2. I believe roughly half of rhe estimated growrh will fall in Cupertino High School. The school is currendy slighdy under capacity. If all else were equal, the additional burden of having 100 or more students over capacity is a concern, but rhere is no guarantee when rhat increase will impact rhe school. 3. Any projects in rhe Monta Vista attendance area give us concern at this time, as rhe school is currendy over its capacity. By comparison, we believe Homestead High School is under capacity. 4. The FUHSD Board of Trustees will not change its school boundaries to temporarily accommodate shifts in rhe number students or location of where students live. 5. Until FUHSD district completes it long-range enrollment and capacity study in February 2006, we cannot say wirh great assurance or reliability what rhe future enrollment or capacity status of our schools will be until that time. Until the completion of this study, and in light of rhe new calculations and rhe increase projects and students we must consider in terms of future impact, rhe Fremont Union High School District is in an essentially wait-and-see mode. I do not think that an increase of 268 students spread out over several years will have a likely negative impact on rhe general fund, given rhat we can reasonably predict rhat rhese new students will "pay for rhemselves". The impact of rhese students on capacity, coupled wirh likely natural demographic growrh, is anorher matter. I believe we can give you a more accurate, data-based response in February, 2006. In rhe meantime, as stated before, rhe District's position on any new residential development will be to evaluate each new development proposal based on rhe impact to rhe general fund, school capacity, and physical facility on a proposal-by-proposal basis, as well as by assessing rhe cumulative effect of new developments over the duration of the General Plan. Sincerely, Stephen R. Rowley Superintendent C: FUHSD Board of Trustees 1)-/ L/ T."",H.IISuwa.C",.Iri". To,allWomUm"ntbopo'" "ncÐllmentlmpt<UhyS< CDIIin>~I...<n'ary Eis~Dwa~lanen'ary H,doMiddl" uWSOÐMiddl. 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A'I· S7,0,", " , , , , ,Mlj1 :S~.3~}1 '" ., , , ,.(1<1) '" , IU161 ,.I'll ,,68~1 IS24.¡S51 , '" 1~.'J9) , '. ADpB<d 'C" '91.9'51 N<1C"fII"'F.tinu.. C...I......-CUSD " ,,~l.l) Nct C.p".' f..I'II'.. P"S'.d.n'C.pUII "C S'.d..' C.pl'" ·..,'....".FUK80h,llllI..C.>lI...."'-¡;µ~lf.<!nU..C."I......·f\JIIS L.\.I,OJI) I.~I , lS!.1.~J) , "<1O¡1...".,c." ,_.ct_CUSD '~.IO'II ,,61/ N.. O....U., C"," '"p," "<10"",.<1.1 Coo, Impa"~'c 8,.d.., 0....<1., C... ,..... FUHSO.co...o,AY. FUKSD-11lob.cAV ~ I2.6J6 ',I .OH , , .. .9JI '" , ApK'ßdlxC Cumulative Development Imparts c, £~, on Cupertißo Union S:hoolDi5lrict dFremoßIUßlonHighSchDolDistrirtSrhoo .'üp...".IC...h...... c"...t~¡;_"'!>E!.t.. P"S'.d.n'Op"''''1 Coo, I..p." ,",,"11.. '''uCo, <-J ~ --- \ (""'\ - BERG & BERG ENTERPRISES, me. 10050 Bundley Drive Cupertino, CA 95014-2188 (408) 725-0700 - fax (408) 715-1626 10/19/05 Mayor Patrick Kwok pkwok@cupertino.org Vice Mayor Richard Lowenthal rlowenthal @cupertino.org Council Member SandrA L. James stames@cupertino.org Council Member Dolly Sandoval sandoval@cupertino.org Council Member Kris Wang kwang@cupertino.org City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Ph 408-777-3223 .Fax 408-777-3333 pagel of I Reference: Cupertino General Plan Update Subject: Bubb Road Heigbt Limit and FAR Mayor and Council Members, We have a issue with the 30' beigbt limil that has been stated in the draft general plan for Bubb Road. We apologize for bringing this 10 your attention so lale in the process however we had just learned of the General Plan Update only hours prior to your council meeting of October ISth. Berg and Berg owns Ibree properties 10300, 10440 and 10460 Bubb Road in Cupertino and numerOUS other properties in the South Bay area. Based on our ex.perience the beight limit; which previously bad not been limited on Bubb Road, should be set at not les.~ than 60 reel whieh would allow development of two to three story buildings. As was slated by one of the Council members, many of tbe industries that once dominated the area have been relocated to foreign countries and are unlikely to return. Many of ther reorganized and new companies will be design and software development firms with fabless or limited prototype and manufacluring requiring buildings that arc primarily office in nature. I f the height limit is set at 30 reet you will be limiting the area to either single story buildings or two story buildings that have little architectural style Or functionality. As owners of multi-story buildings we know that 10 allow for mechanical equipment, screening and design clements the minimum height should be set al not less than 40 fL'et for two story and 56 reet for 3 slories. The hot topics "Building Heights" table accurately set limits of 45 to 60 feet for two to three story buildings and we agree with that. The former .