Better Cupertino News • December 2017

News on issues that affect your quality of life

~ H A P P Y   H O L I D A Y S  •  D E C E M B E R   2 0 1 7   N E W S ~   CALL TO ACTION: SIGN PETITION TO CLARIFY VALLCO ZONING! STOP THE OAKS OVER-DEVELOPMENT JANUARY 16! NEWS: SAN JOSE CITY-SPLAINS STERN HOTEL TO COMMUNITY REQUIRED READING: What's a YIMBY? BOOK REVIEW: Total Housing: Alternatives to Urban Sprawl SIGN PETITION TO CLARIFY VALLCO ZONING Very depressing news — if the Cupertino City Council does not take immediate action, the General Plan, as it stands today, would permit a massive development twice as large as Measure D (rejected by voters in 2016) under new housing laws. It could include 2,000,000 square feet of office space AND 2000 or more housing units and only 600,000 square feet of retail. The retail portion would be only 8% of the entire project! And the City Council might not be able to reject such a massive project without facing legal challenges. Such shocking invasion of Cupertino's autonomy is made possible by a series of pro-housing bills adopted in September 2017. As a result, Vallco is already rezoned to include 2,000,000 square feet of office space and 2400 housing units, as of Jan. 1, 2018. Unfortunately, the City Council is unwilling to take action to protect Cupertino's General Plan due to pressure from the developer and out-of-town YIMBY groups. Please sign this petition to urge the city council to take immediate action to clarify zoning standards at Vallco by openly discussing the potential risks of these laws and their unintended consequences! STOP OAKS OVER-DEVELOPMENT JANUARY 16! WHEN:      January 16, 2018     WHERE:   Cupertino City Council meeting WHAT:      Public hearing & vote on Oaks shopping center redevelopment application   WHY:        Because they can!     On January 16, 2018, there will be a ANOTHER public hearing and City Council will vote AGAIN on whether the Oaks Shopping Center redevelopment application for a GPA (General Plan Amendment) can go forward. The developer KT Urban's most recent plan WAS VOTED DOWN 4-1 by the Cupertino City Council on August 15. However, due to application procedures adopted by City Council in September 2015, developers are allowed to resubmit applications within 30 days with minor changes, which KT Urban did. Thus WE MUST SHOW UP AGAIN IN NUMBERS at the January 16 City Council meeting TO SPEAK OUT AGAINST this OVERLY TALL, OVERLY DENSE development at the already congested intersection of Hwy 85 and Stevens Creek Boulevard. Download and read KT Urban's application and project plans at the city website. If we don't show up, the plan will likely go forward! Which will make it harder to fight over-development at Vallco! San Jose City-splains Stern Hotel to Community On Monday, December 11, the City of San Jose Planning Department held a community meeting at the Cypress Community Center about the proposed hotel at Stevens Creek Boulevard and Stern Avenue. Notices were sent to residents in a 1,000-foot radius, which included the lower blocks of Stern, Bret and Judy Avenue. It was billed as a meeting for residents to comment and ask questions about the project. About 25 people attended, including Cupertino's mayor, Darcy Paul. The Planning department spokesman spent some time explaining how thorough the City of San Jose was in their process of developing its Urban Village general plan, in which they offered plenty of opportunities for public input. When asked directly if they were responsible for any accommodation to the neighboring jurisdiction (Cupertino), the answer was "No." Residents asked why the meeting notice said the hotel would be six stories with 132 rooms, yet the plans shown at the meeting were for seven stories and 168 rooms. The explanation was that it was a late change — but still allowable under the General Plan. Other questions were about parking and traffic, such as what would be the impact of a 99-space four-level underground garage, or of the minimal auto entrance on Stern Avenue for guest drop off and pick up. Residents asked that the traffic study include the 5–6:30 pm rush hour; the planners said that it would. Residents also felt the hotel as planned is not suitable for the site — it is twice as high as the apartment buildings next door, and has a modern urban design that does not fit in architecturally. They were basically told "too bad." To keep updated on this project, visit the United Citizens for Sensible Development (UC4SD) web page on the hotel. To express concerns, contact Robert Rivera, Project Manager, City of San Jose Planning Division (Robert.Rivera@sanjoseca.gov, 408-535-4843). ~  R E Q U I R E D   R E A D I N G ~ What's a YIMBY? Yes in My Backyard (YIMBY) is a term you can't have missed if you've been reading Bay Area newspapers the last couple