Written Communications 6-11-2024
Planning Commission
Meeting
June 11, 2024
Written Communications
Cc: grenna5000@yahoo.com
Subject: Fwd: Overlapping Meetings on June 11, 2024 with Park and Rec and HCD Rezoning
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FYI. Please include this correspondence in the public comments about the Park and
Recreation meeting on June 11, 2024 and the Housing Element Rezoning meeting
At the Planning Commission meeting on June 11, 2024 which appear to be at the
Same time in two different locations. Thank you!
-------- Original Message --------
Subject: Overlapping Meetings on June 11, 2024 with Park and Rec and HCD Rezoning
From: Jennifer Griffin <grenna5000@yahoo.com>
Sent: Wednesday, June 5, 2024, 5:39 PM
To: citycouncil@cupertino.org
CC: grenna5000@yahoo.com
Dear City Council:
I am very concerned because there are two important city meetings at the same time on
Tuesday, June 11. These are the Planning Commission meeting which is a Housing
Element
Rezoning meeting and also a Park and Recreation Meeting in a completely different area
Which is about Lawrence-Mitty Park.
There are both very important meetings. Why are they on the same day in two different
Locations? I was in Virginia visiting family (actually flying) when the Planning
Commission
Meeting was last Tuesday about the Lawrence-Mitty Park. I was hoping to attend the next
Meeting about it, but now it is on the same night as the extremely stressful Housing
Element Rezoning meeting in the Planning Commission meeting also on Tuesday,
June 11. We also have family visiting this week from Portland, Oregon.
Why do these two meetings have to be on the same night? The public has already spent
Hours and hours of their time dealing with the Housing Element and it's peculiar
demands
In the last two years so there is no great rush in my eyes to try to do this Housing Element
Rezoning in one night. We owe nothing to HCD. They have wasted our time and money
In the last two years and now they just want to try to push through this rezoning with
All of its bad RHNA numbers and strange Missing Middle Zoning in one night.
I say let them wait. Let HCD sit and wait. They never showed any sensitivity to the public
With their eccentric demands and name-calling of our city in the last two years. We owe
them nothing.
At least with Apple and the Park and Rec Commission we get a park.
I bet HCD would love to get their hands on that park and build some dense high rise on it.
At least we have a new park. I doubt with HCD rezoning the whole city with their mythical
Made up RHNA numbers we will ever get another park.
Please don't let these two meetings be on the same night. Let HCD cool their heels and
Wait until the 12th or later. We owe no allegiance to HCD. They lost that on the beginning
of this ludicrous
Sixth Cycle Housing Element. At least we get a park.
Please reschedule these two meetings so they do not conflict. I'm really tired of HCD
Calling the good people of Cupertino names.
Thank you.
Best regards,
Jennifer Griffin
From:Waguih S Ishak
To:City of Cupertino Planning Commission
Cc:rgrymes2001@yahoo.com; batragautam@gmail.com; albertwu38@gmail.com; Sujai; fshew@mindspring.com;
kalkocz@icloud.com
Subject:Opposition to the Linda Vista Project
Date:Tuesday, June 11, 2024 12:23:53 AM
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June 11, 2024
Dear Planning Committee of the City of Cupertino.
I wanted to attend the meeting today (6/11/2024) but my travel schedule
prevented me from attending.
I'm totally opposed to the new Linda Vista Development Proposal for the
following reasons:
The area has a very dangerous slope and requires very expensive
grading and water drainage management
The Fire Insurance will be extremely hard to find and if found, very
expensive.
The wildlife in this area will be very much threatened.
The traffic issues that this project will cause.
I'm not happy with the communications we received about this
proposal. Emi Sugiyama has been kind enough to update us but she
requested a few things from the people who applied for the proposal
and over a month passed with no answer. The maps they showed in the
preliminary proposal do not show the current houses who will be
affected by the project. We asked for accurate maps with no answer.
Thank you.
Dr. Waguih Ishak
22071 Lindy Lane, Cupertino, CA 95014
650-283-5501
From:Albert38
To:City of Cupertino Planning Commission
Subject:Opposition to the Linda Vista Development Proposal
Date:Tuesday, June 11, 2024 8:29:30 AM
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June 11, 2024
Dear Planning Commission members,
I have a strong urge to express my concern with the Linda Vista Development Proposal, as a
resident of a home very close to the project site. Unfortunately, I am in Asia and thus cannot
attend today’s meeting.
