CC 12-06-2022
#7
Community Development
Department Update
Presentation
Luke Connolly, Acting Director of Community Development December 06, 2022
Community Development Department
CC 12-06-2022 Item No. 7
CDD at a Glance
● Housing Division
o City Affordable Housing Programs, CDBG
● Planning Division
o General Plan, Zoning, Discretionary Permits, CEQA
● Building Division
o Permits, Plan checks, Field Inspections.
o Focus on Bldg Code compliance safety, accessibility
● Code Enforcement
Organization Chart
● Housing & Human Services
Grants (HSG) Program
● Applications open:
Nov ‘22 – Feb ‘23
● Below Market Rate (BMR)
Housing Program
● 142 rental units
● 121 ownership units
● 2023 BMR Waitlist
● 899 households added
● 125 Workshop attendees
Housing
Housing (Contd.)
● Housing Commission
● City Work Program
items
● Support for the
Unhoused
● De Anza Student
Housing Program
● Homeless Jobs
Program
● Special Projects
● Homelessness
● Rotating Safe Car
Park Program
Source: Mercury News (Nhat V. Meyer/Bay
Area News Group)
PlanningPlanning
● Long-range Planning focuses on
policies to realize City goals.
● Current planning focuses on
reviewing projects for consistency
with those goals.
● Long-range Planning focuses on
policies to realize City goals.
● Current planning focuses on
reviewing projects for consistency
with those goals.
● Public Counter Service
● Development and Use
Permits
● Long Range (Policy & City
Work Program)
● Building Permit review
● Business Licenses
● Internal Collaboration:
● Building
● Code Enforcement,
● Public Works
● Economic Dev.
Planning
● Planning Commission
● Committees:
● Environmental Review Committee
● Design Review Committee
● Community Engagement Plan – Strategic
Advisory Committee (Housing Element)
● Administrative Hearings
Planning (contd.)
Building
● Inspections: 10,425
● Bldg Permits created: 2,199
● Bldg Permits Issued: 1,987
● Plan Reviews (Planning/Building
Divisions) Completed: 2,708
* All figures for calendar year 2022
• Insert
Building-
level plans
to indicate
higher level
of detail
over
schematic
Planning
documents
Building
Code Enforcement Division
Code Enforcement
Code Enforcement Division (cont.)
● Respond to residents’ concerns
● Prioritize health & safety, quality of life issues
● Elimination/correction of blighted conditions
● Property maintenance consistent with property
values and Neighborhood character
● Address issues within neighborhoods that may be in
transition or in distress
● Comply with Federal, State and local laws
CC 12-06-2022
#13
Small Wireless Facilities
Presentation
STUDY SESSION
12/6/2022
SMALL WIRELESS FACILITIES
DRAFT ORDINANCE REVIEW
CC 12-06-2022 Item No. 13
Objectives
● Provide Direction on whether to proceed with
preparing an Ordinance and Regulations
● Provide Input On the Draft Ordinance & Draft
Regulations
● Staff Will Make Revisions (Subject to Legal Review)
● Bring Final Ordinance and Regulations for
Consideration in Future
Agenda
● What Cities Can and Can’t Do
● Discuss Efforts Undertaken by City
● Discuss Updated Preference List
● Draft Ordinance – What is Does
● Draft Regulations – What is New
Background
● Citites Can
Regulate Aesthetic
Appearances
● Cupertino Focused
on Outreach
● Draft Ordinance
strengthens City’s
process
Laws and Regulations
● Authority to Regulate Aesthetics and
Manage Public Right of Way
● Regulation Must Not Be Based on Health
Concerns
● Regulation Must Not “Materially Inhibit”
Wireless Service
● “Shot Clocks” for Application Review
● FCC 2018 Order:
https://docs.fcc.gov/public/attachments/F
CC-18-133A1.pdf
Prior Information
● Previous study sessions
● May 16, 2017
● May 15, 2018
● July 16, 2019
● May 5, 2020
● September 15, 2020
● April 20, 2021
● Council recommended
consideration of ordinance
● www.cupertino.org/5G
What Cupertino Has Done
Outreach
● Mailed Notifications
Property owners notified of installations
● Response to Community Inquiries
Inquiries heard, logged, & responded to
● Door Hangers
Placed prior to construction activities
● Cupertino.org
https://www.cupertino.org/5G
What Cupertino Has Done
Aesthetics
● Aesthetic Standards within City’s Jurisdiction
● Uniform Design Standard was Established
Spacing Requirements
● Created to Ensure no Monopoly of Services
● Currently 500-feet => Consider 750-feet
Site Preference Guidelines
● Preference for Commercial over Residential
● Consider Expanding for Clarity and Aesthetics
Current Preferred Siting Guidelines
● Category 1 – Preferred Locations
● Non-Residential
● Category 2 – Less Preferred Locations
● Residential
● Category 3 – Least Preferred Locations
● Close proximity to occupied
structures, schools, playgrounds.