~rnst and Young building is illustrative of architectural height requirements. As the Bubb road development area ages there will be will be no incentive for building owners to redevelop or improve their properties as the beight limitation will limit economic returns. It will not be economieallo rebuild as single story buildings n-/2J or as two story buildings with limited functionality and restricted architectural design that have limited appeal f..r new industrial tenants. Building owners will defer capital improvement and building redevelopment pending a clear development trend in the area resulting in potentially a blighted area that will be with you for a very long time. The Bubb road area is in transition as witnessed by the high vacancy rates and housing projects that are being considered now, this makes setting a higher building height limit of 60 feet all the more important. On the issue of FAR we acknowledge that the Planning Commission recommendations eliminated theF AR ratio in favor of the statement that "Development intensity shall be determined in conjunction with specific development review". For the record two and three story development wiD require FARs to 50% +. We appreciate your consideration of our request ror the above changes which we feel will he in the best interest of the property owners and tbe City of Cupertino. YlJ::¡'~. c.., E. B"" ~ Cc: Ciddy Wordell City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Ph 408-777-3308 3236 Fax 408-777-3333 cynthiaw@cupertino.org I)-ILl[ Message Page 1 of 14 Ciddy Wordell From: Bullock, Mike [mike.bullock@lmco.com] Sent: Wednesday, November 09, 20058:20 AM To: City Clerk Cc: Ciddy Wordell; Steve Piasecki; Cupertino City Manager's Office Subject: RE: November15th2005CouncilMeetinglnfo(Cashout) After discussion with Grace, I will try again. Mike Bullock SBIRS SEIT Space-Ground ICD SI-1005 (408) 756-6261 -----Original Message----- From: Bullock, Mike Sent: Tuesday, November 08, 2005 5:45 PM To: 'cityclerk@cupertino,org' Cc: 'CynthiaW@cupertino.org'; 'SteveP@cupertino.org'; 'manager@cupertino.org' Subject: November15th2005Cou ncilMeetinglnfo( Cashout) Mike Bullock November 15th 2005 City Council Meeting Subject: Why Cupertino Needs to Reward Cashout at Places of Employment Mayor Kwok & Members of the Council: We all agree. Cupertino's goal must be to keep our high tech companies. Events have conspired, or so it seems, over the last few years, to work against that goal. I remember the building of Valco. At that time it seemed inconceivable that Valco would ever suffer high occupancy rates. Bad outcomes can occur, even in a city as well run as Cupertino. Exiting companies can always attract talent. Retention is the problem. Talented employees want to get ahead economically, and it is difficult to do that when home ownership is out of reach and rents are high. This was true two years ago, and what has happened since then? The cost of housing in Cupertino has probably gone up another 50%. If it was bad two years ago, what is it now? But that's not all that's happened. Two years ago, buying a house in Tracy was a possibility, but is it still, with the high cost of gasoline? And these trends, which work against Cupertino, will continue. In Portland, an Intel employee can rent a very trendy apartment in a very trendy neighborhood were he can walk to a full set of destinations. He can walk or bike to a light rail station and use it to get to an emerging industrial park, where his company is located. Can we continue to compete with Portland, Austin, and all the other cities around the world that would love to attract our companies? 11/9/05 Ij-/2f Message Page 2 of 14 I see the development on the corner of Stevens Creek and De Anza as a symbol of the risk and vision that is needed, if we are to be successful. Congratulations to the Council members that approved that development. We cannot just drift and do what's easy and uncomplicated. Land has gotten very expensive. We need more housing. You can only park 140 cars on an acre of land. Laura Stuchinsky, Director, Transportation & Land Use for Silicon Valley Leadership Group emailed me: "You may be interested in another idea we are pursuing-using technology to maximize parking in smaller parcels of land. One example is automated parking lots that are in use in Europe and are slowly gaining ground in the US. These automated lots can park 2> to 3x as many cars in the same amount of land. We are planning to host a seminar on these and other "smart" parking ideas in the winter-early next year. If you're interested, I will be sure to include you on the mailing list." Well, I think that's great. Sure, the idea of "automated parking lots" suggests some sort of complicated machine, moving cars around, to park more the cars more compactly. So what happens if the machine fails? What if the next tenant doesn't want to maintain the machinery? I am not serious in raising these questions. They are similar to the concerns raised about cashout. I am sincere when I say that the city should allow its companies maximum flexibility in working to do more, while using less land. Every company needs to do a trade study of "do nothing", build a parking garage, buy an automated parking lot, or pay cashout. And if they implement a program which results in excess land, the city should give consideration to rezoning that land to a more profitable use. Car parking cashout is the best answer because the money paid goes to the employees, aiding in retention. But it requires flexibility in our off-street parking ordinances that does not currently exist. That problem needs to be fixed by implementing the cashout policy thé has evolved over the last 5 months that I have been working with you on this issue. Highest regards, Mike Bullock PS: I have pasted in my last two speeches, which I failed to get into your earlier packets, just in case you want to read them. ********************** Mike Bullock October 4th City Council Meeting Mayor Kwok & Members of the Council: I want to summarize the car parking cashout program that is being proposed for Cupertino. 