of years. It refers to various groups who advocate building as much housing as possible to solve the housing crisis. They are not usually referring, however, to affordable or BMR (below market rate) housing sorely needed for non-tech service workers, and they oppose traditional affordable housing groups by promoting the belief that market-rate housing will "trickle-down" to affordability eventually. Though they often claim to be grass roots, their organizations are funded by the the tech and real estate industries. Below are links to recent articles about local YIMBYs with excerpts: 'Homes for human beings': Millennial-driven anti-NIMBY movement is winning with a simple message In California, there is a new lobby for renters — market-rate renters  Katy Murphy • Mercury News • November 12, 2017. Excerpt: YIMBYs are united by a central idea: A shortage of homes — not an influx of new tech workers and other young people moving to the booming Bay Area — is the main culprit for the pain caused by runaway housing costs, including the displacement of longtime working-class residents.""YIMBYs are united by a central idea: A shortage of homes — not an influx of new tech workers and other young people moving to the booming Bay Area — is the main culprit for the pain caused by runaway housing costs, including the displacement of longtime working-class residents. ~ ~ ~ ~ ~ Dear YIMBYs: The brutal, unfettered market won't stop displacement Leslie Dreyer, Joseph Smooke and Sarah Sherburn-Zimmer • San Francisco Examiner • July 20, 2017. Excerpt: When the California Legislative Analyst's Office misused UC Berkeley's Urban Displacement Project data to advocate for the construction of market-rate housing as an anti-displacement tool, the researchers responded, in summary, by saying: Producing tons of market-rate units to lower rents may take generations and may never actually work to relieve displacement pressures. Subsidized units for low-income folks have more than twice the impact on reducing displacement pressures. Housing development in the short term in San Francisco can't create a dent in affordability or displacement. At the regional scale, producing more market-rate housing will decrease housing prices in the long term. But at the local scale, new luxury buildings could send signals to the market that such neighborhoods are desirable for wealthier residents, resulting in new demand. ~ ~ ~ ~ ~ YIMBYs: The Darlings of the Real Estate Industry  Toshio Meronek and Andrew Szeto • Truthout • Wednesday, May 10, 2017. Excerpt: "Foote Clark's Oakland-based counterpart, Victoria Fierce, is a former techie who was bestowed enough cash by wealthy benefactors to work "as an activist full-time." Fierce moved to the Bay Area three and a half years ago, and describes her YIMBY organization East Bay Forward as an "anarchist" group that wants to see market-rate housing built now so that in 30 years, low-income people might be able to afford to move here."  ~  B O O K   R E V I E W  ~ "We must not build housing, we must build communities." –Mike Burton Total Housing: Alternatives to Urban Sprawl   Total Housing: Alternatives to Urban Sprawl by Albert Farro is a collection of innovative housing solutions showing how communities are built in urban environments. The buildings are designed for their environments and to solve the housing issues of that location. For example, the Mashrabiya House in Israel uses an envelope of stone screens which cool the building in the day and release heat in the evening—in addition to providing privacy. While in Chile, the aim of the Quinta Monroy project is to provide safe housing for the poorest by providing them with a basic shelter that can be modified and added to as the family's finances improve. These projects bridge the gap between the residents' need for privacy and their need for community. There is no desire to pave over the whole environment even in densely populated regions. The MTN project in Copenhagen mirrors the structure of mountains, while providing gathering space and separate outdoor green space, all within walking distance of a commuter train station. The philosophy of these projects is that residents need privacy as well as community, and that social interaction builds healthier communities. This book is available through the Santa Clara County Library system. Check it out. Review by Brooke Ezzat GET TO KNOW US Visit Better Cupertino's website Email us at contact@bettercupertino.org Invite more friends to sign up for BC newsletter or make a contribution Thank you for your support! Copyright © 2017 Better Cupertino All rights reserved. Our mailing address is: 21701 Stevens Creek Blvd No. 1132 Cupertino, CA 95015 Want to change how you receive these emails? You can update your preferences or unsubscribe from this list

