Monday, May 2, 2016

Liana - EC 9212 report references wrong version of General Plan; CCSG Initiative ballot question requires correction

Liana pointed out that the Consultants might have referenced wrong version of the General Plan.

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From: 'Liana Crabtree' via CCSGI-Core <ccsgi-core@googlegroups.com>
Date: Mon, May 2, 2016 at 5:47 AM
Subject: Fw: EC 9212 report references wrong version of General Plan; CCSG Initiative ballot question requires correction


This is a copy of the message I sent to all Council Members individually this morning.

Liana

On Monday, May 2, 2016 5:35 AM, Liana Crabtree <lianacrabtree@yahoo.com> wrote:


Dear Council Member Paul:

This is a follow up to a message I posted to all City Council Members on Sunday, May 1, 2016.

In my earlier message, I asserted that it appeared the team responsible for the EC 9212 report for the CCSG Initiative referenced the wrong version of the General Plan in those places where the EC 9212 report states that the CCSG Initiative will raise the maximum building heights in neighborhoods.

It is understandable why those responsible for the EC 9212 report could have cited the wrong version of the General Plan.

For those not familiar with the Web page that links users to each chapter of the General Plan, it appears current information about land use will be included in the link "Chapter 3: Land Use and Community Character Element". However, in October 2015, the City Council approved an amendment to the General Plan that replaced Figure LU-1 with the updated figure that is included exactly as it was approved in the CCSG Initiative. The updated Figure LU-1 is not included in the Chapter 3 link on the General Plan Web page. Instead, Chapter 3 available on the City Web site today includes the outdated version of Figure LU-1 (PDF p 18).

The resolution that adopted the updated Figure LU-1 in October 2015 is visible from a link in the General Plan Web page called "here" (second paragraph of the introductory text). See PDF p 40 of Resolution 15-087 for the current Figure LU-1. Note that Neighborhoods is defined in the legend as a special area and that the Neighborhoods special area box establishes a maximum building height of 30 feet.

Resolution 15-087 includes this instruction on PDF p 4, under the heading "NOW THEREFORE, BE IT RESOLVED," item 3:

"3. Adopts the amendments to the General Plan (Application No. GPA-2015-01), text and figures, as shown in Exhibit GPA-1, which is incorporated herein by reference as part of this resolution, and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in the production of the final published General Plan;"

And, the third paragraph of the introductory text on the General Plan Web page says: "The final General Plan layout is currently under review and will be posted on this website as soon as it is available. (Tentatively by December 31, 2015)." In my review of Chapter 3, it appears the update to the "final" General Plan to incorporate the content of Resolution 15-087 has not been completed, so it is understandable that a consultant agency on a very short timeline to complete the EC 9212 report might have been given or might have collected for itself the wrong version of the General Plan to build its arguments related to the EC 9212 report.

Please do consider that the reason the EC 9212 report states the CCSG Initiative will "increase building heights in Neighborhoods" is because the consultants were referencing the wrong version of the General Plan. Indeed, no other explanation for the inclusion of the false statement "increases to 45 feet the maximum building heights in neighborhoods" in the EC 9212 report and now in the ballot question for the CCSG Initiative makes any sense.

We have urgency to correct the error in the ballot question for the CCSG Initiative. Best for all if the City Council corrects the ballot question voluntarily now and not with legal mandate later. Act today to add the correction of the ballot question as an agenda item for a special meeting following the May 3, 2016 regular City Council meeting.

Thank you,

Liana Crabtree
Cupertino resident


REFERENCES:

+ City of Cupertino Web page "General Plan: Community Vision 2015 - 2040".

(Link: http://www.cupertino.org/index.aspx?page=1275)

Note that "Chapter 3: Land Use and Community Character Element" still includes the December 2014 version of Figure LU-1 and does not include updated text to describe the special area that was created in the October 2015 GPA called "Neighborhoods".

Users must click the "here" link in paragraph two of the introductory text on the City of Cupertino Web page "General Plan: Community Vision 2015 - 2040" to view Resolution 15-087 in order to view the content of the October 2015 GPA, including the updated Figure LU-1 with the new Neighborhoods special area with residential densities and criteria defined.

+ Entire text visible to the public regarding the status of the General Plan: Community Vision 2015- 2040 on the City of Cupertino Web site as of May 2, 2016.

(Link: http://www.cupertino.org/index.aspx?page=1275):

"General Plan: Community Vision 2015 - 2040

On December 4, 2014, the City Council formally adopted an amended General Plan for Cupertino known as Community Vision 2040. The General Plan is a State-mandated document and provides the vision for Cupertino’s future. It sets the City’s policy direction in a number of areas including land use, mobility, housing, open space, infrastructure, public health and safety, and sustainability through specific goals, policies and strategies.

On October 20, 2015, the City Council adopted minor amendments to the language to the Community Vision 2040 including a change in the name of the document to "General Plan: Community Vision 2015 - 2040." The resolution adopting the changes is available here.  Community Vision 2040 posted below and the resolution adopting the changes together constitute the General Plan: Community Vision 2015 - 2040.

The final General Plan layout is currently under review and will be posted on this website as soon as it is available. (Tentatively by December 31, 2015).

Community Vision 2040 (adopted by the City Council on December 4, 2014)

Cover and Contents
Chapter 1: Introduction
Chapter 2: Planning Areas
Chapter 3: Land Use and Community Character Element (note: contains outdated Figure LU-1)
Chapter 4: Housing Element
Chapter 5: Mobility Element
Chapter 6: Environmental Resources and Sustainability Element
Chapter 7: Health and Safety Element
Chapter 8: Infrastructure Element
Chapter 9: Recreation, Parks and Community Services Element

Attachment A: Land Use Definitions
Attachment B: Housing Element Technical Report
Attachment C: Air Quality
Attachment D: Community Noise Fundamentals
Attachment E: Geologic and Seismic Hazards
Attachment F: Slope Density "


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