Director's Report~CUPERTIN~
CUPERTINO CITY HALL
10300 TORRE AVENUE
CUPERTINO, CA 95014
TELEPHONE (408) 777-3308
FAX (408) 777-3333
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Director~~ --
Planning Commission Agenda Date: Tuesday, December 8, 2009
The City Council will met on November 30, 2009 and December 1, 2009 and discussed the
following item(s) of interest to the Planning Commission:
1. Sterling Barnhart Park Rezoning -Council approved t11e negative declaration and
conducted the first reading of the ordinance with direction to staff to look into painting a
red curb across the park frontage extending to the hail entrance.
2. Apple Rezoning -Council approved the mitigated negative declaration and conducted
the first reading of the ordinance.
3. Sign Ordinance -Council enacted the ordinance, it becomes effective December 31, 2009.
4. Swearing In Ceremony -Council thanked Dolly Sandoval for her years of service to the
City and elected Kris Wong Mayor and Gilbert Wong Vice Mayor.
Miscellaneous Items:
1. Cupertino Square Update -Mike Rohde is back as General Manager of the mall. He's just
settling in, but intends to introduce the new ownership group to us in the near future to
discuss their future plans. He mentioned that the name change back to Vallco, as reported
in the Business Journal, is high on their agenda.
2. City Hall Upgrades -Cosmetic improvements are underway to the exterior of City Hall.
The repairs will include removing termite damage, replacing rotten boards, pressure
washing the building and new paint. We will maintain access to the building at all times.
However during different stages of the work some areas will be roped off.
3. Final Vote by Mail Ballot Count -We had great participation by Cupertino voters using our
vote-by-mail ballot box - 460 ballots. The next highest city was Sunnyvale with 243 ballots.
Upcoming Dates:
Dec 24 -Jan 1 City offices closed for the Holidays
Enclosures:
Staff Reports
News Article - CRE: Green Building Process in Motion, But Uniformity Still Lacking
G: \ Planning ~ AartiS ~ Director's Report \ 2009 ~ pd12-8-09.doc
.~~~_ ~
COMMUNITY DEVELOPMENT DEPARTMENT
CUPERTINO
CITY HALL
10300 TORP.E AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3303 • FAX (408) 777-.3333
SUMMARY
Agenda Item No.
Agenda Date: November 30, 2009
Application: Z-2009-03, EA-2009-08
Applicant: City of Cupertino
Property Location: East side of Sterling Blvd. at the easterly terminus of Barnhart
Avenue (no address number)
APPLICATION SUMMARY:
REZONING of property from Single Family Residential (R1-7.5) to Park and Recreation
(PR) for a proposed neighborhood park.
RECOMMENDATION:
The Planning Commission recommended on a 4-0-1 vote (Giefer absent) that the City
Council:
1. Approve a Negative Declaration (EA-2009-08) for the project; and
2. Approve the Rezoning (Z-2009-03) in accordance with the model resolution (see
Attachment A).
BACKGROUND:
The Planning Commission reviewed the rezoning project on October 27, 2009. Please
refer to the Planning Commission staff report for the detailed project data and
background information (see Attachment B). - -
DISCUSSION:
Planning Commission Consideration:
The Planning Commission supports the proposed rezoning of the property. The
Commission discussions focused on future park activities, noise considerations and the
public outreach /noticing for the project. Staff clarified that the neighborhood has been
~i~=~
City of Cupertino Z-2009-03 NovemUer 30, 2009
Page 2
involved in the design of the park over several months and that the zoning hearing was
noticed to a 300-foot radius.
The Commission was satisfied with the level of review and recommended approval of
the rezoning project.
Public Input:
Two residents spoke on the item. One resident was pleased with the City's diligence in
developing the Saratoga Creek Trail and now the park. One neighbor inquired about
nighttime lighting and suggested providing on-site parking for the park.
Staff clarified that no nighttime lighting was planned. The park will close at dusk like
other city parks. No on-site parking is provided. The park is too small to attract users
from outside the area and will likely be used by only neighborhood residents.
Enclosures:
Ordinance No.
