Tara - A Clear Standard for Community Benefits

From: Tara S
Date: Tue, Nov 21, 2017 at 11:28 AM
Subject: A Clear Standard for Community Benefits
To: citycouncil@cupertino.org

Hello Mayor and Councilmembers,

I write to you today requesting that the City of Cupertino adopt a Resolution or Ordinance establishing a more precise standard for its “Community Benefit Agreements”. These standards should be clearly stated in Cupertino’s General Plan.

A Community Benefits Ordinance would include different requirements for large-scale and small scale projects.

What should be in a Community Benefits Ordinance?

A significant community benefit is defined as a contribution to the broader community, either physically constructed or a monetary contribution to the City,

This Ordinance should:

•             Define benefits expected of developments

•             Require Community Benefits Packages be at the highest level that the project can financially support based on an independent economic analysis

•             Require that developers say earlier on in the process whether their proposed package of Significant Community Benefits will be included on site or made as payments to the City

•             Define mitigations in contrast to community benefits

•             Require that mitigation payment be made no later than the issuance of a building permit

•             Expand the Significant Community Benefits standards to apply to all projects that have not yet received final approval

•             Mandate that the Planning Commission must have at least one public hearing on each proposed Community Benefits Package

•             Clarify that the failure to comply with an agreed upon Significant Community Benefits Package would result in the revocation of permits and that any changes that add value to the project should be reflected in an updated Community Benefits Package

What are Community Benefits?

A community benefit agreement (CBA) is an agreement between a prospective developer and organized representatives of communities affected by a prospective development. A CBA specifies the benefits that the developer will provide to the community in exchange for approval of development. We ask the City of Cupertino to create precise standards for Community Benefits Agreements on small-scale and large-scale projects that will be reflected in the Cupertino Municipal Code and Cupertino General Plan.

Why Should We Develop A Community Benefits Ordinance?

The goal of a Community Benefits Ordinance is to streamline the process of incorporating community benefits into a prospective development.

“Commitments to provide community benefits often go unfulfilled. Difficulties in monitoring and enforcement are a widespread problem. CBAs are an attempt to address this problem, both by memorializing developer commitments in writing and by enabling community groups to enforce them, rather than having to rely on local governments.” (http://juliangross.net/docs/CBA_Handbook.pdf)

Base Benefits that should be addressed in this Ordinance:

a.            Affordable Housing. Either (1) additional on-site affordable housing that exceeds standard requirements; or (2) affordable housing fees that exceed standard City requirements.

b.            Labor Requirements. Agree to enter into a Project Labor Agreement. The City can also require a certain percentage of the project’s construction workers be local or Santa Clara County residents.

Additional Community Benefits that can be addressed in this Ordinance:

a.            Arts and Culture. On-site or off-site benefits for arts and culture, including publically accessible art or performance space or an in-lieu fee to a Cupertino Public Art Fund.

b.            Street and Open Space Requirements

•             Transportation mitigations

•             Improving bicycle networks

•             Permeable street paving

•             Tree plantings

•             Pedestrian amenities

c.             Sustainable Development. Environmentally friendly community benefits beyond what is currently required, such as, but not limited to:

•             Higher green building standards

•             Water and wastewater infrastructure repair and reinvestment

•             Waste diversion

•             Rainwater re-use

•             GreenTRIP certification (http://www.transformca.org/landing-page/greentrip-certification-program)

6.            Alternate Community Benefits Proposals. In the event an applicant believes that compliance with the foregoing community benefits standards would violate any state or federal law or constitutional provision, an applicant may make an alternative proposal.

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Thank you,

Tara S