Director's ReportCUPERTINO CITY HALL
10300 TORRE AVENUE
CUPERTINO, CA 95014
TELEPHONE (408) 777-3308
FAX (408) 777-3333
CUPERTINC)
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Director,,~-
Planning Commission Agenda Date: Tuesday, June 23, 2009
The City Council met on Tune 16, 2009, and discussed the following item(s) of interest to the
Planning Commission:
1. 2009/10 Budget - Council adopted the budget with the following changes:
- Reduce playground safety audit ($8,500)
- Reduce annexations ($10,000)
- Reduce building abatements ($15,000)
- Reduce building maintenance for Quinlan ($20,000)
- Reduce building maintenance for Senior Center ($18,000)
- Reduce school field maintenance for Lincoln ($22,000)
- Reduce school field maintenance for Garden Gate ($28,000)
- Add website search engine $30,000
- Add leadership 95014 $12,500 (Carol to find monies)
- Add cabling project $50,000
- Add walk/bike to school program $50,000
- City Manager to find 8,500 from shortfall
- Include $580,000 out of recreation fund for Linda Vista water feature and dog park project
Follow up items include:
- Make sure 9 school fields are included in park land features
- Add info in Scene that school fields can be used after school hours
- Next time do land-use citywide notification, reference website for updates and start database for those who will
accept a-mail
- More info on crossing guard contract, scheduling, etc.
- What programs does the Sheriff's Office provide for youth
- Meet with HOA next to Sports Center to see what concerns there are, if any, regarding lighting the additional 5
tennis courts
- School sports field maintenance agreement
Review crossing guard contract for operational savings possibilities
2. Housing Element -Council Forwarded the Draft Housing Element with a site inventory that
contains sites 1-9 on Tier 1, the former Morley Bros. Site, Glenbrook Apts., The Villages at
Cupertino and the three parcels containing 10670-10700 N. Tantau Ave (provided the property
owner is willing to pay for the soil testing on the property). The realistic yield would be a 10%
decrease in the site analysis chart as opposed to a 15 % decrease. Site 14 will be a backup site
should the property owner for 10670-10700 N. Tantau Ave. not agree to pay for the soil test. If
site 14 is submitted to HCD on the inventory of available sites, the realistic yield will reflect the
15% decrease (see the attached revised site inventory worksheet).
,~-
Report of the Community Development Director
Tuesday, June 23, 2009
Page 2
3. Growing_Tree Learning Center -Council approved the application with the existing PC
recommendations and the following two additional conditions:
- Allow Commercial only in the front part of the building
- Extend existing curb along new fencing to the east of the play area
4. One Year Extension for 10100 Tantau Avenue -Council authorized the extension of U-2007-03,
EXC-2007-07, and TR-2007-03 (Rocktino Fee, LLC) for a retail building and parking garage
project at an existing office site to August 21, 2010.
5. 1 Results Way -Council continued this item to July 21, 2009
Miscellaneous Items:
1. River parkways Grant Status -The City Manager's office submitted a joint application for
Prop 84 funds for Phase 2 of the Stevens Creek corridor in November. We also applied for
both a California River Parkways grant and an Urban Streams Restoration grant. Our request
is for $1.265M. The application package was over 160 pages. We submitted additional
supporting material in March, and the good news is that we have been informed that our
package is deemed complete.
2. Public Outreach Meetings for Cupertino & Saratoga Residents -The County of Santa Clara
Planning office held a second public meeting on the Lehigh Hanson Cement Plant and the
Permanente Quarry on June 11 at the Saratoga Community Center. The purpose of the
meeting was to allow residents of both cities to receive the updated information on air
quality regulations and upcoming monitoring by State and Federal agencies, as well as
information regarding the reclamation plan amendment for the Permanente Quarry.
3. Legislative Proposal to Address Budget Shortfall -Attached is a copy of the legislature's
plan to relieve us of some of our revenue.
4. KaBoom! -The Ka Boom project was Saturday, 6/6, was a huge success. Neighbors who
have been concerned about the corridor project were converted, De Anza students
participated in substantial number, service clubs (especially Rotary) were wonderful and, in
general, community was built. And we got a park out of the deal.
This effort was Mark Linder's vision, and he was the prime mover behind it. Once he got the
ball rolling, the community jumped in with both feet. Mark contacted KaBoom! in May to
discuss building a playground. KaBoom was interested and outlined what was needed. In
-June, while meeting with a group of students at De Anza, he talked about the possibility of
building a playground in one day. The students and faculty advisor asked to be included.