● Prohibited if can be located in
Categories 1 & 2 and meet needs.
Proposed Installation Preferences
1 - Preferred Locations:
Mixed use and Non-Residential
2 - Residential along Arterial or Main streets
3 - Residential along Collector streets
4 - Other Residential Locations
5 - Within 100-feet of a School or State
Designated Protected Properties
6 - Installations on Wooden Poles
7 - Least Preferred Installations:
Strand Mounted Equipment
Tier 6 –
Wooden Utility Poles
Tier 7 –
Strand Mounted
Equipment
Draft Ordinance
● Requires a Permit
● Adopts Regulations to Implement Ordinance
● Requires Notification within 300’
● Authorizes establishment of Fee
● Provides for Resident Appeals to City Manager
● Provisions for Revocation/Removal of Facilities
Draft Regulations
● Establishes Requirements, including RF
Compliance and Testing
● Encourages Pre-submittal Community
Meetings
● Authorizes Peer Reviews
● Includes Standard Conditions of Approval
● Establishes Preference Tiers
● Includes Detailed Design Standards
● Establishes 750-foot minimum between facilities
from same carrier
Next Steps
● Provide Direction on whether to proceed with
preparing an Ordinance and Regulations
● Provide Input On the Draft Ordinance & Draft
Regulations
● Staff Will Make Revisions (Subject to Legal Review)
● Bring Final Ordinance and Regulations for
Consideration in Future
Questions?
Public Notification Radius
Cupertino - 300’ Radius
Campbell - 300’ Radius
Los Altos - 500’ Radius
Los Gatos - 300’ Radius
Mountain View - 300’ Radius
Palo Alto - 600’ Radius
San Jose - 250’ Radius
Sunnyvale - 300’ Radius
Public Commenting Period
Cupertino - 21 Days
Campbell - 14 Days
Los Altos - 10 Days
Los Gatos - 20 Days
Mountain View - 7 Days
Palo Alto - 14 Days
San Jose - 20 Days
Sunnyvale - 14 Days
Federal RF Exposure Standards
Spectrum Exhibit
CC 12-06-2022
#14
Marina Plaza
Development
Presentation
December 6, 2022
Marina Development
10145 N. De Anza Blvd, 10118
Bandley Dr.,
CC 12-06-2022 Item No. 14
Subject
Consider approval of a proposed development that will
include approximately 41,268 sq. ft. of commercial space and 206 residential condominium units.
Applications
● Addendum to a Mitigated Negative
Declaration & Development Permit (DP-
2022-001);
● Architectural and Site Approval Permit
(ASA-2022-002);
● Vesting Tentative Map (TM-2022-003); and
● Tree Removal Permit (TR-2022-026).
Project Location ● Mix of uses
● Heart of the
City Specific
Plan Special
Area
● North
Crossroads
Node
Priority Housing Site
● Priority Housing Site in General
Plan/Housing Element
● Allocated 200 units based on ‘Realistic
Capacity’, 85% of maximum capacity
● SB 330 application
Project Data
● Three residential/commercial buildings:
● One-level, below-ground garage under each building with 419 parking spaces.
● 188 onsite and offsite tree replacements, for the 92 protected development trees proposed to be removed and/or relocated. ● A vesting tentative map that would merge the two properties into a single parcel.
