Director's Report
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Directo~
Planning Commission Agenda Date: Tuesday, September 26,2006
The City Council met on September 5 and September 19, 2006, and discussed the
following items of interest to the Planning Commission:
1. Annexation proceedings for 17.38' acres of unincorporated residentially developed
or vacant land: The City Council adopted Resolution No. 06-153. (see attached staff
report)
2. Discuss the process for selecting North Vallco Study Committee members and
planning process: The City Council established a study committee of approximately
20 people. (Wang voted no). (see attached staff report)
The Committee is composed of names on the list; and added a high school district
representative, a Chamber representative, and Jennifer Griffin, representing the
Rancho Rinconada neighborhood. Hotel and landowners will be invited to meetings.
Three Community Workshops will be held starting in January 2007.
3. Appeal of the Planning Commission's decision to deny a Use Permit and Height
Exception for a telecommunication facility (Union Pacific Railroad), McClellan
Road & railroad tracks: Continued.
4. Appeal of the Planning Commission's decision to approve a Use Permit for a new
1,180 square foot commercial/office building and three residential units (5,010
square feet): The appellant, Councilmember Kris Wang, dropped the appeal.
5. Consider a Tentative Map to subdivide a 2.4-acre property into five parcels, Scott
Kelly (Charles Varian and Nancy Fedders), 10114 Crescent Court (Continued from
August 15): The City Council approved the application in accordance with Planning
Commission Resolution No. 6406, with direction to retain tree #8 in place and to
replace trees #7 and #26 with 48-inch box trees. (Lowenthal voted no). (see attached
staff report)
6. Modification of a Use Permit (U-2002-06) for 19,135 square feet of retail space to
clarify that general commercial uses are allowed, Curtis Leigh (Cupertino Town
Center), Southeast corner of De Anza Blvd. and Town Center Lane: The Planning
Commission referred this item to the City Council. The City Council voted for
approval. (see attached staff report)
bH2- \
Report of the Community Development Director
Tuesday, July 25, 2006
Page 2
7. Authorize the City Manager to sign an agreement to dedicate land and restore the
Nathan Hall Tank house neat Blackberry Farm Golf Course. The City Council
continued to this item to the first meeting in December, instructed staff to do further
planning and research, and then bring back options for Council consideration. (see
attached staff report)
80 Consider adopting a resolution implementing the General Plan Policy 2-42:
Revenue Analysis of Office Developments: Council members Wang and Mahoney
will work with staff and report back to Council at a later date.
Enclosures:
Staff Reports
Newspaper Articles
G:\ Planning \ SteveP\ Director's Report \ 2006\pd09-26-06.doc
l)'OL-
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
c
CUPEI{fINO
Community Development Department
SUMMARY
AGENDA NO. Ii)
AGENDA DATE September 5,2006
SUMMARY:
CONSIDERA nON OF INITIA TING ANNEXATION PROCEEDINGS for territory
designated as Cupertino Pockets 06-01 (City file no. CP-2006-02, EA-2006-11),
consisting of the annexation to the City of Cupertino of 17.38 acres of unincorporated,
residentially developed and vacant land bounded by Stevens Creek Boulevard, Stelling
Road, southern city limits and Stevens Canyon Road.
RECOMMENDATION:
Staff recommends that the City Council initiate annexation (change of
organization) proceedings under Section 57000 et seq. of the state government
code for the territory designated Cupertino Pockets 06-01 (City file no. CP-2006-
02, EA-2006-11), and set a protest hearing date of October 3,2006.
BACKGROUND:
Past Annexation Practices During the 1950's and 1960's, annexation practices of
the cities and the development policies of the cities and County, created a
patchwork of unincorporated pockets that was difficult for the County to
provide services. Since the mid-1970's, State, County and City policies have
encourage the annexation of these pockets to cities to simplify the delivery of
mumcipal type services and improve the quality of those services.
Annexation Strategy On February 2, 1998, the City Council adopted an overall
annexation strategy for three-of the larger unincorporated pockets in Cupertino:
Rancho Rinconada, Garden Gate and Monta Vista. Those neighborhoods were
all successfully annexed, leaving the Creston neighborhood and about a dozen
individual parcels scattered around the southern portion of the City as the only
small islands left within the City's Urban Service Area.
The City Council has previously stated its policy intent to annex Creston lot by
lot as development occurs. The remaining annexable county pockets are the
subject of this annexation proceeding.