Attachment A: Planning Commission Resolution No. 6573
Attachment B: Planning Commission Staff Report dated October 27, 2009
Attachment C: Planning Commission October 27, 2009 meeting minutes
Attachment D: Initial Study, ERC Recommendation, Negative Declaration
Prepared by: Colin Jung, AICP, Senior Planner
Reviewed by: Gary Chao, City Planner
Submitted by:
Approved by:
Aarti Shrivastava David W. Knapp
Director of Community Development City Manager
G: ~ Planning l PDREPORT ~ CC ~ 2009 ~ Z_2009_03 CC.doc
f?~2 -3
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
CUPERTIN4
SUMMARY
Agenda Item No. Meeting Date: November 30, 2009
Application: Z-2009-01
Applicant(s): James Fowler on behalf of Apple, Inc.
Owner: Apple, Inc.
Property Location: 19310 & 19320 Pruneridge Avenue
APPLICATION SUMMARY:
Consider rezoning approximately 7.78 acres from Plaruled Development Residential -
P(Res), to Planned Development Industrial and Residential -PIMP, Res), Application
No. Z-2009-01 (EA-2009-01), ApU1e, 19310-19320 Pruneridge Avenue, APNs 316-06-050
and 316-06-051
RECOMMENDATION:
The Planning Commission recommendation was split due to a 2-2 tie vote.
Staff recommends that the Council:
1. Approve the Mitigated Negative Declaration
2. Approve the Rezoning, Z-2009-01, u1 accordance with the Model Ordinance (See
Model Ordinance)
Project Data:
General Plan Designation:
Specific Plan Area:
Existing Zoning Designation:
Proposed Zoning Designation:
Acreage (GrOSS) for rezoning:
Existing Land Use:
Total Existing Building SF:
Industrial /Residential
North Vallco Park Special Center
P(Res)
PIMP, Res)
7.78 acres
Office/Tizdustrial
126,528 (two buildings)
~~~~
Apple, Inc. Z-2009-01 November 30, 2009
Project Consistency with:
General Plan: Yes
North Vallco Master Plan Yes
Environmental Assessment: Mitigated Negative Declaration
BACKGROUND:
Planning Commission Hearing
Qn April 28, 2009, the Planning Commission conducted a public hearing and had a 2-2
tie vote (2-2, with Commissioner Brophy absent) (See Planning Commission minutes in
Attachment A). Per the Municipal Code, three of the four members present v~7ould have
to vote to pass the motion for a recommendation. Therefore, no action was taken.
Commissioners who voted for the rezoning felt that this action would allow Apple to
move forward with their plai~uing for a new campus. Any subsequent development
applications will provide the City opportunities to review the overall site plan and
corresponding uses. Commissioners who voted against the rezoning felt that they
wanted to review the application within the context of the North Vallco Plan and the
Housing Element (in progress).
Public Comments
During the public hearing, Apple representative, Jaines Fowler, emphasized that Apple
is only proposing to reinstate the previous industrial zoning designation while retaining
the existing residential zoning on the property. Mr. Fowler reiterated that no
development is being proposed at this time, and that there would be ample opportunity
to discuss any issues at such time Apple brings forth a development application to the
City.
Comments expressed by other members of the public during tine public hearing include:
• It is important to preserve the technology space in the City and particularly in
the North Vallco area.
• Apple should be commended for trying to bring the industrial uses back to the
North Vallco area. '
• Housing is not wanted in North Vallco.
• The Chamber of Commerce emphasized that Apple is an important contributor
to the City.
• Apple's application allows for strategic flexibility for future development.
DISCUSSION:
Apple, Inc. is requesting a rezoning of the subject property from Planned Residential,
P(Res), to Planned industrial and Residential, PIMP, Res) (See Plaruning Commission
staff report in Attachment B). Tlie project site was previously zoned, PIMP) until the
City Council approved the rezoning of this site on November 15, 2005 to P(Res) u1
conjunction with a development application by Morley Brothers for a 130-unit
~~ -5
~.pple, Inc. Z-2009-01 November 30, 2009
townhouse/condominium project. Apple purchased the property in 2006 prior to any
subdivision or development of the property u1 conjunction with the Morley Brothers
project.
The site currently consists of two existing office buildings, including athree-story office
building facing Pruneridge Avenue and atwo-story office building to the south, which
Apple staff occupies. Apple has no development plans for the site at this time.
The proposed rezoning does not include the approximately one-acre portion of the
former residential project that was zoned for a public park. The future park site will
remain zoned Public Park/Recreation (PR7.
