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Monday, August 31, 2015

Discussion on Community Benefits is Needed; Discussion on Frequency of GPA Process is Premature, by Xianwen

From: Xiaowen Wang
Date: Mon, Aug 31, 2015 at 1:22 PM
Subject: [Better Cupertino WG] GPA application processing procedures
To: City Council <citycouncil@cupertino.org>, City Clerk <cityclerk@cupertino.org>, planning@cupertino.org, City Attorney's Office <CityAttorney@cupertino.org>, David Brandt <davidb@cupertino.org>, Aarti Shrivastava <AartiS@cupertino.org>, RebeccaT@cupertino.org
Dear City Council Members,
 
I am writing to you regarding the Agenda item 4 on council meeting tomorrow. 

First I would like to thank the city staff for updating the White Paper on Development Allocation (D - Development Management Overview 6 24 15.pdf). This updated white paper provides more information on how other city's manage the community benefit and development allocations. The update added a lot of details on how the cities gauge the community benefits. All the cities studied in this report has a grading system, e.g., Figure 1 and Figure 2 detailed how San Diego grades different projects and different benefit it can provide. 
 
After reading all these systems in different cities, there is nothing in the staff report regarding what kind of system we are going to have for our city. Instead, the whole discussion is centered on the frequency of GPA application processing. However, I don't know how we make that decision without knowing the work load of the reviewing process. It is obvious that with a more granularity in a grading system means more work. Since one major concern of the application process is the staff time, we should really have a clear picture if and how we want to have a point or grading system in gauging project benefit and cost.

Due to this concern, I would like to urge the city to first engage the public in if and how we want to have the community benefit program. What is the cost and benefit of allowing certain project have exceptions than what is specified in General Plan. What kind of community benefits that the community wants? How to weigh these benefits to the cost of allowing various exceptions?

For other cities, e.g., Palo Altos, citizen advisory board is established to study these issues. I would like to advocate that we follow the same footstep and sort out the evaluation system first. Only then we can have a clear idea of the staff work load and we can make a decision on how often we should have the GPA review. 

Moreover, another important factor is still missing even in the white paper. What is the final outcome of these program? It is not clear if the community really get the benefit they ask for. Is there a feasible way to enforce the promise made at the planning phase? Can we ask the deposit or security fund upfront to secure whatever the developer promised the community are secured? When evaluating the cost and benefit, we need to know what kind of risk we are going to take. The biggest doubt I have with any community benefit program is the enforcement, the only vague word I got is that there is going to be a development contract. But I still have no idea what is going to happen if such contract is violated. I for one, am not the one who like to take much risk, especially in the cost of my kids, so my position on this matter is still no community benefit. However, other people may have a different opinion on this. Therefore, it is vitally important for the public to know what kind of deal that we are stepping in. We all need to make an informative decision and be a grownup facing the consequence afterward.

I really feel it is premature to discuss the frequency now without knowing what we are going to do during the process. Let's all first have a candid discussion on what we want, what we sacrifice and what we risk, before we rush into any decision.

Please put this correspondence on the record for the City Council Meeting on Sep. 1. 

Best regards,
 
Xiaowen Wang




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Posted by Better Cupertino at 3:00 PM No comments:
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Resolution 15-078 is Against the Residents Who You Represent, by Liang

From: Liang C <lfchao@gmail.com>
Date: Mon, Aug 31, 2015 at 12:27 AM
Subject: Resolution 15-078 is against the residents who you represent
To: City Council <citycouncil@cupertino.org>, "City of Cupertino Planning Dept." <planning@cupertino.org>, David Brandt <davidb@cupertino.org>


Enclosed is a blog article just published to inform the residents about the truth behind the new process for General Plan Amendments.

The new process for General Plan Amendments is simply a way to allow Community Benefits program, renamed voluntary community amenities, to be applied to any parcel in Cupertino in exchange for any increase in height or office allocation or break any other rule in the General Plan.
Under this new guideline, Oaks can come along and request 1 million office space and 120 feet building; Marin can come along and request another 1 million office space and 140 feet building. The sky is the limit. The limits set in the General Plan is non-existent. We may be able to build 10 million square feet of office space by 2040 and Steven Creek could be lined with 10 buildings over 100 feet tall by 2040.
Hundreds of residents have written to you and hundreds of residents have attended the May 19th meeting to express their concerns on increase in building height and office allocation. Are you going to ignore all of their concerns and adopt a new process that does the opposite and allow even more increase in building height and office allocation?

Are you representing the residents of Cupertino who elected you? Or are you representing others who simply want to make money in Cupertino?