No. Of Story Total condo
units
Ground floor
retail space
Building A 5 56 9347
Building B 4 86 22802
Building C 5 64 9440
Building ABuilding B
Building C
Alves Dr.
N. De
Anza
Blvd.
Stevens Creek Blvd.
Bandley
Dr.
Prior Approval
September 9, 2016, the City Council approved a new mixed- use development within three buildings including:
● 188 apartments
● Approximately 22,600 square feet of commercial space
● 122-room hotel
● Five-year DA, and project approval (September 20, 2016 and expired on September 20, 2021)
Prior Approval
Approved Proposed
Commercial 22,600 s.f. 41,589 s.f.
Hotel 122 Rooms -
Residences 188 Apartments 206 Condominiums
BMR Units
16 Very Low-Income
Units
36 units (18 Median-Income
Units;
18 Moderate-Income)
Building
Height
45 feet 44 – 58.5 feet
Building Area 389,019 s.f. 570,572 s.f.
Density Bonus and Waiver
Requests (CMC 19.56)
● Density bonus for median-income units selected.
● Applicant entitled to Density Bonus (15%) allowed by State Law (27 units) in addition to the base density of 179 units, or 206 units.
Number of Below Market
Rate Units
Percentage of
Development Units
Moderate
Income
18 units (50% of affordable
units) 10%
Median
Income
18 units (50% of affordable
units) 10%
Density Bonus and Waiver
Requests (CMC 19.56)
Applicant may request waivers or reduction of
development standards that will have effect of
physically precluding construction of a density bonus
development.
Density Bonus and Waiver
Requests (CMC 19.56) – Height of
Structures
Allowed/Required Proposed
Height of Structures
Up to 45 feet
Building A – 58 feet 6-
inches at the roofline
(Waiver Requested)
Building B– 44 feet
Building C – 55 feet at
the roofline
(Waiver Requested)
Density Bonus and Waiver
Requests (CMC 19.56) - Height of
Structures
Density Bonus and Waiver
Requests (CMC 19.56) – Side
Setback
Allowed/Required Proposed
Side (Minimum
One-half (1/2) the
height of the
Building or ten (10)
feet, whichever is
greater)
Building A - 28 feet 6-
inches required
Building A – 10 feet
(Waiver Requested)
Building B – 22 feet
required Building B– 102 feet
Building C - 27 feet 6-
inches required Building C – 22 feet 6-
inches
(Waiver Requested)
Density Bonus and Waiver Requests
(CMC 19.56) – Side Setback
A
Density Bonus and Waiver
Requests (CMC 19.56) – Residential
Common Open Space
Allowed/Required Proposed
Residential (150
s.f. per unit) 30,900 s.f. 30,266 s.f.
(Waiver Requested)
Commercial
(Retail) (2.5% of
gross floor area
of buildings ≥
20,000 sq. ft., or
restaurants ≥
10,000 sq. ft.)
1,040 s.f. 13,275 s.f.
Density Bonus and Waiver
Requests (CMC 19.56) –
Justification
● Height Waiver: 30 units would be lost if the 45-foot height limit were enforced, including entire fourth floors of Buildings A and C.
● Side Setback Waiver: Lose approximately eight units per floor in Buildings A and C, for an overall combined total of at least 30 units.
● Common Open Space: Remove a total of five (5) units
(150 s.f. * 5 = 750 s.f.) from the project (Bldg. A– 3 units, Bldg. B - 2 units, and Bldg. C - 1 unit)
Findings Required for Denial of a Waiver
or an Incentive/Concession
● That the waiver or incentive/concession would have an adverse impact on real property listed in the California Register of Historic Resources; or
● That the waiver or incentive/concession would have a
specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low- and moderate-income households; or
● That the waiver or incentive/concession is contrary to state or federal law.
Unit Comparability
Average
Bedroom Count
Average
Gross Area
Overall Market Rate
Units
2.4 bedrooms 1,304 sq.ft.
Moderate Income BMR
Units
2.4 bedrooms 1,307 sq.ft.
Median Income BMR
Units
2.4 bedrooms 1,301 sq.ft.