D-3
/0-1
Cupertino Pockets 06-01 Annexation, file no. CP-2006-01
Page 2
September 5,2006
Public Outreach On June 30, 2006, staff mailed a courtesy notice to Cupertino
county pocket residents and property owners, notifying them of the City's
interest in annexing their properties. The notice included a seven-page question-
and-answer annexation handout and location maps of the pocket parcels. The
information was also made available on the City website.
DISCUSSION:
Profect Description Cupertino Pockets 06-01 consists of eight distinct islands with
] 8 parcels and 17,38 acres (Exhibit C). The subject area contains 15 single bmil y
dwellings and some vacant lots with an estimated population of 40 people. All
parcels have been previously prezoned by the City.
Annexation Proceeding Options
The City Council has two annexation options:
1) The standard proceeding under section 57000 et seq. of the Local
Government Reorganization Act of 2000, which allows for public protest
at a public hearing. The level of protest affects the decision the Council
may take on the annexation; or
2) The Island Annexation proceeding under section 56375.3 of the Local
Government Reorganization Act, which also requires a public hearing,
but allows the City Council to order in an annexation, disallowing protests
or elections, if certain annexation criteria can be met. The criteria are:
a. Island(s) is less than 150 acres in size,
b, Territory is surrounded or substantially surrounded by the City,
c. Island(s) are not a gated community served by community services
district,
d. Island(s) is substantially developed,
e. Territory is not "prime agricultural land",
f. Territory will benefit from annexation or is already receiving city
benefits, and
g. Island(s) were not created after January 1, 2000,
The subject annexation project fulfills all of the criteria for an Island
Annexation proceeding.
Staff is recommending Annexation Option No.1 because to ensure the extension
of City taxes and fees to these areas, affected residents and property owners
must have a say. This is further explained below.
i
\
D-1-
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Cupertino Pockets 06-01 Annexation, file no. CP-2006-01
Page 3
September 5, 2006
City Taxes and Fees In consultation with the City Attorney and in reliance on a
legal opinion of the State Attorney General, it is recommended that the City
conduct an annexation proceeding that allows for public protest (i.e. under
Section 57000 et seq. of the State Government Code), similar to the Monta,Vista
and Garden Gate reorganizations. Cupertino pocket residents and property
owners will be fuUy informed of the extension of City taxes and fees to their area
in the annexation public hearing mailers. The requirements of Proposition 218
(Taxpayers Right to Vote on Taxes Initiative) will be satisfied by the protest
provisions available in alll1exation law; that is, legal protests to the Cupertino
Pockets armexation serve as proxy votes on the extension of City taxes and fees
to this area.
Due to the advanced public noticing, staff has already received two protest
letters (Exhibit D). For the protests to legally count, the protests will need to be
fully completed and re-submitted after the City Council initiates proceedings
and before the conclusion of the October 2006 protest hearing. Protest
instructions will be included in all hearing notices.
Next Steps The next steps in the Cupertino Pockets annexation process are as
follows:
Sept. 5, 2006
City Council initiates proceedings. Protest period begins.
Oct. 3, 2006
City Council holds annexation hearing. If less than 25 %
protest, then the Council approves the annexation. If
protests are greater than 25% but less than 50%, then the
Council must schedule an election. If more than 50%
protest, than the annexation is terminated.
Mid-Oct. 2006
If the Council is able to order the annexation at the hearing,
the Local Agency Formation Commission (LAFCO)
executive officer should certify the proceedings by the
middle of October, making the annexation official.
Prepared by: Colin Jung, Senior Planner
SUBMITTED BY:
APPROVED BY:
(~~ S.p."
Steve Piase' ,
Director of Community Development
J>>l
David W. Knapp
City Manager
D-S
/0-3
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
CITY 0
CUPEIUINO
SUMMARY
AGENDA NO.
AGENDA DATE: September 5, 2006
Application Summary: Discuss the process for selecting North Valko Study
Committee members and planning process
RECOMMENDATION:
Select one of the alternatives for the Study Committee appointments.