Rotary became involved in early 2009, contributing $10,000 and providing most of the
leadership. In April, Council approved the agreement with KaBoom! Twenty children
D~-z
Report of the Community Development Director
Tuesday, June 23, 2009
Page 3
helped design the playground in April. Three hundred and eighty volunteers participated
on Build Day. Work began at 9 A.M. and the ribbon-cutting occurred at 2:30 P.M.
5. Green Building Collaborative -The Santa Clara County Cities Association wanted to
encourage local government green building standards through a coordinated county-wide
effort. It selected Silicon Valley Leadership Group to convene a group of public agency
stakeholders, now called the Green Building Collaborative, to design a regional approach to
green building. Completed in November 2007, the first round of green building standards
identified firm goals for municipal buildings, and set a procedure for working toward
upgraded standards for commercial and residential buildings:
- All construction and renovation projects of municipal building larger than 5,000 square
feet will aim to meet LEED Silver standards.
- The cities will use the U. S. Green Building Council's LEED® Rating system and Build It
Green s Green Point Rated system. A common set of standards relieves cities from
developing their own standards, and provided consistency for builders.\
- For commercial and residential buildings, cities will require a Green Checklist as part of
the planning application. The applicant is not required to adopt green building practices
but the checklist educates applicants about green building and enables the city to
benchmark green building practices.
These recommendations were adopted by all cities and the county as of February 2009, with
an idea to work towards stronger green building policy.
6. Zecon Solar -Erin and I met with Mahesh Nihalani and Sriphani Vissamraju, founder of
Cupertino-based Zecon Solar and the Semiconductor. Zecon Solar, a member of the
Cupertino Chamber of Commerce, is a Cupertino-based solar company. Solar Breeze
Technology is the only other Cupertino solar company we know about. Zecon was
originally launched in India, though the country lacked California's financial incentives
which are usually required for the renewable energy companies to achieve adequate market
penetration.
Upcoming_Dates of Interest:
July 4 Blackberry Farm/Stevens Creek Restoration Project Grand Opening, l2 - 4 pm
Ju113-Aug 7 Nomination Period open
Nov 3 Election Day (no Council meeting, Council may consider an alternate date)
Enclosures:
Housing Element -Revised site inventory worksheet
Legislative Proposal to Address Budget Shortfall
Staff Reports
G: ~ Planning ~AartiS ~ Director's Report ~ 2009 ~ pd6-23-09.doc ~~ -
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LEGISLATIVE PROPOSAL TO ADDRESS BUDGET' SHORTFALL
KEYP'EA~'URES
• P.ERMANEN7'ANNUAL 5°ro REDEVELOPMENT TAX INCREMENT ERAFSHIFT
• RDA's HAVE 90 DAYS TO "4PT OUT" O.~' EXTENSIONS
• DEPT. OF :FINANCE. ANNUAI.L Y D ERMINES ERAF SHIFT'S GENERAL FUND BENEFIT
• BOND COMMITTEE OR A UTHORITY ESTABLISHED TO ISSUE BONDS
• CONTROLLER ANNUALLY TRANSFERS THE GENERAL FUND BENEFI7'AMOUNT FROM THE
GENERAL FUND TO A SPECIAL FUl'VD ESTABLISHED BY THE TREASURER
• ANNUAL TRANSFER TO SPECIAL FUND IS INCOME STRAM FOR BOND DEPT SER VICE
• INCOME S 1'RR'AAI SZTPPC)RTS APPROXIMA'I'LEY 3. S BILLION IN BOND ~'ROCEEDS TO APPL Y
TO CURRLNT BUDGET SHORTFALL
• REDEVELOPMENT' PLANS EXTENDED IN EXCHANGE FOR ERAF SHIFTIC'APS ELIMINATED
suNr~zAx~
• Commencing FY:09-10 rind' each. F'Y thereafter, the respective county auditors (or officers responsible
for payment. of redevelopment tax increment} deposit to the county's ERAF 5°~0 of the net tnx incr°emerxt
allocated. to redevetopmentagences in that fiscal year.
• Commencing in FY 09-1.0 arxd eaclx FY thereafter, the Department of Finance .determines the dollar
bereft to the State general fund from the ERAF shift.