Resolution 15-078 should not be adopted until there is a set guideline to define what General Plan Amendments are allowed for what type of projects and what Community Benefits programs are allowed in exchange. And what mechanism could be put in place to ensure that the promised benefits would be delivered.
The city has already suffered from a vague description of Community Benefits program, namely the ground floor retail component. It has been abused again and again to provide much more benefits to the developers. The staff and the Council is unwilling to use a proper definition for "retail" and allowed the developers to exploit it. Now, the Council will introduce another even more loose form of Community Benefits program?
Most recently, Main Street has been able to gain 19 times more office than the amount of ground floor retail space. Then, the retail is not accessible to the community. The planning staff does not think it's a violation because there is no definition of "retail" in our General Plan.

Please discontinue the notorious ground floor retail component immediately. Do not use it to grant any more increase in building height until a clear definition of ground floor retail component is provided in the General Plan. The policy should also define a proper exchange ratio, such as 1 square foot of office space in exchange for 1 square foot of retail space.
Please do not make the situation even worse by introducing even more vague policies on Community Benefits program by adopting Resolution 15-078.

---------- Forwarded message ----------
From: Blogger <no-reply@blogger.com>
Date: Sun, Aug 30, 2015 at 11:36 PM
Subject: [BetterCupertino] Buffet-Style Community Benefits Lead to Uncontrolled Growth
To: lfchao@gmail.com


On Tuesday, September 1, 2015, the Cupertino City Council will deliberate and most likely approve the new process for General Plan Amendments, which opens the door to uncontrolled growth. The agenda description does not mention one word about Community Benefits program. But the devil in the details is an unregulated Community Benefits program, which puts all limits set in the General Plan up on the buffet table to be broken as long as the price is good.

On May 19th, 2015, facing strong opposition by residents about large increase in building heights and massive increase in office allocation, the Cupertino City Council voted not to approve the proposed General Plan Amendment. Instead, the Council considered a staff proposal to establish a process to accept requests for General Plan Amendments on an annual or biannual bases. It appears that the Council listened to the residents and slowed down uncontrolled growth pushed by developers. However, that is far from the truth.

The new General Plan Amendment process essentially sets no limit on building height or office allocation or any other regulation set in the General Plan. As long as a developer can provide Community Benefits to sweeten the deal. the project would be allowed to get higher height, higher density, smaller setback, more office space, more housing units, more hotel rooms, etc. Anything is up for grabs as the Community Benefits provided is approved by the Council.

This is a buffet-style Community Benefits program, which make the policies set in the General Plan non-existent. There is no hard limit on anything, as long as the money is good enough.
Knowing the residents' concern on building heights and office allocation, the City Council wants to go ahead and not even set any limit at all. Totally ignore hundreds of residents who sent their written comments and hundreds of residents who attended the meeting on May 19th.

Vallco comes along and request 2 million square feet of office and 160 feet in building height. It's approved. Oaks comes along and request 200,000 square feet of office and 100 feet in building height and it's going to be approved. Next developer will come along and request another 1 million square feet of office and 120 feet in building height and it will be approved. Where is the limit? None.

If Community Benefits is to be allowed in the General Plan at all, there should be clear policies on what types of General Plan Amendments are allowed and what are the limits. There should be clear policies what types of Community Benefits are allowed and how are they determined. Many other cities have set guidelines on Community Benefits. But the Council is unwilling to bound its own hands.

We have seen Community Benefits, which do not benefit the community at all.

Main Street has been able to get 19 times more office space on its two office buildings using ground floor retail as a Community Benefit. Then, the ground floor retail ends up to serve only office workers. Main Street also got two extra floors on its garage simply by moving a retail building next to the garage and call it a "ground floor retail," as a Community Benefit.

Hamptons offers $7 million dollars donation to Civic Center project, which is supported only by a handful of Council members and does not benefit most of the residents. Oaks is offering to provide bike paths on Mary Avenue as a Community Benefits in order to bring bike traffic to the Mary Bridge, which is barely used. It is questionable whether nicer bike paths would bring traffic if Mary Bridge is not on the commute path of most bicyclists.

The Hills at Vallco offered to build a "new" K-5 school to share the same school site as an already over-crowded school. This new school will force the existing school students to share sports fields. This new school will also use the neighborhood streets as parking lot since the tiny school hardly has enough space for classrooms.

Such Community Benefits do not benefits the community. They are determined behind closed doors through negotiation between developers and stakeholders who benefit from the transaction. Council members get the developers to donate money to support their own agenda, like the Civic Center project. The surrounding community who actually get negatively impacted by the development project do not get a say in the deal making. And often, the deal benefits the developer far far more than it benefits the community.

This practice has to stop and Community Benefits has to be regulated with agreed-upon policies and discussed in open meetings. The "community" should be involved in the decision making process of Community Benefits. And we should not confuse mitigation of project impacts, which is a requirement for any development project with Community Benefits.

Buffet-style Community Benefits lead to uncontrolled growth since the sky is the limit.











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Posted By Blogger to BetterCupertino at 8/30/2015 11:36:00 PM


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