BACKGROUND:
The City Council approved a work program, a budget item and an urban design
consultant to support Phase One of the North Valko Master Plan Study. Phase
One includes convening a Study Committee, three Community Workshops, and
recommending a conceptual Master Plan to the Planning Commission and City
Council. The August 15 City Council discussion regarding the urban design
consultant also included discussion on a proposed IS-person North Valko Study
Committee, Bruce Liedstrand, consultant to the study, encouraged the City to
select a focused Study Committee made up principally of stakeholders in the
North Valko area, instead of an at-large committee such as the General Plan Task
Force. The intent is to provide the City Council a list of stakeholders for the
Study Committee who represent a spectrum of interests, The Council requested
that this subject be rescheduled to consider a process for a broader outreach for
selecting Committee members, should the Council elect to do so.
DISCUSSION:
Role of Study Committee
The role of the Study Committee is to:
~ Encourage community involvement in the North Vallco Master Plan
process by promoting attendance at Community Workshops and by
reporting back to neighbors, business associates and interest groups.
~ Attend and enter into dialogue at three Community Workshops
~ Attend Planning Commission and City Council study sessions/public
hearings
~ Reach consensus and recommend land use/ design options to the
Planning Commission and City Council
D-1-
Printed on Recycled Paper
North Vallco Study Committee
Page 2
September 5,2006
Study Committee Alternatives
Alternative 1: Staff (Steve Piasecki and Ciddy Wordell), Marty Miller, Planning
Commission Chairperson, and Bruce Liedstrand, consultant, prepared a list of
stakeholders for City Council endorsement as the Study Committee (Exhibit A).
The stakeholders include commercial/ office and residential property owners and
tenants, as well as residents with general interest in the City of Cupertino.
The criteria used in selection of members is included on the list. Staff requests
that the City Council endorse the list.
If the City Council wishes to consider other members for the Study Committee,
two options are described. Regardless of the option selected, staff recommends
that the size of the committee be 15-20 members.
Alternative 2: Each City Council member could appoint one additional person.
To implement this option, each Council member could select a committee
member who is not on the list. If two City Council members choose the same
individual, one of the Council members could appoint another individual. Staff
estimates that it would take two to four weeks to confirm the final selections,
Alternative 3: The City Council could widen the solicitation of membership on
the Study Committee through the newspaper, the Scene or a Citywide mailing.
This option would increase the time and the cost (depending on the method
selected) of Phase One. This process could take at least two months and would
cost $3,000 if there were a City-wide mailing.
The City Council asked for information on whether some work could proceed if
the Study Committee is convened at a later date. The study is projected to take
approximately nine months. The length of the project would not be extended if
there were a delay in the selection of the Study Committee; background work
and other preliminary activities could occur in the meantime.
trB
Proposed North Vallco Study Committee
Name Phone # Participate
1 Darryl Stow 252-3117 yes
2 Fari Aberg 253-7960 yes
3 Wendell Stephens 996-8964 yes
4 Thorisa Yap 973-1170 yes
5 Lynn Ching 777-9191 yes
6 Frank Geefay 996-7013 yes
7 Darryl Lum 446-1343 yes __
-------- ----~_. .-
8 Mahesh Nihalani 806-9142 yes
- -~--- --- -- ---- -- ------ -~- -,------ - --, - , -------
9 Ann Ng 257-6506 yes
10 Roger Costa 257-3310 yes
11 Debbie Stauffer 252-0963 yes
12 Marty Miller 805-1318 yes
13 Kevin Wu 415613-8926 yes
14 Shawna Holmes (HP) yes
15 Elinora Mantovani (Apple) yes
16 Mike Foulkes (Apple) 974-2503 yes
17 Bm Brown (Cupertino Village) 425641-9716 yes
18 Rick Hausman (Cupertino Union School Dist) 828-5416 yes
Possible alternates or additions
Larry Dean
Darlene Thome
Cary Chien
Susanna Tsai
Gilbert Wong
Selection/ Objective Criteria
Open mindedness
Ethnic balance and gender balance
Respected in community and with Council
Portal Neighborhood representation
Rancho Rinconada representation
Environmental sensitivity representation
No/ slow growth representation
Pro growth! pro housing representation
Young family representation
Property owner/ developer representation
School system representation
Chamber of Commerce representation
Number limits: 15 - 20 people
Decision Process: Consensus
Time Commitment: 15 - 20 hours
Responsibility: Must commit to participate in all meetings
Exhibit A
(
(
!)-lD
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
CUPEJ\TINO
Community Development
Department
Summary
Agenda Item N o. ~
Agenda Date: September 19, 2006
Application: TM-2006-07, EA-2006-08
Applicant: Scott Kelly (Kelly Gordon Development)
Owner: Charles Varian and Nancy Fedders (Charles Varian Trust)
Location: 10114 Crescent Court, APN 326-17-009 & 326-17-030
Application Summary:
. TENTATIVE MAP APPLICATION to subdivide a 2.4 acre parcel into five
residential parcels ranging from 10,254 sq. ft to 13,176 sq. ft. and a 37,073 sq. ft.
parcel to be dedicated to the Santa Clara Valley Water District.
. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration
recommended. The project will have no significant, adverse environmental
impacts with the proposed mitigation measures.
RECOMMENDATION:
The Planning Commission recommends approval of:
1. The negative declaration, file number EA-2006-08.
2. The tentative map application, file number TM-2006-07, in accordance with Planning
Commission Resolution No. 6406.
Project Data:
General Plan Designation:
Zoning Designation:
Acreage (Net):
Maximum F.A.R. Allowable
Project Consistency with:
General Plan:
Zoning:
Residential Low 1-5 DU/Gross Acre
R1-10
2.4 acres
45%
Yes
Yes
Environmental Assessment:
Mitigated Negative Declaration.
b, t \
Applications: TM-2006- _ . , EA-2006-08
Varian Subdivision
Page 2
September 19, 2006
BACKGROUND
The project is located at 10114 Crescent Court. The proposed project is on a developed
site accessed by an unimproved driveway from the existing right of way to the lot with
one single family home. The parcel is bounded by Varian Park to the North, Stevens
Creek to the East, and other existing single-family homes to the South and the West. To
the east of the property is a steep cliff that leads down to the creek. There is an
unimproved walkable path to the North of the property leading down to the creek.
DISCUSSION
On August 8,2006, the Planning Commission reviewed and recommended approval of
this tentative map on a 3-0-2 vote (Giefer and Chien absent) (Exhibit A) to subdivide the
existing parcels into five residential and one remainder lot dedicated to the Santa Clara
Valley Water District subject to a modified resolution.
P Lanning Commission
The Commission's comments were:
1. The project is compatible with the neighborhood.
2. They agreed with staff's recommendation of recording a slope easement for lots 4
and 5 despite the applicant's misgivings about the negative connotation of the
term "easement." They agreed that recording the restriction in the CC&R's
would be less effective and less transparent than recording the easement on the
tentative map.
The commissioners also considered recording a building envelope for lots 4 & 5
instead of an easement. However, they agreed that this would be more restrictive
than the easement since there would be portions of lot 5 that would
unnecessarily have restrictions on development.
3. The commissioners recommended incorporating additional language from a
letter of clarification requested from Murray Engineers, the applicant's
Geoteclmical consultant, with regard to a clearer definition of the structures that
need further review prior to installation (Exhibit B). This language "...or mitigate
the impact of cliff retreat" was requested by the commissioners to be added to
the slope easement condition in the resolution.
4. With regard to the trees, the commission felt it was not necessary to remove trees
#7 & 8 (oak trees in excellent health) since they do not affect the subdivision and
no building plans have been submitted for the relevant lot. They felt it would be
possible to design a home around the trees. They mentioned that if it was not
possible to design around the trees, the relocation or removal of the trees could
be discussed at that time. They disagreed with staff's recommendation to
relocate tree #26, an oak tree in excellent health. They recommended removal
and replacement of this tree.
5. Some of the Commissioner's were concerned about the street serving the
development should be a private street. However, both the Public Works
D-I~
Applications: TM-2006. , EA-2006-08
Varian Subdivision
Page 3
September 19, 2006
Department and the applicant feel that it would be appropriate to keep the street
private, which allows public access. The Commission, however, directed staff to
highlight the two options of enabling acceptance of the street as a public street.
The tvvo options the Commissioner's were considering were:
a. Taking enough land from Varian Park to meet the minimum public right-
of-way standards, or
b. Accepting a substandard right-of-way.
6, The Commission was also concerned about the chain link fence that runs through
Varian Park preventing access from Crescent Court into the tot lot and the
developed portion of the park. They are submitting a Minute Order to the
Council requesting that the fence be removed.
