Land Use Element
GOAL LU‐1
Create a balanced community with a mix of land uses that supports thriving businesses, all modes of transportation, complete neighborhoods, and a healthy community.
LU‐1.2.1: Planning Area AllocationsPOLICY LU‐1.2: NON‐RESIDENTIAL DEVELOPMENT ALLOCATION.
The City shall maintain non‐residential dDevelopment allocations, which are assigned for by various Planning Areas. However, sSome flexibility may be allowed for transferring non‐residential allocations among between Planning Areas provided that no significant environmental impacts are identified beyond those already studied in the Environmental Impact Report (EIR) for Community Vision 2040.
STRATEGIES:
LU‐1.2.1: Planning Area Allocations. Maintain and update the non‐residential development allocation table (Table LU‐1) to ensure that the allocations for various land uses adequately meet Ccity goals for economic vitality, financial stability, and placemaking.
LU‐1.2.2: Major Employers. Reserve an office development allocation for major companies with sales offices and corporate headquarters in Cupertino. Prioritize expansion of office space for existing major companies. New office development must demonstrate that the development positively contributes to the fiscal well‐being of the city.
LU‐1.2.3: Unused Non‐Residential Development Allocation. Unused non‐residential development allocations may be re‐assigned to the citywide allocation table per Planning Area, when development agreements and development permits expire.
LU‐1.2.4: Neighborhood Allocation. Allocate residential units in neighborhoods through the building permit process unless subdivision or development applications are required.
Table LU‐1: Citywide Non ‐Residential Development Allocation Between 2014‐2040
commercial (s.f.) office (s.f.) hotel (rooms) residential (units) current
built
(Oct
7,2014)
build
out
availa
ble
current
built
(Oct
7,2014)
buildou
t
availa
ble
current
built
(Oct
7,2014)
build
out
availa
ble
current
built
(Oct
7,2014)
build
out
availa
ble
Hear
t of
the
1,351,73
0 214,50
0 793,270 2,447,50
0 2,464,61
3 17,113 404 526 122 1,336 1,805 469
City
Vallco
Shoppin
g
District**
1,207,77
4 1,207,77
4 ‐
‐
‐
‐
148
339
191
‐
389
389
Homeste
ad
291,40
8 291,40
8 ‐ 69,550 69,550 ‐ 126 281* 155 600 750 150
N. De
Anza
56,708 56,708 ‐ 2,081,02
1 2,081,02
1 ‐ 126 126 ‐ 49 146 97
N. Vallco 133,14
7 133,14
7 ‐ 3,069,67
6 3,069,67
6 ‐ 123 308 185 554 1,154 600
S. De
Anza
352,28
3 352,28
3 ‐ 130,70
8 130,708 ‐ 315 315 ‐ 6 6 ‐
Bubb ‐ ‐ ‐ 444,75
3 444,753 ‐ ‐ ‐ ‐ ‐ ‐ ‐
Monta
Vista
Village
94,051 99,698 5,647 443,14
0 456,735 13,595 ‐ ‐ ‐ 828 878 50
Other 144,96
4 144,96
4 ‐ 119,89
6 119,896 ‐ ‐ ‐ ‐ 18,039 18,166 127
Major
Emplo
yers
‐ ‐ ‐ 109,93
5 633,053 523,11
8 ‐ ‐ ‐ ‐ ‐ ‐
Citywid
e
3,632,06
5 4,430,98
2 798,917 8,916,17
9 9,470,00
5 553,82
6 1,116 1,769 653 21,412 23,294 1,88
2 POLICY LU‐1.3: LAND USE IN ALL CITYWIDE MIXED‐USE DISTRICTS Encourage land uses that support the activity and character of mixed‐use districts and economic goals.
STRATEGIES:
LU‐1.3.1: Commercial and Residential Uses. Review the placement of commercial and residential uses based on the following criteria:
1. All mixed‐use areas with commercial zoning will require retail as a substantial component. The North De Anza Special Area is an exception.
2. All mixed‐use residential projects should be designed onshall comply with the “mixed ‐use village” concept discussed earlier later in this Element.
3. On sites with a mixed‐use residential designation, residential densities are established in Figure LU‐2 with specifics inby the land use map, where required, with land use designations defined in Appendix Ais a permitted use only on Housing Element sites and in the Monta Vista Village Special Area.