13 -/ 2...10 11/9/05 Message Page 3 of 14 In the first place, it is voluntary, Only companies that want to pay cashout will adopt cashout programs. Companies that decide to pay cashout mayor may not want to reduce the size of their parking lot. If they do want to reduce the size of their parking lot, they will have to get their cashout program verified by the city. And I think it would be appropriate for the company to pay for that service. Verification will take time and work. The company's enforcement method must be reviewed. Neighbors must be consulted. The expected significant reduction in parking lot usage must be observed. After verification, the required parking is reduced. However, that would not imply an automatic right to either develop the excess land or sell off the excess land. Companies could only lease the extra parking spaces to other users, to offset their cashout payments. If they wanted to sell off the land or build on the land, they would be required to get city approvals. Here is where we have to have some trust. We must trust the judgment of future City Councils. We have to trust the judgment of property owners to not devalue their own investment. I think that a sell off of excess land, to be used for housing, is probably the most likely outcome. This would require a use agreement requiring that cashout always be paid at the level that earned the parking lot size reduction. The owner will not do this unless it is in his or her best interest. Consider the example shown on my Chart 8. In that example, the company earns $155,000/year by doing cashout. If the company was leasing, the landlord would be able to rent the property at a low enough rate so that the rent reduction would be larger than the cashout money that would be paid out. And by the way, it seems entirely reasonable for developments that develop due to cashout, be charged a fee, to support any extra concern that could arise from having cashout properties in the city. This program offers new possible choices for workers, companies, and property owners. It offers the potential of helping to solve our company's biggest problem, which is overpriced housing and retaining employees. Gas is $3/gallon, Oil is $60/barrel. Land is very expensive. The city needs to consider all methods of increasing our city's chance at achieving sustainability. LP Chapter of the Sierra Club letter: We are hopeful that the Cupertino off-street parking ordinances will become a model that we can promote in other suburban cities. ************************** Mike Bullock October 18th 2005 City Council Meeting Mayor Kwok & Members of the Council: Thank you for having your cash out discussion and preliminary vote. 13-/27 11/9/05 Message Page 4 of 14 It has been stated that, "Cash out would be an HR disaster". If true, where are th, examples of companies that have had that experience? Back in July, I placed into your packet, an article by Patrick Seigman on cashout. documents 11 cashout successes. I have not been able to find cashout failures. Pleas' go on line and see if you can find cash out failures. There may be some, but I have ne been able to find them. Perhaps the Chamber knows of such cases. Perhaps. Warning about possible problems are welcome, but cashout has been around a long time. If ther, are only success stories, we have to wonder if the fears are not being overstated. An with computers and new technology, keeping track of what cars are in a parking lot has i fact, never been easier. I have already presented you with the most negative information I have been able to fin about cashout. Patrick Siegman wrote, "To keep commuters from parking on the street i nearby neighborhoods, a residential parking permit district, to reserve the street parkin! for residents only, is sometimes essential. Fortunately, setting up an entire district - sigm permits and all - often costs less than a single new parking garage space." Now, I have not worked at a lot of companies. I have been at Lockheed Martin since 1971 However, I can't imagine our employees parking where they were instructed to not par~ Cheating at cashout is stealing and I can't imagine Lockheed employees doing that. Still, companies have different "corporate cultures", and I am sure Patick's statements ar, true. And that is really the point. All of Patrick's data is true. He reports on 11 cashOL experiences and all of them are positive. You have the published article. It is 10 years ole Cash out critics have not been able to discredit Patrick's article. Patrick was ; transportation analyst (at Stanford) when he wrote the article. He is still a transportatio analyst, locally, in private practice. Please take a moment to read the reference list of Patick's article and consider havin! more trust in the data that I have given to you. The other concern was that cashout would burden the city staff. But I don't hear the coming from the staff. Please consider trusting their judgment more. Probably they knOl that cashout has been good for cities. And they are willing to take on the adde, responsibility and craft a reasonable and conservative city policy to encourage cash out. Finally, Council member Wang voiced concern that cashout could upset the balance o' jobs and housing, established by the GP Task Force. But that would be a Counc consideration if a company were to propose a sell off or a redevelopment of exces parking lot land. Please consider having more trust in the future city councils, that woul, consider such a proposal. LP Chapter of the Sierra Club letter: We are hopeful that the Cupertino oft-street parking ordinances WI become a model that we can promote in other suburban cities. ************************* -----Original Message----- From: Bullock, Mike Sent: Tuesday, September 27, 2005 5:59 PM 11/9/05 j)-/25 Message 11/9/05 Page 5 of 14 To: 'cityclerk@cupertino.org' Cc: 'CynthiaW@cupertino.org'; 'SteveP@cupertino.org'; 'manager@cupertino.org' Su bject: October4th200SCou ncilMeeti ngInfo( Cashout) Mayor Kwok & Members of the Council: I was disappointed by the Cupertino Chamber of Commerce letter of September 20th, 2005, in which they request that parking cashout not be inciuded in the General Plan. I have great respect for Cupertino companies. Since the Chamber is their representative, it follows that I respect the Chamber's point of view. However, I truly feel Cupertino companies will benefit greatly from