• A Bond Committee or Authority is established with power to issue bonds (like many other existing
-Bond. Committees or Authorities established by California law, e.g., Economic Recovery Financing
Committee, Water Conservation Finance Committee, California Alternative Energy & Advance
Transportation :Financing. Authority, California Fiscal Recovery Financing Authority, etc.
• A special fund is established in the State Treasury (the "Special Fund°').
• Commencing in FY Q4-I0 and each FY thereafter, the Controller. transfers from the general fund to the
Special Fund the an~owrt determined by Department of Finance as the general. fulid benefit from 11RAF
shift. The Treasurer deposits that anxaunt into the Special .Fund for payme~it of principal and interest on
tl7e bands, reserve, related costs, and administrative expenses of the ConimitteelAuthority and flee Fund.
If the full. amount. of the general fund benefit is not.needed in a FY for debt service and costs, remaining
portion. of benefit stays with the general fund.
• Based on current and projected. tax increment allocations, the 5°f~ ERAF shift and resultant general fiend
benefit acid trai7sfer to the Special Fund produces an income stream to support debt service, reserve,
administrative, and costs of issizance for bonds of approximately $3.S Billion = 30 yearn or x'4;5 Billion
= 4Q nears to be used by the State far reduction of the current budget shortfall.
Legislature finds and declares that. the proceeds of tl~e sale of the bands are not "proceeds of taxes" as
used in Article XIII V ofthe California Constitution.
• in exchange for redevelopment agencies perrnanerxtly losing the allocation of a sizable portion of their
tax increment, (i} the duration of the redevelapnient plans existing on the effective date of the statute
inxRlerrrentng this proposal would. be extended. and. the tax increment receipt limit for those plans would
be established as 10 years beyond that new plan. duration tenninatian date, and (ii} existing limits on the
amount of tax increment an agency inay be allocated. and the amount. of bonded indebtedness an agency
may Have outstanding at any one dine would be eliminated. ER Redevelopment plans adopted after tl~e
effective date of the statue implementing this proposal,. however, would not have. extended. durations but
would be subject to the current tiziae limits imposed an past-AB 1:290 redevelopment plazas.
D2- (~
ADVANTAGE ()F PEI211/IAI~IENT 5°la ERAF S.~IF'~'
• Mudd billion dollar current budget year solution involves no state budget
cuts or tax increase. Nat borrowing, tl-ese are new, out year dollars.
• ERAF mechanism currently in place. Medicated state bonding authority
used. many times {tobacco tax securitizaton, VI1F securitization)
Requires all existing pass through agreements with other taxing agencies to
be honored {counties, schools, park districts, fire districts, open space, etc)
• Budget scaring precise because tax; increment numbers reported annually to
Controller. RD-A spending caps eliminated
s By permanently shifting 5°fo to debt service, state general fund 6ienefits and
property tax revenues stay in the County they were collected
• Revenues pledged to state band issuance are new, out year dollars, and do
not require local or state program cuts to finance. I'~o statewide vote
requirement
• If not extended, RDA funds eventually wilt flaw to Counties, but these are
funds they have not had for 40 years, sa no impact an current County
budgets
• Because RDA's continue to collect tai increment far 1(3 years beyond their
Iife span for debt limit, these are funds that would not flaw to the Counties
for atleast 15 years from today
• Redevelopment agencies are not covered under Prop lA and therefore do not
have fix be repaid by the State general fund.. creating additional budget
pressure in two years
• Legislature has extended .RDA's without a new finding of blight many times
{BurtoulSan Francisco, Mark Ridley Thamas/LA). The ERAF shift and the
"triple flip" extended the Life of every RDA in California without a new
finding of blight
+ 30 or 40 year extension. continues requirement far 20% Iaw/moderate income
housing seat aside ~suring these programs continue
" • 40 year extension allows ERS's to be paid off freeing up billions of ongoing
cash flaw to the general fund -~
• RDA extension will result in the largest public works ezpansian in
California's history as agencies jump start infrastructure projects that have
been on their books and waiting far funding
Controversial RDA abuses in the past have. been reformed by Legislature.