I have been seeing and hearing digging and soil removal of the hill right outside of my
windows. My neighbors and I appreciate the tranquility and the natural beauty of our
environment, and thus we chose living in our hillside area. The Development Proposal
suggests a large scale damage to the original environment, and yet we the concerned
community have not seen much transparency of the project to voice our opposition. As my
neighbors have enumerated the problematic issues to be or have been presented to the
Commission, I want to add my strong opposition to the proposed development.
I urge the Commission and the City Government to listen to our voices, and cautiously and
carefully study the negative impacts of the development project before further irreparable
damages are done. I thank you.
Dr. Albert Wu
22121 Lindy Lane, Cupertino, CA 95014
408-663-7952
albertwu38@gmail.com
From:fshew@mindspring.com
To:City of Cupertino Planning Commission
Cc:"Gautam Batra"; "Rose Grymes"; albertwu38@gmail.com; "Sujai"; kalkocz@icloud.com; "peter Friedland"
Subject:"Vista Heights" Project - Linda Vista Drive - APN 356-27-026, 356-05-007, 356-05-008
Date:Tuesday, June 11, 2024 10:43:32 AM
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Dear Planning Commission members,
My name is Frank Shew and I am the property owner at 11255 Mount Crest Pl.
My concerns re: this project:
1). The extensive re-grading that needs to be done, and how that impacts on water/rainfall
drainage, as there is a low spot behind Mount Crest Place where run-off accumulates.
2). Traffic – If access to the new development is along the entrance to Linda Vista Park, it
should be noted that this entrance is located on a curve of Linda Vista Drive. This curve
already poses a driving problem with on-coming traffic appearing suddenly, and because the
sidewalk around this area is narrow, most people walk out on the street. With additional
housing, including a sports center that will have 12,100 square feet of underground parking
and another parking lot of 15,000 square feet, traffic and safety would be significantly
impacted.
Regards,
Frank Shew
11255 Mount Crest Pl
408-483-5311
From:Santosh Rao
To:City Council; Pamela Wu; City of Cupertino Planning Commission; City of Cupertino Parks and Recreation
Commission
Subject:Scheduling planning commission and parks and rec at the same day/time.
Date:Tuesday, June 11, 2024 11:49:47 AM
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Hello Mayor Sheila, Manager Wu, chairs of planning and parks and rec commissions,
What is the reason to schedule parks and rec commission at the same day/time as the planning
commission. This is only going to reduce stakeholder engagement as residents can only attend
one or the other.
The parks and rec was planned for last week originally if I recall correctly. It was cancelled
and moved to overlap with planning commission. Can you please look into this and direct the
city manager and staff to avoid overlapping commission meetings in the interest of
stakeholder engagement.
I am copying the planning commission and parks and rec commission as well so their chairs
may do the same.
Thanks,
Santosh Rao
Planning Commission
Meeting
June 11, 2024
Written Communications
Item #2
From:Sandy Kay
To:City of Cupertino Planning Commission
Cc:Sintiat Te; Joyce Hu; Ying Min Li; Howard Wang
Subject:Regarding Agenda Jun 11 2024 project 35 in the housing element - Street: Adriana
Date:Thursday, June 6, 2024 7:35:49 PM
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Hello
My understanding is that this lot will be rezoned R3/TH
just want clarification about whether PUDS will be acceptable as long as other criteria for fire, public works, etc are
met
Thank you!
SANDY KAY 408 202 0608
SandyKayHomes.com
Keller Williams Bay Area Estates
16780 Lark Ave, Los Gatos 95032
# 01038967 AKownacki - KW BAE #01526679
From:Sandy Kay
To:City of Cupertino Planning Commission
Cc:Sandy Kay; Joyce Hu; Ying Min Li; Scott Poncetta
Subject:Planning commission this evening
Date:Monday, June 10, 2024 8:30:51 AM
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Hello
Ying Min Li is in the process of purchasing 10231 Adriana Ave Cupertino which is in the housing element. Either
one of us copied here will be asking questions about the new zoning and whether single family residence /PUDS
will be allowed.