Parking Analysis
The City’s Density Bonus Ordinance, in compliance with State Law, allows density bonus projects option to use alternate parking standards for all residential units:
Building Use
Parking Standards per
Density Bonus Law (65915
(p))
# of
Units or
S.f.
Required
Spaces
Provided
Spaces
Residential Condos
One-bedroom units = 1
onsite space/unit 99
338
Two- and three-bedroom
units = 1.5 onsite
spaces/unit
197 296
4+ bedroom units = 2.5
spaces/unit 00
Sub-total 206 305 338
Retail 1 space per 250 s.f. 41,589
s.f. 166 269
Total 471 607
Tree Removal and Replacement
● Replace 92 removed trees with 188 trees (140 on-site and 48 off site). Of those trees, 39 will be 24” Box Crape
Myrtle.
Protected Trees
Removed
Sizes Required Replacements
24-inch
box
36-inch
box or
more
62 Up to 12
inches*
One 24"
box tree
63 30 Over 12 inches
and up to 36
inches
Two 24"
box trees
or One 36"
box tree
57 20
Totals 122 (24-
inch box)
120 20
Vesting Tentative Map
Vesting Tentative Map (VTM) merges two separate lots to create one 5.1-acre parcel.
● The consolidated parcel will include a condominium
map for the 206 condominiums.
● A condition of approval has been added to the VTM
that would require dedication of reciprocal easements
ensuring cross access between the parcels, for
emergency vehicles and public.
Architectural Design
Architectural Design
Architectural Design
Environmental Review
● On September 6, 2016, the City of Cupertino adopted
the Initial Study and Mitigated Negative Declaration
(2016 MND).
● City consultant completed an addendum to 2016 MND
in accordance with CEQA Guidelines section 15164.
● Construction and operation of the modified project
would not result in any new impacts or increase the
severity of previously identified significant impacts
analyzed in the Adopted MND.
Housing Accountability Act
● Limits ability of a city to deny or impose certain conditions on a housing development project when project complies
with applicable, objective general plan, zoning, and
subdivision standards and criteria.
● This project is a “housing development project” under HAA because it is a mixed-use development consisting of
residential and nonresidential uses with at least two-thirds of square footage designated for residential use.
● Project is either consistent with City’s objective standards or has applied for waivers and/or incentives/concessions
under Density Bonus Law.
Housing Accountability Act
May disprove project if:
● The project would have a specific, adverse impact upon the public health or safety unless the project is
disapproved or approved upon the condition that the
project be developed at a lower density; and
● No feasible method to satisfactorily mitigate or avoid the adverse impact exists.
Outreach
Applicant outreach efforts:
● January 7, 2022 – meeting with the sister City
delegations. Eight guests attended.
● April 2 & 13, 2022 – residential and commercial/office property owners within 2,000 feet of the site invited to the Aloft Hotel. 18 members of the public attended.
● October 5 & 8, 2022 – residential and commercial
property owners within 2,000 feet of the site invited to the Aloft Hotel. 23 members of the public attended.
Planning Commission – 11/10/22
● Recommended (5-0) that City Council adopt the first
amendment to the mitigated negative declaration and
adopt resolutions
● Added Conditions
● Present to City Council a landscape palette that utilizes native trees, shrubs, and/or ground cover.
● Amend Condition 21 memorializing applicant’s proposal for the community room located on the ground floor of
Building B to be open to 501(c)(3) organizations registered in the City of Cupertino.
● Prior to issuance of Building Permits, applicant shall implement best practices to manage indoor air pollution ● Consider applying for a General Plan amendment to allow an added floor on Building B to allow for additional
affordable units.
Conclusion
Staff recommends approval of the project because the
project and conditions of approval addressed concerns
related to the proposed development and all of the findings for approval of the proposed project, consistent with
Chapters 14.18, 18.28, 19.56, 19.156, and 19.168 of the Cupertino Municipal Code, could be made. Concerning the development’s height, side setback, and common open
space waivers, evidence in the record demonstrated that the project met the standards for granting the waivers under the State Density Bonus Law.
Next Steps
The City Council’s decision will be final
unless reconsidered within 10 days of
the decision. The applicant may apply
for building permits at that time.