Past practices of land subsidies, eminent. domain abuse, and stealing sales tax
generators Gave all been curbed by statutory, faxes
• RDA extension keeps in place the only meaningful economic development,
jab creation, and elimination of'blight agencies in the past
~~ - ~7
COMMUNITY DEVELOPMENT DEPARTMENT
CUPERTINO
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
Summary
Agenda Item No: 18
Agenda Date: June 16, 2009
Application Summary:
Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05, City of
Cupertino, Citywide (continued from May 5):
a) Adopt a draft 2007-20.14 Housing Element and forward to the State Department of
Housing and Community Development (HCD)
Recommendation:
Staff recommends that the City Council review the 2007-2014 Draft Housing Element including
the Policy and Goals section, the Housing Resources section and the Tier 1 Sites Inventory and
direct staff to forward the draft Housing Element to HCD for review.
Background:
The City Council began reviewing the sites at the June 2, 2009 City Council meeting and
directed staff to analyze additional sites on North Tantau and look at potentially underutilized
land on existing apartment sites. At the June 10, 2009 Council study session, staff returned with
a list of sites, suggested by Council members, that staff believed would meet HCD requirements
and a list of sites that staff did not believe would meet HCD requirements.
Of that list, Council agreed that Glenbrook Apartments, The Villages at Cupertino and the
former Morley Brothers site could be moved to the Tier 1 list. This 334 units shown on
Attachment B along with 296 units located in the Heart of the City which are currently listed in
Tier 1 equal 630 units. This leaves a balance of 87 units needed to meet the RHNA balance of
717 units. Council then gave staff a list of sites that needed additional analysis which could be
rezoned and submitted to HCD on the list of available sites.
The sites discussed were as follows:
• 10300 and 10400 N. Tantau Ave.
• 10670 N. Tantau. Ave.
• 19020 Pruneridge Ave.
• 20705 Valley Green Dr.
Out of the four sites that staff performed further analysis on, only two could potentially meet the
HCD requirements for being listed as an available housing site - 20705 Valley Green Dr. and
10670 N. Tantau Ave. (highlighted on Table F.4). The properties located at 10670 and 10710 N.
Tantau are vacant and the leasing agent for the property has told staff he does not have any leads
be- S
Consider General Plan Amendments, Application Nos. GPA-2008-O1, EA-2009-05, City of Cupertino, Citywide (continued from May 5):
a) Adopt a draft 2007-2014 Housing Element and forward to the State Department of Housing and Community Development (HCD)
June 16, 2009
on future tenants. Staff will continue to research this property and will provide a verbal update at
the June 16, 2009 City Council meeting.
As for the other listed properties, both 10300 and 10400 N. Tantau are owned and fully occupied
by Apple and have had significant tenant improvements valued at over $5,000,000. The value of
the tenant improvements along with the value of the building make it unlikely that HCD would
consider this property likely to redevelop in the next five years. Staff also contacted the leasing
agent for 19020 Pruneridge Ave. to confirm the property was fully leased and occupied. The two
buildings located on this site are leased by Cisco and Satellite Dialysis which have long term
leases.
Additionally, staff also reviewed a list of apartment complexes provided by citizens for
additional potential (see Attachment B). It does not appear the three complexes suggested would
meet the requirements since they do not have any large green spaces where units can be added.
Prepared by:
Vera Gil, Senior Planner
Reviewed by:
2 of 2
Kelly I ine
Economic Development
Submitted by:
arti Shrivastava, Director of
Community Development
Approved for submission to
Cou il:
David W. Knapp
City Manager
the City
Attachments:
Attachment A: Table F.1
Attachment B: Table F.4
~2- a
g:\planning\pdreport\cc\2008\gpa-2008-Olcc l .doc.docx
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
CUPERTINO
SUMMARY
Agenda Item No.
Application: M-2009-03
Applicant : Suna Lai
Owner: Cupertino Stevens, LLC
Property Location: 20100 Stevens Creek Blvd #160
Meeting Date: June 16, 2009
APPLICATION SUMMARY:
Modification of a Use Permit (49-U-87) to allow fora 4,900 sq.ft. day care
preschool and learning center in an existing office building located along the
south side of Stevens Creek Blvd.
The City Council has the final approving authority since the original use permit
was approved by the Council.
BACKGROUND:
On ~ November 9, 1987, the City Council approved an Use Permit (49-U-87)
allowing the conversion of an office/warehouse building to office/commercial
(Attachment A). The approval consisted of 5,500 sq. ft. of commercial use and
5,800 sq. ft of office use. The applicant, Suna Lai (representing Growing Trees), is
requesting approval to modify the existing use permit to allow a
daycare/preschool facility at the site.