Thank you
SANDY KAY 408 202 0608
SandyKayHomes.com
Keller Williams Bay Area Estates
16780 Lark Ave, Los Gatos 95032
# 01038967 AKownacki - KW BAE #01526679
From:Peggy Griffin
To:City of Cupertino Planning Commission; Piu Ghosh (she/her); Luke Connolly
Cc:City Clerk
Subject:2024-06-11 Planning Commission Mtg - ITEM2 - HE changes - What "minor changes"?
Date:Monday, June 10, 2024 11:47:21 AM
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PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS AS PART OF WRITTEN
COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.
Dear Planning Commission, Planning Manager Gosh and Asst. Director Connolly,
Regarding Zoning Map Amendments (Attachment C)
Q: What exactly are all the “other minor changes that were made? Please specify them.
Thank you,
Peggy Griffin
From:Peggy Griffin
To:City of Cupertino Planning Commission; Piu Ghosh (she/her); Luke Connolly
Subject:2024-06-10 Planning Commission Mtg-ITEM2 HE Municipal Code Changes-Definition Questions
Date:Monday, June 10, 2024 12:32:43 PM
Attachments:image002.png
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PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS AS PART OF WRITTEN
COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.
Dear Planning Commission, Asst. Director Connolly and Planning Manager Piu,
Please see my questions and comments below regarding the “19.08.030 Definitions” section.
RE: Muni Code Changes – Attachment A – Draft MCA Resolution.pdf
Page 7 of 41 – 19.08.030: Definitions
“Base Zoning”
Q: What is it?
REQUEST: Please add definition of “Base zoning”.
“Duplex” – THANK YOU for adding that phrase!
“Congregate residence” – what are “lodging houses”? Are student dorms included?
Page 8 of 41 cont. Definitions
Chapter 19.112 is the ADU Regulations.
Q: What does this definition mean with respect to ADUs?
GENERAL QUESTION…In some recently built buildings in other cities, I’ve seen what appears
to be a building where the ground floor is built on the property line but the second floor and
above hangs over public airspace. This is concerning because having a public right-of-way
allows for future widening of the streets, addition of utility features, etc.
Q: Do these new changes to zoning prevent this from happening?
Q: Does the public right-of-way include airspace above it in all cases? If not, when does
it not?
Thank you,
Peggy Griffin
From:Peggy Griffin
To:City of Cupertino Planning Commission; Piu Ghosh (she/her); Luke Connolly
Cc:City Clerk
Subject:RE: 2024-06-10 Planning Commission Mtg-ITEM2 HE Municipal Code Changes-Definition Questions
Date:Monday, June 10, 2024 12:38:02 PM
Attachments:image001.png
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REQUEST: Please also add the definition for “parcel level zoning”.
Thank you,
Peggy Griffin
From: Peggy Griffin <griffin@compuserve.com>
Sent: Monday, June 10, 2024 12:32 PM
To: PlanningCommission@cupertino.org; 'Piu Ghosh (she/her)' <PiuG@cupertino.gov>; 'Luke
Connolly' <LukeC@cupertino.org>
Subject: 2024-06-10 Planning Commission Mtg-ITEM2 HE Municipal Code Changes-Definition
Questions
PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS AS PART OF WRITTEN
COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM.
Dear Planning Commission, Asst. Director Connolly and Planning Manager Piu,
Please see my questions and comments below regarding the “19.08.030 Definitions” section.
RE: Muni Code Changes – Attachment A – Draft MCA Resolution.pdf
Page 7 of 41 – 19.08.030: Definitions
“Base Zoning”
Q: What is it?
REQUEST: Please add definition of “Base zoning”.
“Duplex” – THANK YOU for adding that phrase!
“Congregate residence” – what are “lodging houses”? Are student dorms included?
Page 8 of 41 cont. Definitions
Chapter 19.112 is the ADU Regulations.
Q: What does this definition mean with respect to ADUs?
GENERAL QUESTION…In some recently built buildings in other cities, I’ve seen what appears
to be a building where the ground floor is built on the property line but the second floor and
above hangs over public airspace. This is concerning because having a public right-of-way
allows for future widening of the streets, addition of utility features, etc.
Q: Do these new changes to zoning prevent this from happening?
Q: Does the public right-of-way include airspace above it in all cases? If not, when does
it not?
Thank you,
Peggy Griffin
From:Peggy Griffin
To:City of Cupertino Planning Commission; Luke Connolly; Piu Ghosh (she/her)
Cc:City Clerk
Subject:2024-06-10 Planning Commission Mtg-ITEM2 - HE Zoning - ADD R1-a provision
Date:Monday, June 10, 2024 9:31:45 PM
Attachments:image001.png
image002.png
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PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING
AGENDA ITEM.