4. Conditional use permits will be required on mixed‐use Housing Element sites that
propose units above the allocation in the Housing Element, and on non‐Housing Element mixed‐use sites.100% residential development is allowed on mixed‐use sites, if at least 40% of the total units are affordable, including at least 20% of the total units affordable to lower income households.
Figure LU‐2: Community Form Diagram
Edits at end of Exhibit GPA‐1.1
Mixed‐Use Urban Villages
Many of the City’s Priority Housing Element sSites are located alongin major corridors to reduce traffic and environmental impacts and preserve neighborhoods (Figure LU‐2).
Priority Housing Element sSites, which are further identified and defined in the Housing Element, represent the City’s priority for residential development. Residential uses on sites with mixed‐use zoning shall should be designed oncomply with the “mixed‐use village” concept discussed below.
4. Uses. Include a substantial viable, retail component.Uses shall be consistent with the underlying land use district as defined by Land Use Definitions (Appendix A). Retail and active uses such as restaurants, outdoor dining, and features like entries are required along the ground floor of main street frontages, and such uses are optional on the ground floor of residential buildings within the Regional Shopping/Residential designation.
Live/work units shall be oriented with active commercial, or office uses along the street frontage with the residential component of the unit located behind or above the commercial or office space. Developments are encouraged to provide aM mix of unit types for households of varying income levels and household types, including, but not limited to, young professionals, couples, families, and/or active seniors who like to liveto allow housing choices in an active “mixed‐use village” environment. Office uses, if allowed, should must provide active uses on the ground floor street frontage, including restaurants, cafes, entries, lobbies, etc.
Neighborhood Commercial Centers
Neighborhood Commercial Centers serve adjacent neighborhoods and provide shopping and gathering places for residents…Housing Element sites represent the City’s priority for residential development. Residential uses should beshall comply with designed on the “mixed‐use village” concept discussed in this Element.
GOAL LU‐3
Ensure that project site planning and building design enhance the public realm through a high sense of identity and connectivity.
POLICY LU‐3.3: BUILDING DESIGN
Ensure that building layouts and design are compatible with the surrounding environment and enhance the streetscape and pedestrian activity.
STRATEGIES:
Strategy LU‐3.3.4: Compatibility. Ensure that the floor area ratios of multi‐family residential developments are compatible with buildings in the surrounding area. Include a mix of unit types and avoid excessively large units.
LU‐3.3.45: Building Location. Encourage building location and entries closer to the street while meeting appropriate landscaping and setback requirements.
LU‐3.3.56: Architecture and Articulation. Promote high‐quality architecture, appropriate building articulation and use of special materials and architectural detailing to enhance visual interest.
LU‐3.3.67: Street Interface. Ensure that development enhances pedestrian activity by providing active uses within mixed‐use areas and appropriate design features within residential areas along a majority of the building frontage facing the street. Mixed‐use development should include retail, restaurant, outdoor dining, main entries, etc.
Residential development should include main entrances, lobbies, front stoops and porches, open space, and other similar features.
LU‐3.3.78. Drive‐up Services. Allow drive‐up service facilities only when adequate circulation, parking, noise control, architectural features, and landscaping are compatible with the expectations of the Planning Area, and when residential areas are visually buffered. Prohibit drive‐ up services in areas where they conflict with pedestrian oriented activity and design are highly encouraged, such as Heart of the City, North De Anza Boulevard, Monta Vista Village, and neighborhood centers.
LU‐3.3.89: Specific and Conceptual Plans. Maintain and update Specific/ Conceptual plans and design guidelines for Special Areas such as Heart of the City, Crossroads, Homestead Corridor, Vallco Shopping District, North and South De Anza corridors, and Monta Vista Village.
LU‐3.3.910: Entrances. In multi‐family projects where residential uses may front on streets, require pedestrian‐scaled elements such as entries, stoops, and porches along the street.
LU‐3.3.101: Multiple‐Story Buildings Taller Than 30 Feet and in Residential DistrictsNeighborhoods. Allow construction of multiple‐story buildingsbuildings taller than 30 feet in Neighborhoods only if the buildings abut an arterial or major collector or
if allowed by State law. it is found that nearby residential districts will not suffer from privacy intrusion or be overwhelmed by the scale of a building or group of buildings.
POLICY LU‐3.5: LIGHT POLLUTION
Reduce light pollution and other adverse effects associated with night lighting from streets and urban uses.