Staff Recommendation:
Staff recommends approval of the proposed application. Not only will this action
strongly reinforce the City's Economic development goals, but it is clearly supported by
the General Plan and Housil~g Element as detailed below:
e
• The P(MP, Iles} designation is consistent with the General Plan land use designation
(I1ldustrial/Residential) for the site and the rest of the North ~Tallco area.
• The project is consistent with the following General Plan Policies -
/ Policy 2-20, Strategy 3. Il~ajor Co~~1~atlies - "Prioritize expansion of office space for
existing major companies in Cupertino..."
/ Policy 2-40: I~ew Busi~iesses a~zd Busiliess Rete~ltio~i - "...retails existing businesses
that provide needed local services and municipal revenues, contribute to
economic vitality and enhance the City's physical environment."
/ Policy 2-42: RevetTUe A~ialysis of Office Develo~~rze~lts - "...encourage office uses and
activities that generate significant revenues to the City..."
^ 3
1/^~~
Proposed P (MP, Res) zone
Apple, Inc. Z-2009-01 November 30, 2009
/ Policy 2-44: Maintaining Cohesive Commercial Centers acid Office Parks - "Cohesive
commercial centers and office parks are necessary to maintain a healthy sales tax
base for the city and to retain opportunities for existing businesses to expand in
response to changing business trends."
• The residential rezoning allowed the City to receive credit for the Housing Element
and the proposed rezoning will not affect the residential status.
• The rezoning will allow Apple to bring forward a development application for their
campus, at which time additional issues can be reviewed.
The Environrrtental Review Committee reviewed the project on April 19, 2009, and
recommended that the City Council grant the. Mitigated Negative Declaration for the
project.
Prepared by: Aki I-ionda Snellu1g, AICP, Senior Planner
Reviewed by: Gary Chao, City Planner
Submitted by:
Aarti Shrivastava
Director of Community Development
Approved by:
David W. Knapp
City Manager
Attachments:
Model Ordinance
Attachment A: Planning Commission minutes of Apri128, 2009
Attachment B: Planning Commission staff report of April 28, 2009 ~v/Neg Dec
H: Groups/Planning/PDREPORT/CC/2009/Z-2009-O1
P ~~"~
CUPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVEI~~UE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 77 7-3333
SUMMARY
Agenda Item No.
Application:
Applicant:
Property Owner:
Property Location:
SUMMARY:
MCA-2009-01
City of Cupertino
Various
City-wide
Agenda Date: November 30, 2009
Second Reading and adoption of Ordinance No. 09-2050: "An Ordinance of the Cupertino
City Council amending Title 17, Sign Ordinance, of the Cupertino Municipal Code."
RECOMMENDATION:
Staff recommends that the City Council conduct the second reading and adopt Ordinance
No. 09-2050.
DISCUSSION:
On October 20, 2009, the City Council moved to introduce the ordinance amendments with
minor changes to the model ordinance (See Exhibit A.) The changes requested by the City
Council have been highlighted in grey. See Page 27 and 34 of Exhibit A.
Minor revisions have been made in the Temporary Signs Chapter. These have been
highlighted in yellow. No content has been removed from or new concepts proposed to the
model ordinance presented on October 20. These changes were made to:
1. Carry forward the intent of the existing Sign Ordinance (see pages 10, 26 & 27),
2. Maintain internal consistency (see page 11), and
3. Improve readability (see pages 23 & 24).
Prepared by: Piu Ghosh, Associate Planner
Reviewed by:
Aarti Shrivastava,
Community Development Director
Approved by:
David Knapp
City Manager
Enclosures: (~
ExhiUit A: Ordinance No. 09-2050 ~/~'
CRE: Green building process in motion, but uniformity still lacking -Silicon Valley /San... Page 2 of 3
features.
Breene Kerr, a Los Altos Hills councilman and environmental consultant, has created a Web
site featuring a central database illustrating each city's requirements. As a green point rater,
certified by Build It Green, he's a believer in third-party verification.
"I object to watering down (the requirements) and letting the homeowner or builder check it
off," Kerr said.
Yet those who support submitting certification to the U. S. Green Building Council, which
created the LEED guidelines, know it can take months for the council to process the documents
and issue the coveted certificate. The backlog is reportedly into the thousands. That plays
havoc if a city decides to require LEED certification before issuing an occupancy permit.
"There is tension between different folks," Ballard said.
But if cities decide their planning departments must verify, they must have the resources to
train staff, tough during an era of extreme budget cuts. Horwedel said he still has some funds
for training, but recently lost half of his environmentally trained staff during three rounds of
layoffs this year.