Dear Planning Commission, Asst. Director Connolly and Planning Manager Ghosh,
The proposed zoning changes to Muni Code 19.28.040 Table 19.28.040 make provisions for two (R1-e
and R1-i) of the 3 zoning overlay areas but neglected to include R1-a.
REQUEST: Please ADD the following provision to Chapter 19.28.040, Table 19.28.040 (K) for our R1-a
neighborhood as follows:
“Units located on parcels zoned R1-a shall meet the required front setbacks for R1-a zoning
district.”
The proposed changes to Chapter 19.28 to allow R2 on corner lots and on lots abutting commercial
corridors would impact 23 of the 68 homes in our Linwood Acres neighborhood:
The entire west side of Larry Way that abuts the Apple Infinity Loop property. (17 homes including
2 corner homes)
6 other corner homes
Our homes are on larger lots with 30-foot front setbacks, part of which is the public easement. If this
provision is not added, as homes are remodeled using the R2 provision, they will build to the 20-foot
front setback destroying the look of the neighborhood. It will become a hodge-podge of homes, some
at 20-ft and some at 30-ft. The homes using the 20-foot setback will look like monster homes and block
views of their neighbors. Of the provisions we have in our R1-a overlay, the 30-foot front setback is the
most important.
The purpose of these proposed Municipal Code zoning changes is to allow increased density that blends
into the existing neighborhoods. Near Lawson Middle School, there are homes that are R2 that are not
noticeably different than the area around them. PLEASE add this provision to help our neighborhood
transition successfully. You have provisions for R1-e and R1-i, please add this R1-a provision.
Sincerely,
Terry and Peggy Griffin
Randy Lane
From:Peggy Griffin
To:TedBe@hotmail.com; eauch@att.net; ankurkg@hotmail.com; lorraine eaneff; cvanhoy33@yahoo.com; Gary Matsunami;
"AndyChristel Mauffet-Smith"; Geoffrey Paulsen
Cc:City of Cupertino Planning Commission; Luke Connolly; Piu Ghosh (she/her)
Subject:FW: 2024-06-10 Planning Commission Mtg-ITEM2 - HE Zoning - ADD R1-a provision
Date:Monday, June 10, 2024 10:00:10 PM
Attachments:image001.png
image002.png
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Hi Randy Lane and Larry Way Neighbors,
I am sorry for this very late notice. There is a Cupertino Planning Commission meeting tomorrow,
Tuesday June 11, 2024 at 6:45 pm. They are reviewing the zoning changes that go with the Housing
Element changes the city passed recently. These zoning changes impact our R1-a! I just found out
today.
Housing Element Strategy HE-1.3.6 allows all R1 corner lots and homes that share a property line with a
commercial property (Apple) on major streets to become R2. All the R1-a provisions disappear for those
properties that go to R2. This can impact 23 of the 68 homes in our neighborhood:
The entire west side of Larry Way that abuts the Apple Infinity Loop property. (17 homes including
2 corner homes)
6 other corner homes
PLEASE spread the word to all those you know on Larry Way and Randy Lane.
PLEASE send email ASAP to ask that they preserve our 30-foot front setback. You can use any or all of
the text below but sign your own name.
SEND TO: PlanningCommission@cupertino.org; LukeC@cupertino.org; PiuG@cupertino.gov
COPY: CityClerk@cupertino.org
SUBJECT: 6-10-2024 Planning Commission Meeting Item2 – HE Zoning – ADD R1-a provision
SHORT VERSION OF EMAIL TEXT:
PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING
AGENDA ITEM.
Dear Planning Commission, Asst. Director Connolly and Planning Manager Ghosh,
The proposed zoning changes to Muni Code 19.28.040 Table 19.28.040 make provisions for two (R1-e
and R1-i) of the 3 zoning overlay areas but neglected to include R1-a.
REQUEST: Please ADD the following provision to Chapter 19.28.040, Table 19.28.040 (K) for our R1-a
neighborhood as follows:
“Units located on parcels zoned R1-a shall meet the required front setbacks for R1-a zoning
district.”
Thank you,
<your name>
<your street>
END OF EMAIL TEXT
This will also come to City Council but it is best to try and get the change in at the Planning Commission.