URGENT! Vallco Mall Is Already Rezoned to Include 2,000,000 sqft Office Space and 2400 Housing Units

Very depressing news. Urgent action needed.

If the Cupertino City Council does not take any immediate action, the General Plan, as it stands today, would permit a massive development twice as large as Measure D (rejected by Cupertino voters in 2016) under the new laws. Such development would include 2,000,000 square feet of office space AND 2000 or more housing units and only 600,000 square feet of retail. The retail portion would be only 8% of the entire project! And the City Council might not be able to reject such massive project without facing legal challenges. Such shocking invasion of Cupertino's autonomy is made possible by a series of pro-housing bills adopted in September 2017. As a result, Vallco Mall Is Already Rezoned to Include 2,000,000 sqft Office Space and 2400 Housing Units, as of Jan. 1, 2017.

Unfortunately, the City Council is unwilling to take action to protect Cupertino's General Plan from exploitation due to pressure from the developer and out-of-town pro-housing advocacy groups.

Please sign this petition to urge the city council to take immediate actions to clarify zoning standards at Vallco by openly discussing the potential risks of these laws and its unintended consequences!

https://www.change.org/p/cupertino-city-council-we-urge-our-city-council-to-clarify-zoning-standards-for-vallco-asap

CALL to ACTION: Attend the Tuesday, 11/21/2017, City Council Meeting to Support the Repeal of the 12/4/2014 GPA that Affects Vallco

Date: Fri, Nov 17, 2017 at 4:30 PM
Subject: CALL to ACTION: Attend the Tuesday, 11/21/2017, City Council Meeting to Support the Repeal of the 12/4/2014 GPA that Affects Vallco

Hi Everyone,

The Tuesday, 11/21/2017 Cupertino City Council meeting is exceptionally important.

Please plan to attend and speak during oral communications to demand that the Council repeal the portion of the 12/4/2014 General Plan amendment affecting changes to entitlements at the Vallco Shopping District site.

On 12/4/2014, the majority City Council gave the developer of the Vallco Shopping District site an office allocations and permission to write its own rules regarding how dense it will build at the venue that was previously retail only.

Probably when the majority City Council gave away its planning authority at Vallco by creating the provision for a "Vallco Specific Plan", it expected that it would have discretion to reject any outrageous plan if a majority felt the plan was not aligned with the best interests of the City or would be harmful to the environment.

According to the current General Plan, allocations and density at the Vallco Shopping District site (51 or 58 acres, depending on who's counting) include:

Maximum Residential Density
35 units per acre (389 units maximum)

Maximum Height
Per specific plan (“developer, you choose the maximum height!”)

and

Office Square Footage, Buildout
2,000,000

Office Square Footage, Available
2,000,000

In October, the Governor signed a bundle of housing laws, including AB 1515, which law firm Meyers Nave describes thusly:

"AB 1515 directs courts to give less deference to local government determinations of a project’s consistency with local zoning and general plans."

and

"(AB 1515 is one of three new laws that) strengthen the State’s Housing Accountability Act, often referred to as the 'Anti-NIMBY Law', which limits the ability of cities and counties to disapprove proposed housing developments unless specified findings are made."

Finally, under AB 1515, there appears to be one way to retain local control at each development site: ensure that the General Plan specifies the absolute maximum density permitted at each site.

Specifically, AB 1515 states:

"...Under the act, the local agency may disapprove or condition approval of a housing development project or emergency shelter if, among other reasons, the housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation, as provided...."

Under the current General Plan and in light of by-right , it appears the developer for the Vallco Shopping District site could present a plan with a minimum amount of affordable housing (and 90% market-rate, for-rent housing) at 35 units per acre + 2 MILLION square feet of office + 600,000 square feet of retail. And, because the site includes affordable housing, it could qualify for a 15% density bonus (5 additional units per acre) or 20% density bonus (7 additional units per acre) if senior housing (no affordable units required).

Under AB 1515, if such a Vallco Specific Plan (aligned with the General Plan and including minimum affordable housing allocations) were presented to the City Council, it appears the City Council would have no authority to reject the plan because only violations of the General Plan and zoning laws--not environmental reviews, community disapproval, or City Council discretion--can be used as justification for rejection of a developer's plan that includes even a minimum amount of affordable housing.

