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Director's ReportCUPERTINO CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014 TELEPHONE (408) 777-3308 FAX (408) 777-3333 C O P E RT t N O DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director~f''" Planning Commission Agenda Date: Tuesday, September 8, 2009 The City Council met on September 1, 2009, and discussed the following item(s) of interest to the Planning Commission: 1. Metropolitan s Removal of Two Public Easements -City Council approved the application per Planning Commission s recommendation. Miscellaneous Items: 1. Home Enemy Auditing Service -Since January of this year, the City has been contracting with Acterra to offer Green@Home, a home energy auditing service that sends trained local volunteers to meet with residents to install simple energy- and cost-savings devices and create a home energy conservation plan. Residents that use the program can, on average, save $400 a year and cut their homes' C02 emissions by over 20%. Currently, Cupertino has over 30 trained volunteers for this program. These volunteers are responsible for the 25+ Cupertino audits that have been conducted to date. This is a free service for residents and we plan to be able to meet all requests for audits. 2. Air District Seeks Public Comment on Lehigh's Title VPermit -The Bay Area Air Quality Management District (BAAQMD) is proposing to issue a renewal Title V Permit for Lehigh Southwest Cement Company. The Title V Permit is a compilation of all air quality requirements including emissions limits and standards, monitoring, record keeping, and reporting requirements. The Title V Permit renewal is required every five years, subject to public notice and EPA review. The District is seeking input from the public on this permit by submitting written comments to the district and by commenting in person at a public hearing Thursday, September 17~ at Quinlan Community center from 6:30 PM - 9:00 PM. Attached is the flyer. 3. Housing Element -Staff received the Review of the City of Cupertino's Draft Housing Element letter on August 271. The Review Letter is calling for further analysis of non-vacant sites and potential governmental constraints, as well as clarification of some zoning ordinances. Bay Area Economics and staff are currently working on a reply to the Review Letter which should be completed and sent to HCD within two weeks. p -~ - ~ "~ Proposed Rene~va I Tit#e V Permit for Lehigh Southwest Cement Company/ Date: ~hursda~, Sept. 17, 2004 ~ A Y AREA Place: Quinlan Comrnun'rty Center Cupertino Roam AIR~UALITY 10185 N. Stelliing Road Cupertino, CA 95014 MANAGEMENT Time: 6:30 P~'1J1- 9:00 PM ~ I S T R I G T Air District staff will be available from 6:00 PM to 6:30 PM to discuss the Title V Permit Renewal informally and answer any questions. The Bay Area Air Quality Management District is proposing to issue a renewal Title V Permit for Lehigh Southwest Cement Company (formerly Hanson Permanente Cement), located at 24001 Steven Creek Blvd., Cupertino, CA 95014. The Title V Permit is a compilation of all existing applicable air quality requirements including emissions limits and standards, monitoring, record keeping, and reporting requirements. The Title V permit renewal is required every five years subject to public notice and the EPA review process. The District is seeking input from the public on this proposed permit. The public is invited to submit written comments to the District, and also to comment in person at the public hearing. Written comments should be mailed to Thu Bui, Senior Air Quality Engineer, Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA, 94109 via U.S. mail, or e-mailed to ti~ui[woaacrnd.~c~~, or faxed: (415) 749-5030 and must be received by ©ctaber 1, 2E11y9. Further information is available by contacting Ms. Bui by e-mail or phone (415) 749-5119, and on the District's website at °.ti :r.~,~r.caaLr~a_~o;. Para obtener la information en espanol, comuniquese con Brenda Cabral en la sede del Distrito, (415) 749- 4686, c~L-a:a~ a4r-,- --~~, ~ `~3 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 CUPERTINO SUMMARY Agenda Item No. Meeting Date: September 1, 2009 Application: M-2009-06 Applicant: Elaine Chong (Metropolitan at Cupertino HOA) Owner: Metropolitan at Cupertino HOA Property Location: 19501, 19503, 19505 & 19507 Stevens Creek Boulevard Environmental Determination: Categorical Exemption APPLICATION SUMMARY: Modification to a Use Permit (U-2003-04) to remove the Public Pedestrian Easement at the Metropolitan at Cupertino condominium complex. RECOMMENDATION: The Planning Commission recommends that the City Council approve the Modification (M-2009-06) application to remove two internal public pedestrian easements in accordance with Planning Commission Resolution 6562 (See Attachment A consisting of the conditions of approval recommended by the Planning Commission). BACKGROUND: On August 11, 2009, the Planning Commission recommended approval on a 4-1 vote (Chairperson Giefer abstained) to remove two internal public pedestrian easements at the Metropolitan at Cupertino mixed-use residential/commercial development. The internal public pedestrian easements are located in the internal courtyards of the residential development. (See Attachment B for a site plan and parcel map showing the location of the easements). The applicant is not requesting removal of two additional public pedestrian easements along the north and east property lines. These easements will remain to facilitate pedestrian connections between the Metropolitan complex and the Main Street and Rosebowl developments. Chairperson Giefer abstained from voting for the project because of her commitment to the principle of facilitating connections between projects and neighborhoods. DISCUSSION: The applicant, Elaine Chong, a representative for the Metropolitan Homeowner's Association (HOA), explained that the residents of the complex are requesting removal ~ ~-'f Metropolitan HOA M-2009-06 September 1, 2009 of the two internal easements because the complex has experienced security problems, including crime, vandalism, stolen property and littering (See Attachment C for list of Santa Clara County Sheriff's service calls for the complex). The residents believe that these issues have been caused by the non-residents loitering through their complex (See Attachment D consisting of the HOA's letter dated January 19, 2009). The easements in question run through the residential portions of the complex to the private internal courtyards consisting of a children's playhouse, a fountain area, and a swimming pool. The residents are requesting approval to modify the previously approved Use Permit (U-2003-04) Condition No. 22 (See Attachment E consisting of the condition requiring the easements) to remove the public pedestrian easements that run "through the interior paths, courtyards and plazas" of the complex. Staff is supportive of the Planning Commission recommendation because the remaining public access easements along the perimeter of the project site are sufficient to facilitate pedestrian connections between the adjacent developments. Additionally, the removal of the internal easements would not violate any existing zoning or general plan policies. Prepared by: Aki Honda Snelling, Senior Planner Reviewed by: Gary Chao, City Planner Submitted by: Approved by: Aarti Shrivastava David. W. Knapp Community Development Director City Manager Attachments: Attachment A: Planning Commission Resolution 6562 Attachment B: Plan sets showing the project site, the parcel map highlighting the two internal public pedestrian easements to be removed, and a site plan showing these two easements leading to internal courtyards Attachment C: List of Santa Clara County Sheriff's service calls Attachment D: HOA's letter dated January 19, 2009 Attachment E: Condition No. 22 requiring the public pedestrian easements Attachment F: Planning Commission staff report of August 11, 2009 H: Groups/Planning/PDREPORT/CC/2009/M-2009-06, CC Report 2 pR-