cashout. I therefore find myself in the unenviable position needing to provide counter arguments to the letter of a group that I hope will become supportive of cashout. In order to do this, I will refer to the text of their September 20th letter. Paraqraph 1 The Chamber of Commerce respectfully requests that "parking cash out" not be included in the General Plan. While we understand the rationale behind such a proposal, that of increasing use of public transportation, we do not believe this plan will achieve the goal, and may severely restrict use of land for subsequent lessees or purchasers. It may seem like a small point, but the purpose of cashout is to mitigate the unintended consequence of giving an economic advantage to employees that drive every day over those that do not. Since land is expensive, and an acre of land will only accommodate 140 cars, car parking necessarily either increases leases or increases capital cost of an employment facility, by a substantial amount. Either way, it reduces the wages that companies can pay, to all employees. I have stressed that parking cashout will increase transit use, bicycling, walking, and carpooling. (I should have mentioned that it will also increase the number of people working from home.) Simply put, cashout reduces single-passenger car commuting; it does not just increase transit use. The land restriction use comment is covered below, as is the comment that cashout won't achieve its goals. Paraqraph 2 Cupertino businesses already encourage employees to take public transportation via a number of strategies including free transit passes, free shuttles from major transportation hubs, formal and informal carpool programs, etc. That is a valid and very pertinent point. However, it argues for cashout (including reducing the parking requirements as a function of amount paid), not against cashout. Under the current status quo, it makes no difference how much money a company spends to reduce car commuting. They get no reduction in the amount of car parking they must provide. This is admittedly simple. But does it really seem optimum, given the high cost of land, the high cost of gasoline, the need for more housing close to work (which can be a direct result of requiring less parking), our national trade imbalance, global warming, and all the other reasons that we should reduce driving and do a better job of using our land? By the way, the cash out amount paid to an employee using some other expensive commute-related benefit, such as a free transit pass ("Ecopass"), should be reduced by the value of the benefit. Paraqraph 3 This measure, which is not used by any current Cupertino business, would allow ¡)-/2~ Message 11/9/05 Page 6 of 14 employers to provide fewer parking spaces when they offer cash payments to employees who use public transportation. The HR impact of trying to police this program would make it unworkable, as "proof' of daily public transit usage would be impossible to track. Again, it is not just "employees who use public transportation". It is employees that do not use a car to get to work. Also, It is not surprising that no current Cupertino company does cashout. To date, it is not even identified as Transportation System Management (TSM). Why should Ecopass be designated TSM but not cashout? I believe that any company is free to pay employees for not using a car to get to work. Cashout has never been illegal. In fact, my understanding is that Apple, in Cupertino, did cashout, before they adopted Ecopass. My understanding is that Apple only paid $1.50 per day. I don't think this is enough to allow a parking lot reduction, but it was still a very progressive action that I appreciate very much. 1 have no knowledge of whether or not records were kept to determine its effectiveness at reducing driving. But clearly, the most significant sentence of Paragraph 3 is, "The HR impact of trying to police this program would make it unworkable, as "proof' of daily public transit usage would be impossible to track.". Where is the evidence for this assertion? I have provided written documentation, in the form of Patrick Siegman's article, which I placed in your July meeting packet, of cashout results. A cashout program's results could not be good if the program was not being adequately "policed". My attached file's Chart 3 summarizes the results of Patrick's 11 cases of cashout. And every case was a success. How can the Chamber dismiss these resulls by saying that cashout is "unworkable"? Patrick is a reputable, local person, who was a Transportation Analyst for Stanford at the time he wrote the article. He has done local seminars on traffic calming. His article is ten years old. To my knowledge, no one has been able to discredit his findings. Finally, as my chart 10 shows, in a city that requires city verification before any reduction in required parking is allowed, only companies that are confident in their own ability to implement cash out will try cashout. The Chamber can't seem to imagine a way to efficiently implement cashout. This does not mean that there are no ways to efficiently implement cashout. Have there been cashout failures? Perhaps, but I know of none, even though I have tried to find failures. Cashout has had it critics over the years and 1 have tried to get them to give me the data upon which they base their fears. I have always failed to get any information about cashout problems. I sincerely hope that the Cupertino Chamber of Commerce will do its best to find examples of cashout programs that have not been successful, so that we can all learn from them. However, even if they find failures, it will not be difficult to design a City policy that will prevent harmful outcomes. My guess is that if the Chamber looks for failures, they will only find successes and they will therefore become