It is imperative that the City Council restore the land use and density allocations back to what they were on 12/3/2014:
+ remove the office allocation
+ restore the retail/entertainment/dining allocation (Vallco Park South total buildout: 1,902,546; or Vallco Shopping District site: 1,207,774)
+ restore the maximum density specifications (1.5 feet of setback for every 1 foot of building height; 45 foot maximum building height or 60 foot maximum building height if the structure includes a retail component)

NOTE: The 2000 - 2020 General Plan allocated housing at the “Vallco Park South” development area, which includes the Vallco Shopping District site. Housing density at Vallco Park South under the 2000 - 2020 General Plan was 35 dwelling units per acre, same as it is under the current General Plan, though the available allotment was just 241 units. Today’s available allotment is 389. However, to push the point (rollback from 389 units to 241 units) will likely be very, very unpopular.

Please plan to attend the Tuesday, 11/21/2017 City Council meeting and speak during oral communications to demand the City Council restore local control of the Vallco Shopping District site by repealing the aspects of the 12/4/2014 General Plan amendment that affect the Vallco Shopping District site before the new housing laws are enacted on 1/1/2018.

Invite friends and family to attend and speak out, too!

Thank you,

Liana

REFERENCES

+ Meyers Nave, fact sheet for 2017 housing legislation: http://www.meyersnave.com/broad-affordable-housing-bill-package-signed-governor/

+ Sierra Club California Legislative Priority List 2017:

https://www.sierraclub.org/sites/www.sierraclub.org/files/sce/sierra-club-california/PDFs/2017%20Priority%20Bill%20List%204.14.17.pdf

+ Legislative Information, AB 1515 2017-2018:

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1515

+ Legislative Information, SB 35:

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB35

+ City of Cupertino, General Plan, 2015-2040 (see “Chapter 3: Land Use and Community Character Element”, ‘Figure LU-1 Community Form Diagram’ pp LU-13 LU-17):

http://www.cupertino.org/our-city/departments/community-development/planning/general-plan/general-plan

+ City of Cupertino, General Plan, 2000-2020, last updated 6/1/2010 (see Community Form Map, Maximum Building Heights Map, Table 2-A Development Allocation, and chapter “Land Use and Community Design” Policy 2-30 ‘Vallco Park South’ p 2-26, 2-27):

PATH: http://www.cupertino.org/ > “Records” > “Search” > “Custom Search = Name” > “Name = enter ‘general plan document’” >  click the Search button > select the general plan document with 332 pages

“An invasion of armies can be resisted, but not an idea whose time has come.” Victor Hugo

Event Alert - Better Cupertino Forum Sunday October 29, 3-5pm

Dear Friends of Better Cupertino.

We would like to invite everyone to join the Second Better Cupertino forum on regional planning on Sunday October 29, 2017 from 3pm to 5pm, to be held in Cupertino Community Hall, 10350 Torre Ave, Cupertino, CA 95014. Register at BetterCupertino.org.

The panelists include Assembly Member Kansen Chu, San Jose City Council Member Chappie Jones, Palo Alto City Council Member Tom Dubois and former Planning Commissioner and Chamber president of Sunnyvale Richard Bernhardt, who Is also the CEO of Berhardt Communications and Strategies Co. The moderator will be Yang Shao from Fremont Unified School Board in the city of Fremont. The second hour will be Q&A to accept questions from the audience.

   Although many housing bills have passed this year, are they enough to help with housing crisis if there is still a lack of regional planning? Housing crisis is a symptom of deeper problems caused by a lack of regional planning, in my opinion, on office growth and transportation. Building more affordable housing is only a band-aid. Band-aids won't be sustainable if the root problem is not treated and continue to get worse.

    We hope that a dialogue on regional planning could help us face the root cause of the housing crisis today so that we can start addressing them. We have a balanced panel with an independent moderator for a much needed discussion on regional planning for office, housing and transportation.

Besides those on the panel, the follow elected officials or their representatives will also attend. 

Tom Pyke, representative of Congressman Ro Khanna, CA-17 

Yvonne Chao, representative of Jim Beall, SD15 

Patrick Ahrens, representative of Evan Low

Lydia Kou, Palo Alto City Council

Steven Scharf, Cupertino City Council

Michael Goldman - Sunnyvale City Council

Rishi Kumar, Saratoga City Council (most likely)

Teresa O’Neill - Santa Clara City Council 

Many grassroots groups from nearby cities will also attend. It's a chance to network.

Looking forward to seeing you there.

Below is a flyer of the forum. Please register at BetterCupertino.org to help with planning and for updates.

Better Cupertino Team