Sincerely,
Peggy Griffin
10727 Randy Lane
From: Peggy Griffin <griffin@compuserve.com>
Sent: Monday, June 10, 2024 9:31 PM
To: PlanningCommission@cupertino.org; 'Luke Connolly' <LukeC@cupertino.org>; 'Piu Ghosh (she/her)'
<PiuG@cupertino.gov>
Cc: 'City Clerk' <CityClerk@cupertino.org>
Subject: 2024-06-10 Planning Commission Mtg-ITEM2 - HE Zoning - ADD R1-a provision
PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING
AGENDA ITEM.
Dear Planning Commission, Asst. Director Connolly and Planning Manager Ghosh,
The proposed zoning changes to Muni Code 19.28.040 Table 19.28.040 make provisions for two (R1-e
and R1-i) of the 3 zoning overlay areas but neglected to include R1-a.
REQUEST: Please ADD the following provision to Chapter 19.28.040, Table 19.28.040 (K) for our R1-a
neighborhood as follows:
“Units located on parcels zoned R1-a shall meet the required front setbacks for R1-a zoning
district.”
The proposed changes to Chapter 19.28 to allow R2 on corner lots and on lots abutting commercial
corridors would impact 23 of the 68 homes in our Linwood Acres neighborhood:
The entire west side of Larry Way that abuts the Apple Infinity Loop property. (17 homes including
2 corner homes)
6 other corner homes
Our homes are on larger lots with 30-foot front setbacks, part of which is the public easement. If this
provision is not added, as homes are remodeled using the R2 provision, they will build to the 20-foot
front setback destroying the look of the neighborhood. It will become a hodge-podge of homes, some
at 20-ft and some at 30-ft. The homes using the 20-foot setback will look like monster homes and block
views of their neighbors. Of the provisions we have in our R1-a overlay, the 30-foot front setback is the
most important.
The purpose of these proposed Municipal Code zoning changes is to allow increased density that blends
into the existing neighborhoods. Near Lawson Middle School, there are homes that are R2 that are not
noticeably different than the area around them. PLEASE add this provision to help our neighborhood
transition successfully. You have provisions for R1-e and R1-i, please add this R1-a provision.
Sincerely,
Terry and Peggy Griffin
Randy Lane
From:Christine P. VanHoy
To:City of Cupertino Planning Commission; Luke Connolly; Piu Ghosh (she/her); City Clerk
Cc:Chris VanHoy
Subject:6-10-2024 Planning Commission Meeting Item2 – HE Zoning – ADD R1-a provision
Date:Tuesday, June 11, 2024 10:00:09 AM
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Dear Planning Commission, Asst. Director Connolly and Planning Manager Ghosh,
The proposed zoning changes to Muni Code 19.28.040 Table 19.28.040 make provisions for
two (R1-e and R1-i) of the 3 zoning overlay areas but neglected to include R1-a.
REQUEST: Please ADD the following provision to Chapter 19.28.040, Table 19.28.040 (K) for
our R1-a neighborhood as follows:
“Units located on parcels zoned R1-a shall meet the required front setbacks for R1-a
zoning district.”
Thank you,
Christine and Robert VanHoy
10556 Larry Way
====
Christine P. VanHoy
Look inside, and be an Everyday Hero!
From:Connie Cunningham
To:City of Cupertino Planning Commission; Piu Ghosh (she/her)
Subject:PC June 11 Re- zoning
Date:Tuesday, June 11, 2024 10:44:18 AM
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Dear Chair Fung, Vice Chair Lindskog and Commissioners:
Thank you to Staff for their fine work on the re- zoning changes to make the General Plan consistent with the new
Housing Element. It is exciting to see this next step coming to fruition.
Thank you for your time and effort reviewing the Staff Report and attachments.
I agree with Staff recommendation to approve and forward to Council in this next step toward HCD approval of the
Housing Element.
Best,
Connie Cunningham, Housing Commission, self only
From Connie's iPhone
From:Ankur Gupta
To:City of Cupertino Planning Commission; Luke Connolly; Piu Ghosh (she/her)
Cc:City Clerk; Pooja Gupta; Peggy Griffin
Subject:6-11-2024 Planning Commission Meeting Item2 – HE Zoning – ADD R1-a provision
Date:Tuesday, June 11, 2024 11:24:06 AM
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recognize the sender and know the content is safe.