STRATEGIES:
LU‐3.5.1: Dark Sky Ordinance. Maintain Glass and Lighting Standards in the City’s Municipal Code and require new development and other applicable projects to comply with the adopted ordinance standards, which provide Dark Sky regulations to reduce light pollution.
POLICY LU‐3.6: BIRD SAFETY
Enhance bird safety and reduce bird mortality from windows, other glass features, and certain lighting elements that are known to increase the risk of bird collisions.
STRATEGIES:
LU‐3.6.2: Bird Safe Design Ordinance. Maintain Glass and Lighting Standards in the City’s Municipal Code and require new development and other applicable projects to comply with the adopted ordinance standards, which provide Bird Safe Design regulations to reduce the potential risk of bird collisions.
GOAL LU‐4
Promote the unique character of planning areas and the goals for community character, connectivity, and complete streets in streetscape design.
POLICY LU‐4.1: STREET AND SIDEWALKS
Ensure that the design of streets, sidewalks, and pedestrian and bicycle amenities are consistent with the vision for each Planning Area and Complete Streets policies.
STRATEGIES:
LU‐4.1.1. Streetscape Improvements. Retain, and require implementation of sidewalk and streetscape design standards established in any approved Specific Plan, Concept Plan, Zoning, or other area plans.
GOAL LU‐8
Maintain a fiscally sustainable city government that preserves and enhances the quality of life for its residents, workers, and visitors.
POLICY LU‐8.3: INCENTIVES FOR REINVESTMENT
Provide incentives for reinvestment in existing, older commercial areas.
STRATEGIES:
LU‐8.3.3. Infrastructure and Streetscape Improvements. Consider Improve infrastructure and streetscape improvements in areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian‐oriented area that meets community design goals.
GOAL LU‐12
Preserve and protect the City’s hillside natural habitat and aesthetic values.
POLICY LU‐12.5: DEVELOPMENT IN THE COUNTY JURISDICTION
Development in the County, particularly if located near Cupertino’s hillsides and urban fringe area, should consider the goals and policies in Community Vision 2040.
STRATEGIES:
LU‐12.5.1. County Development. Require Ddevelopment in these areas should be compatibleto comply with Cupertino’s hillside policies of low‐intensity residential, agricultural or open space uses, and to preserve. Preservation of the natural environment through, clustering development sites to minimize impact and dedication of open space are encouraged. Visual impacts, access, traffic and other impacts, and service demands should shall be assessed in consultation with Cupertino’s goals and policies.
PLANNING AREA GOALS AND POLICIES
As outlined in the Planning Areas chapter, Community Vision 2040 organizes the city into 21 distinct Planning Areas, divided into two categories: (1) Special Areas that are expected to transition over the life of the General Plan and (2) Neighborhoods where future changes are expected to be minimal. The following goals, policies, and strategies are specific to the Planning Areas and provide guidance for future change in accordance with the community vision. Figure LU‐2 shows maximum heights and residential densities allowed in each Special Area. Certain sites may be allowed a different maximum height or maximum, and minimum, density as identified in Resolution 24‐XXXX.
GOAL LU‐16
Maintain a mixed‐use and civic district that will enhance community identity and activity, and support the crossroads subarea.
POLICY LU‐16.1: CITY CENTER NODE.
Establish Maintain the City Center Node as a moderately‐scaled, medium‐density mixed‐ use office, hotel, retail and residential area, with an integrated network of streets and open space.
GOAL LU‐19
Create a distinct and memorable mixed‐use ʺtown centerʺ that is a regional destination and a focal point for the community.
POLICY LU‐19.1: ALLOWED LAND USES
The following uses are allowed in the Vallco Shopping District Special Area (see Figure LU‐2 for residential densities and criteria and Figure LU‐4 for location of allowable land uses):
1. Residential: Permit residential and ground floor commercial development within the portion of the site designated for Regional Shopping/Residential uses in advance of creating a specific plan, at a maximum density of 35 dwelling units per acre and a minimum density of 29.7 dwelling units per acre by right, with maximum heights as shown in Figure LU‐2. Limited ground floor commercial uses are permitted, but not required, in connection with residential development in the Regional Shopping/Residential portion of the Special Area. Residential uses are permitted within the portion of the sites designated for Residential – High/Very High Density uses, at a maximum density of 65 dwelling units per acre and a minimum density of 50.01 dwelling units per acre, with a maximum height of 70 feet.
Figure LU‐4: Vallco Shopping District Allowable Uses
Edits at end of Exhibit GPA‐1.1
GOAL LU‐20
Support a sustainable campus‐like environment that is served by a mix of pedestrian‐ oriented retail and commercial uses in a walkable and bikeable environment.
