SB50 does not apply to the approval of rezoning or general plan amendment or other plan/code amendments, by BC

From: Better Cupertino <bettercupertino@gmail.com>
Date: Mon, Sep 21, 2015 at 12:55 AM
Subject: SB50 does not apply to the approval of rezoning or general plan amendment or other plan/code amendments
To: planning@cupertino.org, City Council citycouncil@cupertino.org

SB 50 does not apply to protect developers "who were seeking rezoning or approvals of general plan amendments or specific plans." (Indirect Impacts On School Facilities Must be Considered and Mitigated Under CEQA (Legal Alerts, July 8, 2011)

Policies to consider school impact before a development project is approved were simply removed due to SB 50. There was no attempt to rephrase the policies to comply with the law, but still consider other aspects of school impacts. For example, a new policy could be introduced to ensure that no rezoning or increased building height or other general plan amendment is approved if it would adversely impact the school systems. Such policy could require developers to fully mitigate school impact before a zoning change or general plan amendment.


SB 50 still allows traffic, air quality, noise and other environment factors to be considered around schools as a condition of approval on projects. New policies should be put in place to ensure a minimum level of standards for these environmental factors when a development project is considered. New policies should be put in place to ensure that development projects provide more extensive traffic mitigation measures to improve traffic condition around school for either biking, walking, driving or shuttling. It is not sufficient to leave it up to the Environment Impact Report to protect the environment around schools.

Regards,

BetterCupertino