Dear Planning Commission, Asst. Director Connolly and Planning Manager Ghosh,
The proposed zoning changes to Muni Code 19.28.040 Table 19.28.040 make provisions for
two (R1-e and R1-i) of the 3 zoning overlay areas but neglected to include R1-a.
REQUEST: Please ADD the following provision to Chapter 19.28.040, Table 19.28.040 (K) for
our R1-a neighborhood as follows:
“Units located on parcels zoned R1-a shall meet the required front setbacks for R1-a
zoning district.”
Thank you,
Ankur & Pooja Gupta
10726 Larry Way, Cupertino
From:Hickey, John
To:City of Cupertino Planning Commission
Cc:Ebrahimi, Kevin; Piu Ghosh (she/her)
Subject:Planning Commission Meeting, June 11, 2024: Agenda Item 2 (MCA-2023-001, SPA-2023-001, CP-2024-002, Z-
2024-001, EA-2024-001)
Date:Tuesday, June 11, 2024 2:48:09 PM
Attachments:Letter re Proposed Municipal Code Amendments - 20240611.pdf
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Chair Fung and Members of the Planning Commission,
SummerHill Homes respectfully submits the attached comments regarding Item 2 on the Planning
Commission’s agenda for June 11, 2024.
Thank you.
John Hickey
Vice President of Development
SummerHill Homes
777 S. California Avenue, Palo Alto, CA 94304
Desk (650) 842-2360 • Mobile (650) 303-0992
jhickey@shhomes.com
shhomes.com
All subject matter contained in this email is confidential and proprietary to SummerHill Homes LLC and should not be disclosed to any person not listed
as an original recipient. SummerHill Homes LLC. All rights reserved.
777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com
June 11, 2024
Via Email: planningcommission@cupertino.org
Planning Commission
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
RE: Municipal Code, Specific Plan, Below Market Rate Mitigation Manual and Zoning Map
Amendments related to implementing the 6th Cycle Housing Element
Application No.(s): MCA-2023-001, SPA-2023-001, CP-2024-002, Z-2024-001, EA-2024-001
Dear Chair Fung and Members of the Planning Commission,
Thank you for the opportunity to submit comments on the proposed amendments to the Municipal
Code, the Heart of the City Specific Plan, the Below Market Rate Mitigation Manual and the Zoning Map
related to implementing the 6th Cycle Housing Element.
SummerHill Homes is a local company that has been building communities of distinction in the Bay Area
for almost 50 years. SummerHill has built more than 6,800 homes in 81 communities, including more
than 1,500 townhouse-style homes. SummerHill has a deep understanding of the challenges and
opportunities for homebuilders seeking to develop townhouse-style communities, particularly in cities
like Cupertino where the costs of land and construction are high.
With that background, SummerHill Homes respectfully submits the following comments with regard to
proposed chapter 19.46 (Townhome (TH) Combining District) and related amendments to the Municipal
Code regarding townhomes.
1. Expand the Definition of Townhome to Allow Partially Stacked Units
SummerHill recommends that the proposed definition of “townhome” or “rowhome” in Municipal
Code section 19.08.030 be expanded to allow units that are partially located over other units,
subject to the requirement (as currently proposed) that each unit have its own ground-floor access
to the outside. For example, in a number of recent projects, SummerHill has built townhome-style
homes where each unit has an individual attached garage (with direct interior access) and an
individual ground-floor front door, but for some of the units the interior living spaces of the units
partially overlap. The partially overlapping units look like townhomes from the outside and live like
townhomes on the inside, but rather than having two floors of living area above the garage, each
unit has only one story of living area above the garage — either the second floor or the third floor,
accessible by an interior stairway.
Planning Commission
June 11, 2024
Page 2
777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com
One of the great advantages of this type of partially overlapping design is that it gives homebuilders
the opportunity to offer two-bedroom homes to homebuyers who do not want (or cannot afford) a
three- or four-bedroom home, without sacrificing efficient use of the underlying land. We would be
happy to show you examples of this style of unit.
