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
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
+ Sierra Club California Legislative Priority List 2017:
+ Legislative Information, AB 1515 2017-2018:
+ Legislative Information, SB 35:
+
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):
+
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
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/
+ Sierra Club California Legislative Priority List 2017:
+ Legislative Information, AB 1515 2017-2018:
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
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