cashout supporters. Paraqraph 4 There would also be a significant detriment to subsequent users of a property, for if a single business took advantage of this program to build out more parking spaces, then every subsequent business would have to provide the same benefit or tear out building space for parking. What the Chamber meant to write was something like this: There would also be a significant detriment to subsequent users of a property, for if a single business took advantage of this program to build more buildings so as to reduce the number of parking spaces, then every subsequent business would have to (3-/3D Message 11/9/05 Page 7 of 14 provide the same cashout benefit or tear out building space for parking, Charts 11 and 12 deal with this concern. By the way, tearing out buildings for parking creates a great negative image. My pointing out (at an earlier public hearing, within my 3 minute presentation) that "building a parking garage" would be a way to "reverse cashout" really isn't much better. Councilman Lowenthal had the most reasonable reaction, saying that such a company could aiways be forced to employ no more than the number of people that could be accommodated by the reduced-sized parking lot. Chart 12 shows that all of these outcomes are unlikely. The reduced rents of a cashout facility (compared to a non-cashout facility) and paying cashout will always be the best option in a City where land is as expensive as it is in Cupertino. Chart 8 shows why this is true: the rent reduction will be less than the "cost" (it is a "cost" that helps retain the employees that get the cashout money, unlike the cost of paying the full rent of a non-cashout facility) of paying cashout. The Last ParaQraph We appreciate the intent behind the program, but believe that current voluntary programs already in place are much more effective and efficient at increasing public transit ridership, and should be looked at rust before "parking cash out" would ever be considered. I appreciate lhe fact that they appreciate the intent of cashout. However, it is hard for me to see how they "believe that current voluntary programs already in place are much more effective and efficient ". The 11 cases I have presented show that cashout is extremely effective. How could the "current voluntary programs" possibly be more efficient than cash out, since there is really no chance of any money going to the companies for having them? Chart 8 shows that the hypothetical Cupertino company earns over $150,000 per year to run its cashout program. Finally, the cashout policy being advocated for the City is strictly voluntary. It is only a new choice. It will not interfere with the other programs. This is not an "either o~' choice for the City. The City can have all of the programs, including cashout, as TSM choices. However, once a Cupertino company chooses cash out and has a positive (cash flow) experience, other companies will quickly follow. We will all be beneficiaries of such an outcome. Please give this outcome a chance, by voting to include cashout in the General Plan. Sincerely and with highest regards, Mike Bullock Mike Bullock (408) 756-6261 -----Original Message----- From: Bullock, Mike Sent: Thursday, September 15, 2005 12:43 PM To: 'cityclerk@cupertino.org' Cc: 'CynthiaW@cupertino.org'; 'SteveP@cupertino,org'; 'manager@cupertino.org' Subject: September20th2005CouncilMeetinglnfo( Cashout) Mayor Kwok & Members of the Council: I am sending this the day after the September 14th meeting. I think that my primary need now is to respond to the Chamber of Commerce's cashout concerns that I think will be made on . I think I know some of what they will say. IJ -131 Message 1119/05 Page 8 of 14 The enclosed charts are the same as those I will show you on September 14th. 1.) I have added a protection for companies in case too many employees stop driving. There has to be an upper bound to how much they pay. The factor would reduce the amount that each employee gets for not driving, from the agreed-to amount. I would like to show you more detail. In any case, this change can be seen in Charts 5 & 6. An example of the factor can also be seen in Chart 8. - 2.) I have created Chart 8 to present a cash flow example of a cashout company. It has the factor to reduce the payment. The factor reduces the payment to $5 (18/20) = $4.50. Note that once the percent of employees gets beyond 1.5 times the percent of the parking lot size reduction, the amount paid to each employee becomes a dynamic value. As an example, if the percent reduction is 12% and the baseline payment was $5, then, if no employees drove to work, the employees would only get $5 (18%/100%) = 90 cents for each day they didn't drive. This protection is just as important as the provision that no reduction is done until verification is complete. 3.) I have created Charts 9 through 12 to respond to the Chamber of Commerce concerns that I expect. Thanks and highest regards, Mike Mike Bullock SBIRS SEIT Space-Ground ICD SI-I005 (408) 756-6261 -----Original Message----- From: Bullock, Mike Sent: Tuesday, August 30, 2005 11:12 AM To: 'cityclerk@cupertino.org' Cc: 'CynthiaW@cupertino.org'; 'SteveP@cupertino,org'; 'manager@cupertino.org' Subject: RE: August16thCouncilMeetinglnfo(Cashout) Subject: Sept6thCounci I Meeting I nfo( Cash out) Mayor Kwok and Members of the Council: Up until now I have been advocating three changes to the City's Parking Ordinance: 1.) A definition of cashout 2.) A schedule of parking lot sized reductions, offered to employers as a reward for cashout payments of specific levels, such as $4/day allows a parking lot size reduction of 9% $6/day allows a reduction of 12% $9/day allows a reduction of 18% /3-/52- Message Page 9 of 14 3.) A set of any legal protections needed so that the City can continue to protect