2. Increase the Maximum Floor Area Ratio
SummerHill recommends that the maximum FAR for the TH Combining District be increased from
70% of net lot area to at least 110% of net lot area. For sites subject to a minimum density of 20
units per acre, it is not feasible to develop townhomes at an FAR of only 70%. At a minimum density
of 20 units per acre and a maximum FAR of 70%, each townhome would have no more than 1,125
square feet of living area (including stairways).1
Based on a survey of townhomes sold in the past five years, the average size of a townhome in
Cupertino is approximately 1,350 square feet of living area. For two-bedroom townhomes in
Cupertino, the average size is approximately 1,150 square feet of living area. For three- and four-
bedroom townhomes in Cupertino, the average size is approximately 1,550 square feet of living
area. By contrast, 1,125 square feet of living area would only allow enough room for a cramped
two-bedroom townhome, at most.
3. Raise the Height Limit
SummerHill recommends that the maximum height limit for the TH Combining district be increased
to at least 37 feet in order to allow for traditional styles of architecture with peaked roofs. The
Municipal Code defines building height as the maximum vertical distance from the peak of the roof
to the grade below. For a three-story building with 9-foot ceiling heights and a 4:12 roof slope —
both of which are typical in the homebuilding industry for townhomes — the minimum height of a
townhome building would be approximately 36 feet, plus the additional height of the foundation to
accommodate stormwater drainage across the site.
4. Clarify Proposed Sections 19.46.040, 19.46.060 and 19.46.070
SummerHill recommends that proposed section 19.46.040 be revised to clarify that it is intended to
refer only to the requirements and procedures regarding Development Plans as established in
sections 19.36.040 and 19.38.040, not the requirements of chapters 19.36 and 19.38 generally.
While the intent of section 19.46.040 might seem clear given its section heading, section 1.01.050 of
the Municipal Code does not allow section headings to be taken into account. Therefore, we
recommend that proposed section 19.46.040 be revised to include a reference to Development
Plans in the text of the section.
With regard to proposed section 19.46.060, SummerHill recommends that Row B in Table 19.46.060
be revised to clarify that “Maximum Lot [] Width” refers to the width of a lot on which no more than
one townhome unit is located (e.g., where each townhome unit includes “fee simple” ownership of
the underlying land), as distinct from a lot on which multiple townhomes are located (e.g,. where
each townhome unit is created by a condominium plan and multiple attached townhomes are
1 Enclosed garages count towards floor area (Municipal Code § 19.08.030(F)), and each enclosed garage must have
a minimum area of 400 square feet (Municipal Code § 19.124.030).
Planning Commission
June 11, 2024
Page 3
777 S. California Avenue, Palo Alto, CA 94304 phone 650.493.4040 fax 650.857.1077 SHHomes.com
located on a single lot). As Row B is currently drafted, it could be construed to mean that
townhome projects must comply with both the “maximum lot width” and the “maximum air parcel
width,” which would not be practically possible for townhome projects that are mapped as
condominiums.
With regard to proposed section 19.46.070, please note that the table of Building Development
Regulations appears to be mis-labeled as Table 19.36.080 rather than as Table 19.46.070.
SummerHill will continue to analyze the potential impacts of the City’s proposed amendments to
implement the 6th Cycle Housing Element. We would be happy to meet with City staff to discuss our
comments further.
Sincerely,
John Hickey
Vice President of Development
cc: Piu Ghosh, Planning Manager, City of Cupertino
Kevin Ebrahimi, Senior Vice President of Development, SummerHill Homes
From:Jennifer Griffin
To:City Council; City of Cupertino Planning Commission; City Clerk
Cc:grenna5000@yahoo.com
Subject:Outrageous Rezoning of the City Of Cupertino
Date:Tuesday, June 11, 2024 3:50:46 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear City Council and Planning Commission:
I have been reviewing the changes in rezoning and building standards that are being forced
Upon the city of Cupertino by HCD and the Sixth Cycle Housing Element.
As an adult, I cannot believe the liberties HCD is taking with my citizen. There is such a new
Level of rezoning baggage and nonsense in this Planning Commission meeting document
Tonight that I am appalled at what HCD (or some part of HCD) is doing to my city. It is
Highway robbery.
I don't blame the staff and consultants. A job is a job. They did the best they could with this ridiculous song
And dance HCD has been doing with certifying the Housing Elements. It is like a soap
Opera. Is HCD mad at Cupertino? Will they sic Yimby Law on the city? Will people call the
People living in Cupertino bad names and accuse them of not caring about people? How can
HCD rezone parts of the city to the highest density possible and get away with it, especially using
Bad Data to start with? How can HCD unstem STEM and use it for nefarious purposes?