Applicant
The Commission heard from the applicant who spoke during the public hearing and
provided the following comments:
o The applicant provided a new arborist's report (Exhibit C) prepared by their
arborist assessing the health of trees #7, 8 and 26. The City's consultant arborist
and the applicant's arborist have differing opinions on the health of the trees and
the potential to transplant the trees, as shown in the table below:
Tree Health/Structure Ability to transplant Recommendation
Number
City's Appl. City's Appl. City's I Appl.
Arborist Arborist Arborist Arborist Arborist Arborist
Excellent! Excellent Retain or
7 Fair/Fair with tree N/A Remove
Excellent spade Transplant
Excellent/ Excellent Could be Retain or Retain or
8 Fair/Fair with moved with
Very Good boxing tree spade Transplant Transplant
Excellent/ Excellent Totally Retain or
26 Poor/Poor with tree Remove
Fair space unsuitable Transplant
The City uses a consultant arborist in assessing trees since it provides neutral
assessment and is unbiased. Therefore, staff recommends that the council rely on
the recommendations of the City's Arborist while making its decisions.
o The applicant was concerned about the replacements being recommended by
staff. However, this was due to a misunderstanding on behalf of the applicant
where he understood that the replacements being required were above and
beyond the total value of trees being removed from the property.
o The applicant was also concerned about the slope easement. The applicant is
concerned that recording an easement on the property would restrict the value of
b-I~
Applications: TM-2006-, , EA-2006-08
Varian Subdivision
Page 4
September 19,2006
the property and would have a negative connotation.
Public
The Commission also heard from members of the public who spoke during the public
hearing and provided the following comments:
o It is difficult to relocate trees and they do not survive. Either trees should be left
where they are or should be replaced with appropriate replacements.
o There are some concerns about the intersection of Crescent Court and Crescent
Road being too narrow,
o Too many trees being removed for development of the property.
Staff
The applicant has requested removal of trees #7 and #26 and relocation of tree #8. Staff
recommends retaining trees #7 and #8 and relocating #26. Trees #7 and #8 are located
on the periphery of lot 1 and it will be easy to design a house around these two trees.
Tree #26 is in excellent health per the City's consultant arborist and a prime candidate
for transplantation. Staff recommends that it be relocated to lot 5.
ENCLOSURES
Planning Commission Resolutions No. 6406
Exhibit A: Staff Report to Planning Commission dated August 8,2006
Exhibit B: Letter from Murray Engineers, Inc dated July 5th, 2006
Exhibit C: Arborist Report prepared by Arborwell dated August 3rd, 2006
Exhibit D: Planning Commission Resolution No. 6409 (Minute Order)
Plan Set
Prepared by: Piu Ghosh, Assistant Planner
Submitted by:
Approved by:
~/ 'w~
Ciddy W or~ll
City Planner, Community Development
~l
David W. Knapp
City Manager
G:\Planning\PDREPORT\CC\ TM-2006-07 CCSR.doc
i)-I+
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
CUPEI\TINO
Community Development Departm.ent
SUMMARY
Agenda Item No. _
Agenda Date: September 19, 2006
Application: M-2006-03
Applicant: Curtis Leigh
Owner: John McMorrow (Cupertino Town Center)
Location: Southeast corner of De Anza Boulevard and Town Center Lane
Application Summary:
Modification of a Use Permit (U-2002-06) for 19,135 sq. ft. of retail space to clarify
that general commercial uses are allowed.
RECOMMENDATION:
The Planning Commission recommends approval of the application for
modification of a use permit, M-2006-03.
BACKGROUND
On May'19, 2003, the City Council approved the Use Permit for Civic Park
development to allow the construction of 123,695 sq. ft. of medical/ professional
office space, 141,850 sq. ft. of general office space, two residential buildings
totaling 142 units and 19,135 sq. ft. of retail/restaurant space. A condition was
included that the commercial space was limited to retail and restaurant uses. The
applicant is asking for an amendment to this condition to allow the
retail/ restaurant to be used for general commercial uses including offices and
personal service establishments.
On August 22, 2006, the Planning Commission voted (3-0-2, Giefer and Wong
absent) to recommend more flexibility in the use of half of the space designated as
retail/ restaurant. The commission recommends changing the condition subject to
the following: '
~ Minimum 50% of the space for retail/restaurant spaces. Retail space is
defined as any business that generates 50% of its in-store sales receipts from
in-store sales of products. Internet sales do not count toward this figure,
although internet sales are highly encouraged.