neighborhoods from the intrusion of parked cars. Also, in my Council Packet Email of July 19th, I included the following paragraph regarding Item 3. Note that the primary method of protecting neighborhoods from the intrusion of parked cars, with the cashout provisions, is to not let the allowed parking lot size reductions be too large, for the corresponding amount paid. However, city staff will properly worry about the possibility that after a parking lot size reduction has resulted in some sort of redevelopment, the company (or a subsequent tenant company) then decides to not pay the cashout amount to employees, resulting in insufficient parking. In such a case, the City must be in a position to force the company to either go back to paying the cashout amount that allowed the parking lot size reduction or to spend whatever is required to put the parking lot back to its original size. However, since the meeting of August 16th, I have exchanged several very brief Emails with Councilman Lowenthal on cashout. Consequently, I would like to suggest a sentence to preface the schedule of parking lot size reductions, as follows. The following schedule of parking lot size reductions will not go into effect, for any company offering cashout, until after the expected reduction in parking lot use for that company is verified by the City. (I do not intend to imply that Councilman Lowenthal is advocating the above. I simply offer the change as a method to reduce any perceived risk to the city.) I have adjusted my charts accordingly. The changes are shown in red font. Apology: In my August 9th message and my August 16th comments, I should have said that the Planning Commission proposed Strategy 2 words mean practically nothing to me, not that they mean practically nothing. After thinking about it (always dangerous) I have realized that it may be that the wording makes cashout an official TSM strategy in the city and, if true, this would therefore make cash out more appealing to companies. Sometimes I just don't know what I just don't know. However, I still think that a willingness to reduce the size of a required parking lot is the key to encouraging cash out. Final Comment in Favor of Cashout: I have heard several Councilmembers mention a desire to give a maximum flexibility to companies that do business in Cupertino. I believe that nearly all Cupertino citizens favor this goal. Cashout offers employers another method to do business in Cupertino. They will do it if and only it it is to their benefit, which is the way it should be. I am anxious to meet with each of you to discuss cashout. Please give me a call so that we can schedule a time. I am also looking forward to your September 6th meeting. Sincerely and with highest regards, Mike Bullock Mike Bullock SBlRS SEIT Space-Ground lCD SI-1005 (408) 756-6261 (J -I J '3 11/9/05 Message Page 10 of 14 -----Original Message----- From: Bullock, Mike Sent: Monday, August 08, 2005 5:56 PM To: 'cityclerk@cupertino.org' Subject: August16thCounciIMeetinglnfo( Cashout) Mayor Kwok and Members of the Council, Thank you for allowing me to make my 3-minute presentation on July 19th I got through 6 of the 7 charts that I had prepared. I hope that I made enough sense for you to be sufficiently interested in cash out that you were able to find the time to read the items that I got into your July 19th Meeting Packet. They are the following 3 items. 1.) My Email, including my original Email to the Planning Commission, as attached below, introducing and defining cashout 2.) My 14 Cashout charts, providing rational and a summary of the best data available on what happens when employees are offered cash to not drive to work 3.) The Patrick Seigman Article on Cash out, which is fun to read and provides the references for the data in my 14 Cashout charts (Item 2.) For your August 16th meeting, the only item I have for your packet, besides this email, is a set of 7 charts. They are almost identical to the 7 charts I attempted to present at your last meeting. The presentation by êouncilmember James, where she mentioned how fast things are changing, caused me to realize that my reference to an on-site photo developing service was pretty dated, given the growing popularity of digital cameras. So I removed it. The only other change I made was to improve my recommended wording change to "Strategy 2, TSM" of the Circulation Element, by adding a sentence which makes the point that cashout will encourage walking, biking, carpools, and transit use. As I see it, there are now two cashout choices for you to consider. 1.) Accept the Strategy 2 cashout wording that was brought forward from the Planning Commission: Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks and offerinç oarking cashouts. The problem with this choice is that the words mean practically nothing. The reason that they mean practically nothing is that there is no subject to match with the verb "encourage" and the phrases "by including. . . ", "by providing. . . ", "ecouraging compressed workweeks", and the new phrase, "offering parking cashouts". It begs the question, what entity will actually do these things? A reader might assume that the City will take these actions. But that would only be an assumption. Besides, even if that were true, why would that encourage other employers to follow suit? What would be their motivation? Your second choice is to actually create a new choice for all of the employers in our city. The new choice will encourage all of the desired results. I J-l 'JGf 11/9/05 Message Page II of 14 Specifically I see the following as your best option. 2.) Recommend the Strategy 2 cashout wording: Encourage Employee Cashout Programs by amending the Cucertino Parking Ordinance (within 1 year) with 1.) a definition of emcloyee cashout. 