The third option -allowing builders to check alist -was dismissed by Ballard as akin to "the
fox guarding the henhouse."
Carrot over stick
Tony Mirenda, president of TBI Construction Inc., said he believes builders would be more
likely to support incentives to build green than they would mandates. He supports requiring a
minimum level of green features, but to encourage builders to aim higher, offer a carrot, he
said.
"It is very interesting to see that nearly all of the cities offer no sort of incentive," he said in an
e-mail.
Ballard agrees that such suggestions are worth exploring, adding that now that everyone is
moving in the "same direction," it's time to "raise the bar."
In the meantime, she is working to expand the project to all cities in San Mateo County and
eventually to the entire Bay Area. Yet she is realistic about the actual impact of everyone's
efforts given the fact that building is currently at a standstill.
"Even if all the cities adopt (the next phase) tomorrow -that's great, but there's very little to
evaluate," she said. "There's not a whole lot of building going on."
Green building b~~ t11e nu_inbers:
• 40 percent: Amount of all carbon dioxide emissions in the country from buildings, according
to the Environmental Protection Agency
~~-~o
http://sanjose.bizjournals.com/sanjose/stories/2009/11/30/focus4.htm1?t=printable 12/1/2009
Page 1 of 1
~, A
~ •~
~J
'~ 6RE~N PQtJCY IN THE VaL~EY
_~
:{
f~~~nr M,;~r- a .u,~ ~II4s f~~~;~ trm~?~ :~;r~~a~rit~~ . ~ ~,~~e~ ~{t~~' r~ s~a>~~. m n*•,r~at~r ~~ anr= q~t~r fru~~r~
!iE ~r'1 s~~ ~' ~y ~~ ~ ~ buit~tp Tin ~ ~i ~ BN~ipi its Qrt~uar
,,. ~ F~6 mtrr+ t'~ ~t w~arrs~tt.~n
RT~~~
4 ~ !
~
~
1~
k. _ ~YOI~ ~ ~I'r Wi'W~+W
;~ htan~
_, ~per~no ~ 5en-t~triihf
t lay eta ~ -` ,~ `ar ~~-atu~?
?,s~1ceC
.. ~tt~~ ~r ~~"
hem
y .s'`
-~ Lai fWa ~' a >.x ~, ~se~rrrx Omar
i -
• LB6 S ~-~- ~[~ rlQlE~ ~iIFE
~ RbiipiGa~
{ ~
~ Rrs~errtr~l Set-ill
-~,., ~~~ r'f mxr: ~a ~ crate Expend
~` ~ ~~ ~. ft S~f-~~ Y~r r~ur~ Exped~d
,.
_ - _,~ Gan~nerca air 25.~~ sq `t. L`~ ~~~ = Excr
Maw Serw -oesttl
r Yu~ ~ tk~
1 lrla~pm Hed ~ Sds c.~rt~y
~~,a ~- - ~~ ~ Far f~~ p+~xti
~lanGain ~ie~r h~~ Xr
~.
- .~ _
Pa44 ~
-,~ a,:y
~~.~ix~l~1 ~' ~!r~rraC f~a u~'.iar+
~' Cn=~a*~:a` L:_:! 5{~ far air : OED :~ '" 6 ~~ rnrcrr 4~r
Saar Jasc
k~~ hh~ ms's-t~rGt~ ~F (~~
C~i ?~ QD~ s4- t:. S~-t~r~h~ ~: r?ti~r~ t~r~
'~ Ca-rrr~-s~i ~r ~.J~ ~ ~ L~ .~ &~' [fit
~~
1 eta G`d~sr Sep-~:riity
Ma' r~{t~f
P~~
G~ant~ of Ct~x
~~~rt~! ~ ~et~trefl
g~;K ~ ' ,~ ~ f' ~r~rr~ R~
GP ~ s~uaf!
1~~7 f~i~ statc~x 4~'~t'~ ~~rxt'
~~ tte~ ~!
tx~n~~rc~ ir' Titit i~
fiESa~er;ral S~t~-t~rtit~ ~!; vas
(,11.C~~ L~~1(~r 3~IfE ~~ ~~ 5Q ~
l ~ S'i~ ~r sra~ thaf~ ~~ ~ .t .~~
~`
httpa/assets.bizjouinals.com/story_imagel543931-600-0-1.jpg
1211 /2009