So HCD won't certify Cupertino and then when HCD is running out of time to certify Northern
California, Cupertino gets a letter from HCD (or whoever is running HCD) that they will certify
Cupertino, but they have to rezone everything in the city within X amount of days.
And I mean, super high densities. And the kicker is, once that land is rezoned for high density
Housing zoning, the land can never be rezoned back to non-housing if the city needs parks or
Retail. The property owner gets their property upzoned for high density housing and makes
More off the property immediately, the minute the city rezones it. There is also no incentive
To ever build because each time the property is up-zoned it becomes worth more and more
Money. May as well sit on the property for speculation etc.
I understand completely why the State Audit Committee voted last month in unison to have
An audit of HCD and the Sixth Cycle Housing Element. What ever happened to HCD in the
Sixth Cycle, the intent is to rip off and deceive the public and call the public stupid. The
Sixth Cycle Housing Element has been a drag on the state as a whole, including Cupertino,
Wasting our time and money and trying our patience and resolve.
The only thing I have gotten out of the Sixth Cycle is that I consider myself bi-cultural since
My mother taught me to speak Spanish at home as a toddler. That is no small matter.
Believe me, if the CVRA attorney sues my city on certain principles I will tell him he is
Wrong to his face in Spanish.
Best regards,
Jennifer Griffin
From:Cupertino ForAll
To:City Clerk; City of Cupertino Planning Commission
Cc:Piu Ghosh (she/her); Luke Connolly; Benjamin Fu; City Council; David Fung; Seema Lindskog; Tejesh Mistry
Subject:CFA Commentary Regarding the Draft MCA Resolution
Date:Tuesday, June 11, 2024 6:37:01 PM
Attachments:PC- Draft MCA - 06.11.24 - Letter - CFA.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello,
Please see the attached commentary regarding Item 2 on today's Planning Commission
Meeting Agenda.
Regards,
Steering Committee
Cupertino for All
June 11, 2024
Planning Commission,
10350 Torre Avenue Cupertino, California 95014
RE: Planning Commission - Agenda Item 2 - Draft MCA Resolution
Dear Planning Commission and to whom it may concern,
Thank you for expediting the rezoning process given the City’s short timeline.
However, we were surprised and disappointed to see that the proposed changes do
not reflect an ambitious program we had hoped for, but instead, the draft seems
aimed at achieving minimum compliance rather than laying the foundation for a
Housing Element that truly facilitates housing development and provides flexibility
amidst challenging current market conditions in order to truly promote affordable
homes for all income levels.
Specifically, we would like to highlight the following concerns:
1. Height Limits : The 5-story limitation on new R4 zoned parcels is unnecessary,
given the 70-foot height limit. This story limit should be removed to avoid
imposing needless constraints.
2. Restrictive Zoning - Unnecessary Setbacks and Parking Standards : The
initial implementation of Strategy HE 1.3.6 is extremely disappointing. It fails to
support those wishing to develop duplexes in single-family zones due to
unresolved issues in our R2 zoning districts. These issues include restrictive lot
coverage (40%) and setbacks-which should be adjusted to a simple 5-foot
minimum on each side for interior lots-as well as the high parking standards,
which remain unaddressed. The document does not appear to modify R2
zoning standards effectively; instead, the draft imposes new, unnecessary
restrictions on duplex definitions, limiting size differences between units (200
square feet) and FAR restrictions that do not exist in the current zoning code.
3. R3 Standards : R3 standards should also be improved by removing story
restrictions, reviewing the height limit (a modest increase to at least 35 feet,
expanding the lot coverage standard (40%), and expanding or abolishing the
FAR restriction altogether.
4. Parking Standards : We urge further modifications to parking standards.
Parking continues to be one of the greatest barriers for the actual building
cost of affordable housing and is not in alignment with the ambitious climate
change mitigation goals that Cupertino believes in, such as the Climate Action
Plan 2.0, and moreover, contradicts the spirit of CAP 2.0 Updates that called for
revising parking standards.
Without these essential changes, particularly those related to Strategy HE 1.3.6 and
the associated R2 standards, this zoning code update fails to address the moment
and significantly misses the mark on AFFH (Affirmatively Furthering Fair Housing).
We request that staff incorporate these changes into the document before it is
presented to the Council next month. This will ensure that we, along with the rest of
our community, can support it.
Regards,
Steering Committee
Cupertino For All