2.) a schedule of parking lot size reductions as a function of amount paid. and 3.) legal protections to ensure sufficient parking in all cases, Note that Cashout will increase walking, biking. carpools. and transit use. Well, I have to admit that there is still no explicit subject. But there can really be no doubt that the City will take the action. Only the City can amend its Offstreet Parking Ordinance. This is where the City takes advantage of the fact that it has always done a great job of retaining dedicated and talented employees. Note finally that my attached July 11th message has a paragraph explaining the 3d item, "legal protections to ensure sufficient parking in all cases," I have one personal request. I plan to observe the entire August 16th General- Plan discussion, I am very interested in what other citizens say about the General Plan Update. Besides this, I would love to find out your feelings towards these cashout options. Therefore I would be very pleased to hear any comments you might decide to make about cashout. I certainly do not want to waste people's time if there are not at least 3 of you that might consider recommending the proposed change to the City's off-street parking ordinance. I am looking forward to August 16th. Sincerely and with highest regards, Mike Bullock Mike Bullock (408) 756-6261 -----Origlnal Message----- From: Bullock, Mike Sent: Monday, July 11, 2005 1:45 PM To: 'cityclerk@cupertino.org' Subject: July19thCouncilMeetlnglnfo(Cashout) Mayor Kwok, We met at the ABC dinner and, if I recall correctly, we briefly discussed bicycles. At that same event, my neighbor David Greenstein introduced me to Park Commissioner Rod Brown, who then introduced me to Planning Commissioner Gilbert Wong. Commissioner Wong and I discussed car parking cash out and how the city might take actions to promote the concept in the city, He asked me to send him an Email on the topic. The result is the Email attached below. The Email was distributed further. The resulting comments were supportive. I was subsequently made to understand that the Planning Commission added some cashout information and recommendation(s) into their June 28th packet [7-1)5 1119/05 Message Page 12 ofl4 for consideration and I was invited to make a presentation at that June 28th meeting. I did that and the Commission took a vote, approving whatever cash out support it was that was in their packet, to be forwarded to you. I therefore assume that you got some sort of a General Plan update recommendation regarding cashout, to be considered, starting at your July 19th meeting. I would now like to define "cashout at places of employment" and state how I would like to see Cupertino's off-street parking ordinance amended, so as to offer new choices to companies. Car Parking Cashout at Places of Employment is where an employer chooses to pay its employees a cash amount for each and every time that they get to work without driving a car. (As you might imagine, this action increases car-pooling, biking, walking, and using transit to get to work. The cashout data, that I intend to provide to you, shows that these increases are surprisingly large.) I believe that Cupertino's off street parking ordinances should be amended with 3 items, as follows. 1.) A definition of cashout 2.) A schedule of parking lot sized reductions, offered to employers as a reward for cashout payments of specific levels, such as $4/day allows a parking lot size reduction of 9% $6/day allows a reduction of 12% $9/day allows a reduction of 18% 3.) A set of any legal protections needed so that the City can continue to protect neighborhoods from the intrusion of parked cars. Note that the primary method of protecting neighborhoods from the intrusion of parked cars, with the cash out provisions, is to not let the allowed parking lot size reductions be too large, for the corresponding amount paid. However, city staff will properly worry about the possibility that after a parking lot size reduction has resulted in some sort of redevelopment, the company (or a subsequent tenant company) then decides to not pay the cashout amount to employees, resulting in insufficient parking. In such a case, the City must be in a position to force the company to either go back to paying the cashout amount that allowed the parking lot size reduction or to spend whatever is required to put the parking lot back to its original size. The Email attached below provides information regarding the Bicycle/Pedestrian Commission and that I did discuss this concept with the Director of Community Development, Steve Piasecki. Besides this Email (including the attached Email below), there are two other items that I would like to supply, in support of an informed cashout decision, as follows. 1.) The first is a set of Power Point charts, that includes some of the ideas behind cashout and, most importantly, the data showing how employees have reacted to the choice of cashout. 2.) The second is a reprint of an article by Patrick Siegman. ( ]~13 ~ 11/9/05 Message Page 13 of 14 Patrick's article is fun to read. However, its real value is in that it provides the references for the cashout data shown in the charts. I plan to drop these two items into the City's drop box tonight, for inclusion into your packet for the July 19th meeting, or perhaps a later meeting, depending on what is appropriate, in the judgment of City Clerk Kim Smith. I believe that the time is right for our City of Cupertino to offer this new choice to our employers. We have the staff that can successful create the ordinance changes. As soon as a single employer creates a successfui cashout program, and reaps clear benefits, many others will follow. Employees will appreciate their new choice. Many will chose to drive less and earn more money. Our City will become cleaner, safer, more beautiful, and generally more