RECOMMENDATION:
The Planning Commission recommends that the City Council approve the
modification request (M-2009-03) to allow the daycare preschool and learning
center.
pR-_ i0
Application: M-2009-03 June 16, 2009
Page 2
DISCUSSION:
Planning Commission: The Planning Commission reviewed this project on May
12, 2009. The Commission supports the project with the following key changes
and/ or comments:
~ Revise the site plan to indicate main pedestrian/ drop-off entrance from
the southwest corner of the parking lot to create a safer travel route for
parents dropping off kids. The applicant has revised the plans (see
diagram below) to reflect this change.
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PIANT@t
Puruar~aN
~A9fMU1LT P11VN0
>lCDI
AVB/0
I I
I I
I ~STRUCrunE I
I 1
NEW CuRe a
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PMI®i0 ~• ^
~~r t
(Ey ew HKVI coNc
~~
NEW BW'HpH A~fµ.
PIC1~T FENCE, 9EE
oET~ a
~ Allow the daycare/preschool operate until 6:30 PM per the applicant's
request
~ The final fencing, landscaping, parking, garbage enclosure and play
equipment details shall be reviewed and approved by the Director of
Community Development.
Please refer to the May 12, 2009 staff report for the detailed discussion
(Attachment B).
~~Z - ~. i
CITY OF
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
SUMMARY
Agenda Item No. Agenda Date: Tune 16, 2009
Application: DIR-2009-06, DIR-2009-07, DIR-2009-08 (CONSENT)
Applicant: Alanna Schroeder, Four Corners Properties on behalf of Rocktino Fee
Owner: Rocktino Fee, LLC
Location: 10100 N. Tantau Avenue
Northeast corner of Stevens Creek Boulevard and N. Tantau Avenue
APN 316-19-061
APPLICATION SUMMARY:
• Authorize a request for a one year extension for the Use Permit (U-2007-03) for a
retail building and parking garage project at an existing office site to August 21,
2010, Application No. DIR-2009-06
Authorize a request for a one year extension for the Architectural & Site Approval
(ASA-2007-05) and Exception to the Heart of the City Specific Plan (EXC-2007-08) for
a retail building with a 32-foot setback along Stevens Creek Boulevard and N.
Tantau Avenue, and parking garage project at an existing office site to August 21,
2010, Application No. DIR-2009-07
Authorize a request for a one year extension for the Tree Removal Permit (TR-2007-
03) in conjunction with an approved retail building and parking garage project at an
existing office site to August 21, 2010, Application No. DIR-2009-08
RECOMMENDATION:
Staff recommends that the City Council grant the one-year time extension for the use
permit, architectural and site approval, exception to the Heart of the City Specific Plan,
and tree removal permit that would extend the approvals to August 21, 2010.
BACKGROUND:
On August 21, 2007, the City Council approved a use permit, architectural and site
approval, tree removal permit, exception to the Heart of the City Specific Plan for front
yard setbacks, and tentative map (See Attachment A) to allow the development of a
one-story 10,582 square foot retail commercial building on the northeast corner of
Stevens Creek Boulevard and N. Tantau Avenue, and aone-level parking garage at the
rear of the project site adjacent to Interstate 280.
~~- 13
DIR-2009-06,07 & 08
Extension of permit approvals for 10100 N. Tantau Avenue June 16, 2009
Page 2
Due to economic conditions, the applicant (Four Corners Properties) is requesting a
one-year extension of these approvals from August 21, 2009 to August 21, 2010 (See
Attachment B). The applicant is not requesting an extension of the tentative map, since
the tentative map approval does not expire until August 21, 2010.
DISCUSSION:
City ordinance (Cupertino Municipal Code sections 19.124.100 and 19.134.100)
authorizes the City Council to extend project permits for a maximum of one year,
without a public hearing. Therefore, the applicant's request is being presented to the
Council as a consent item.
Prepared by: Aki Honda Snelling, AICP
Submitted by:
C,,af~ ~ao
City Planner
~,
Aarti Shrivastava
Director of Community Development
Approved by:
David W. Knapp
City Manager
Attachments
Attachment A: Council action letter approving project on August 21, 2007 w/Plan Set
Attachment B: Request letter from Four Corners Properties
~D~ - j..t