POLICY LU‐20.2. STREETSCAPE AND CONNECTIVITY.
Future roadway improvements on Wolfe Road, Homestead Road and Tantau Avenue should shall be coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters and street furniture. The campus site should shall continue to provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area.
GOAL LU‐25
Retain and enhance Monta Vista Villageʹs small townvillage‐like character as a pedestrian oriented, small scale, mixed‐use residential, neighborhood commercial and industrial area.
POLICY LU‐ 25.2. LAND USE.
Encourage Require the commercial district to serve as a neighborhood commercial center for Monta Vista Village and its adjoining neighborhoods. Mixed‐use with residential is encouraged. The industrial area should be retained to provide small‐scale light industrial and service industrial opportunities, while remaining compatible with the surrounding residential and commercial uses. See General Plan Figure LU‐ 2 for residential densities and criteria.
GOAL LU‐26
Retain commercial areas adjacent to neighborhoo
ds and retrofit or encourage
redevelopment as neighborhood centers in a pedestrian‐oriented and bike‐friendly environment.
POLICY LU‐26.2: BUILDING AND SITE DESIGN (FOR OTHER NON‐ RESIDENTIAL/MIXED‐USE SPECIAL AREAS)
Encourage Require buildings to be designed in a pedestrian‐oriented format. Buildings should shall be located along the street with pedestrian‐scale architecture and retail and active uses on the ground floor. Parking should shall be located to the sides or rear of buildings. Buildings may be one to two stories in height. In some instances where taller hHeights are as allowed, buildings may be three stories in height, unless otherwise specified by Figure LU‐2 and/or the Land Use Map, with one to two story heights preferred closest to lower density residential uses.
GOAL LU‐27
Preserve neighborhood character and enhance connectivity to nearby services to create complete neighborhoods.
POLICY LU‐27.6: MULTI‐FAMILY RESIDENTIAL DESIGN
Maintain an attractive, livable environment for multi‐family dwellings.
LU‐27.6.2: Ordinance Updates. Update the Planned Development (residential) and R‐3 ordinances to achieve the policies and strategies applicable to multi‐family development in neighborhoods.
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85 85
SARATOGA
SUNNYVALE
SANTA CLARA
STEVENS CREEK BLVD
WOLFE RD
DE ANZA BLVD
DE ANZA BLVD
HOMESTEAD RD
Maximum Residential Density
20 units per acre
Bubb Road Special Area
Maximum Height
45 feet
Vallco Shopping District Special Area
Regional Shopping/Residential
Maximum Residential Density
35 units per acre in areas
identified in Figure LU-4
Minimum Residential Density
29.7 units per acre in areas
identified in Figure LU-4
Maximum Height*
Up to 60 feet
Regional Shopping
Maximum Residential Density
N/A - residential is not a
permitted use
Maximum Height*
Up to 60 feet
Residential – High/Very High
Maximum Residential Density*
65 units per acre in areas
Maximum Height*
Up to 70 feet
Homestead Special Area
Maximum Residential Density*
15 units per acre (two parcels at
southeast corner of Homestead
Road and Blaney Avenue)
All other areas - Maximum density
as indicated in the General Plan
Land Use Map or 35 units per acre
where none indicated.
Maximum Height*
30 feet, or 45 feet (south side
between De Anza and Stelling)
North Vallco Park Special Area
Maximum Residential Density*
25 units per acre, or as indicated
in North Vallco Gateway
Maximum Height*
60 feet
Maximum Residential Density*
South Vallco - 35 units per acre
All other areas - Maximum density
as indicated in each subarea the
Heart of the City Land Use Map and,
if none indicated, 25 units per acre
Heart of the City Special Area
Maximum Height*
45 feet, or 30 feet where
designated by hatched line
Maximum Residential Density*
Maximum density is25 units per acre
North De Anza Special Area
Maximum Height*
45 feet
Maximum Residential Density*
North of Bollinger Rd. - maximum
density is 25 units per acre
South of HWY 85 - maximum
residential is 5-15 units per acre
South De Anza Special Area
Maximum Height*
30 feet
Maximum Residential Density*
Maximum density as indicated in
the General Plan Land Use Map, and
if none indicated, 15 units per acre
Monta Vista Village Special Area
Maximum Height*
30 feet
Maximum Residential Density*
Maximum density as indicated in
the General Plan Land Use Map; 15
units per acre for Neighborhood
Commercial Centers
Neighborhoods
Maximum Height*
30 feet
North De Anza Gateway
Maximum Residential Density*
35 units per acre
Maximum Height*
45 feet
Hotel Development for APN 326-10-061:
Maximum Height
85 feet (The City will reconsider this height limit if building permits for the hotel project approved on March 3, 2020 are not issed by March 3, 2025.)