functional. Other cities will follow and VTA will become more successful. Eventually, our whoie nation may come to thank Cupertino for its leadership on cashout. Respectfully submitted, Mike Bullock Mike Bullock (408) 756-6261 -----Original Message----- From: Bullock, Mike Sent: Monday, June 20, 2005 6:25 PM To: 'gwong212@aol.com' Cc: 'cbpac@greenstein.com'; 'jhwalton@msn.com'; 'foulkes@apple.com' Subject: CarParkingCashout(I met you at the ABC Dinner.) Hello Commissioner Wong, I said I would Email you and so here it is. As an introduction, let me say that car-parking cashout is a better answer to the only legitimate CCC concern that I can think of, which is fear of grid locked car traffic. Nobody likes clogged traffic. I would like your commission to recommend that the City amend its car-parking ordinances, so as to give new choices to our Cupertino companies. I believe that such an amendment could be described and included in your General Plan recommendations. Let me explain. First, here's some background. Car-parking ordinances were invented to protect neighborhoods from the intrusion of parked cars. They perform that function well. But there are huge unintended consequences; among the most prominent are significant company expense, global warming, and traffic congestion. Finally, car-parking cashout at places of employment is (by my definition) where a company chooses to pay each employee an extra amount, for each and every time that the employee gets to work without driving. If the car parking ordinances were amended to offer companies the choice of adopting car-parking cash out, with a reasonabie reduction in required parking 11/9/05 {3~{T7 Message Page 14 of 14 lot size offered as a reward for doing so, then, without anv roerc.ion whatsoever, events would naturally turn for the better. More specifically, the off-street parking ordinance should be amended to first define cashout and then to set up a schedule of reductions, such as: $3/day allows a parking lot size reduction of 8% $6/day allows a reduction of 12% $9/day allows a reduction of 15% The actual numbers would have to ensure that everyone that decided to drive would have a parking place, even on the worst weather day. They would also have to reduce the number of required parking places by enough so that at ieast one company (to start) would see the potential to improve their financial condition if they adopted a cashout program. Once a Cupertino company implemented cashout successfully, others would follow. I believe that the car parking cashout case studies show that a workable schedule could easily be constructed, given the high price of land in Cupertino. However, your staff may offer many arguments as to why cashout won't work. That is their job, if they have concerns. I have exchanged Email on this topic with Ralph Qualls and I have had a meeting with Steve Piasecki. I believe that there are good answers to all of their objections. We need to have an open discussion. Then your commission can decide. The CCC ordinances amount to more government regulation. Car parking cash out programs being recognized in the off-street parking ordinances would offer a new set of choices for companies. They would also offer new choices for the lucky employees that worked for one of the pioneer companies that decided to offer cashout. Those employees could continue to drive every day and earn no extra money. On the other hand, they could choose to car pool, bike, walk, or take transit and be rewarded by getting some extra money. The case study results are very impressive. I would like to show you the car parking data that I have. I should also mention that several years ago, the Cupertino Bike-Ped Committee (this was shortly before they became a commission) voted to endorse the concept of amending Cupertino's off-street ordinances to recognize and reward cash out. Because of this, I have decided to CC Joe and David. I have also included Michael Foulkes, because I believe that Apple actually had a cashout program at one time and I am hoping that Michael will join the discussion and become an advocate for the new car-parking ordinance provisions. I hope you don't mind my including these others. (I also hope that David can document the Bike-Ped Committee vote, if needed.) Let me know when we could talk. Home: 996-7563. Work: 756-6261. If you think it would matter, I would be willing to make a presentation tomorrow at your Planning Commission meeting. I am going out of town Thursday, but I could be available on Monday evening, if that works. It was great to meel you at the ABC dinner. Cheers, Mike Bullock 11/9/05 1]-/3J Kiersa Witt To: Subject: Steve Piasecki RE: Planning Commission Public Hearing - Comments from Rudy Saici -----Original Message----- From: Rudy Salei [mailto:rudytoot@comcast.net] Sent: Wednesday, October 19, 2005 8:05 PM To: City of Cupertino Planning Dept. Subject; Planning-Commission Public Hearing - Comments from Rudy Salei Please note that I will be unable to attend your meeting on Nov 1, 2005 at 6:45 PM at the Cupertino Community Hall. As a 30 year resident of Cupertino I completely disagree with the City's plans to continue building "Pigeon COOpS'1 like the ones at the Cali Center. We DO NOT need any more high density dwellings and the City must refrain from leaning backwards to help developers whose only goal is to make money and then get out of Cupertino. We cannot afford to dilute the school system with large numbers of new students. ..remember that Cupertino is renowned for their schools. The Cupertino Courier keeps printing articles about burglaries and méth crimes, something that did not exist before the City's frenzy to allow high density dwellings in this small town. My vote is a resounding NO to allow Sobrato to build another monstrosity. Rudy Salci Cupertino, CA 95014 1 13 - 131