Stelling Gateway
West of Stelling Road:
Maximum Residential Density*
15 units per acre (southwest
corner of Homestead and
Stelling Roads) and 35 units
per acre (northwest corner of
I-280 and Stelling Road)
Maximum Height*
30 feet
East of Stelling Road:
Maximum Residential Density*
35 units per acre
Maximum Height*
45 feet
Oaks Gateway
Maximum Residential Density
3025 units per acre
Maximum Height*
45 feet
North Crossroads Node
Maximum Residential Density*
25 units per acre, except 35 units
per acre for APN 326 34 066
Maximum Height*
45 feet
South Vallco Park
Maximum Residential Density*
35 units per acre
Maximum Height*
45 feet, or 60 feet with retail
North Vallco Gateway
West of Wolfe Road:
Maximum Residential Density*
25 units per acre
Maximum Height*
60 feet
East of Wolfe Road:
Maximum Residential Density*
825 units per acre
Maximum Height*
75 feet (buildings located within 50 feet of the property lines abutting Wolfe Road, Pruneridge Avenue and Apple Campus 2 site shall not exceed 60 feet)
City Center Node
Maximum Residential Density*
25 units per acre
Maximum Height*
45 feet or as previously approved with past
height exceptions for existing taller
buildings
*Density and Height: Unless a different minimum and maximum density and/or height is established through Resolution 24-XXXX. The Vallco Shopping District Special Area shall be subject to the heights and densities shown above, with residential uses permitted in the Regional Shopping/Residential designation and Residential High/Very High Density designation as shown in Figure LU-4.
Building Planes (does not apply to housing development projects on sites listed in Resolution 24-XXXX):
• Maintain the building below a 1:1 slope line drawn from the arterial/boulevard curb line or lines except for the Crossroads Area.
• For the Crossroads area, see the Crossroads Streetscape Plan. • For projects outside of the Vallco Shopping District Special Area that are adjacent to residential areas: Where slope lines or other applicable height and setback limits for projects adjacent to residential areas are not established in a specific plan, conceptual zoning plan or land use plan and in any adopted design guidelines, project review shall be required. • For projects within the Vallco Shopping District Special Area that are adjacent to the North Blaney/Portal neighborhood:
Maintain the building below a 2:1 slope line drawn from the adjacent residential property line.
Legend
City Boundary
Special Areas
Homestead
North Vallco Park
Vallco Shopping District
North De Anza
South De Anza
Bubb Road
Monta Vista Village
Avenues (Major Collectors)
Boulevards (Arterials)
Key Intersections
Neighborhood Centers
Heart of the City Hillside Transition
Urban Service Area
Sphere of Influence
Urban Transition
Avenues (Minor Collectors)
Neighborhoods
Neighborhoods
• For the North and South Vallco Park areas: Maintain the building below a 1.5:1 (i.e., 1.5 feet of setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road curb lines and below 1:1 slope line drawn from Wolfe Road and Tantau Avenue curb line. • Parcel APN 326-10-061 within the N. De Anza Gateway: For hotel development, maintain the building below the variable slope lines as shown in Figure LU-5. For all other developments, the 1:1 slope line shall be maintained.
Rooftop Mechanical Equipment: Rooftop mechanical equipment and utility structures may exceed stipulated height limitations if they are enclosed, centrally located on the roof and not visible from adjacent streets.
Priority Housing Sites: Notwithstanding the heights and densities shown above, the maximum heights and densities for Priority Housing Sites identified in the adopted Housing Element other than the Vallco Shopping District Special Area shall be as reflected in the Housing Element. The Vallco Shopping District Special Area shall be subject to the heights and densities shown above, with residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU-4.
Figure LU-2
COMMUNITY FORM DIAGRAM
13.1 ACRES
LEGEND
WOLFE RD
Regional Shopping
Regional Shopping/Residential
High/Very High Density
50.01-65 Units per Acre
Figure LU-4: Vallco Shopping
District Allowable Land Uses