1)-\5
M -2006-03
Modification to Use Permit, U-2002-06
19,2006
Page 2
September
~ Limit financial institutions and other non-retail/restaurant uses to 60% of
the De Anza Boulevard frontage,
~ Minimum 40% of the De Anza Boulevard frontage must be
retail/ restaurant, and
~ Vocational and specialized schools, dance and music studios, gymnasiums
and health clubs are prohibited.
While City Council approval of the modification is not required, the Planning
Commission requested that the City Council take final action on this application.
DISCUSSION
Planning Commission Comments
Some of the Commissioner's comments were:
. It is not realistic to have one hundred percent restaurant/ retail uses in a
center.
. Some flexibility of the use will be helpful for the restaurant to survive and
compromise is within the spirit of the findings.
. The residential community moving into the building will benefit from this
retail space.
Applicant Comments
The applicant said that the term "retail" was used generically to differentiate this
space from the residential portion of the project and they overlooked this when
they reviewed the conditions of approval. He is interested in having the space
redefined for use as general commercial as that was always their intent. However,
the applicant is comfortable with the compromise that the Planning Commission
and staff recommended.
There are likely to be two sit-down restaurants and one or two quick-service
restauraJ;1.ts (Starbucks/Quiznos) in the center. The applicant mentioned that the
additional uses allowed would generate foot traffic that will help the restaurants
generate more business.
FINANCE:
Staff researched the average sales tax generation of a strip center within the city. A
strip center with predominantly restaurant/retail uses generates an average of
$1.40 per square foot in sales tax. A strip center with non-sales tax generating
businesses generates an average of $1.04 per square foot in sales tax. There is a
wide range in this category ranging from one strip center generating $0.41 per sq.
ft. to one center generating $4.29 per sq. ft. There would be a loss of roughly $0.36
per sq. ft. should this space be converted to general commercial or roughly $6,888
1:>-1 (0
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
CUPEI\TINO
Community Development Department
SUMMARY
AGENDA NO.
AGENDA DATE: September 19,2006
Application Summary: Authorize the City Manager to sign an agreement to dedicate
land and restore the Nathan Hall Tank house.
Recommendation: Staff recommends the City Council direct:
);> The City Manager to sign the agreement, and
);> Direct staff to complete the survey map exhibits for the agreement and develop a
detailed plan to ensure its renovation.
BACKGROUND:
In 1980, as a condition of approval for the eight unit Byrne Avenue development, the
developer Terry Br,?wn, was required to relocate a tank house/viewing stand from the
Oak dell Ranch area to its current location next to the Blue Pheasant Restaurant. The
selected area was open space required as part of the development. A covenant was
recorded requiring the Byrne Avenue homeowners to maintain the tank house. In 2000,
at the Homeowners Association request, staff researched the covenant and verified that
it was properly recorded.
The lack of comprehensive maintenance of the tank house has been the subject of
several conversations between the Homeowners Association and the City of Cupertino.
Consistent with the recorded covenants, staff asked the Byrne Avenue Homeowners
Association to commence repair and maintenance work on the tank house. However,
while some work was completed, comprehensive repairs have not been conducted and
the appearance and condition of the Tank House structure continued to decline.
HISTORICAL SIGNIFICANCE:
The Nathan Hall tank house was built in the mid to late 1800's. Phyllis Filiberti Butler
in her book "Old Santa Clara V alley; A Guide to Historic Buildings from Palo Alto to
Gilroy" indicates the tank house was built in the 1880s and Mr. Louis Stocklmeir, in a
letter dated February 5, 1980 addressed to a Mrs. Robertson, writes that the structure
was "built in the seventh decade of the 19th century."
D-\o
Report regarding tank house near Blackberry Farm
September'19,2006
Page 2
This tank house structure survived the Great Earthquake of 1906, when similarly
constructed tank houses in the near vicIDity crumbled. Tank houses are remnants of a,
bygone historic era of homesteading remain in the Santa Clara Valley.
According to Mr. Stocklmeir's letter, water was pumped up to the tank with the help of
a windmill. The tank house was used to mainly store water for irrigation purposes. It
also served as the sleeping quarters of one of Mr. Hall's employees. The shed structures
on the two sides of the main tank house were added at a later date, Staff understands
that this building was later used as a viewing stand to observe the horses that were once
kept on the Oak Dell Ranch site.
DISCUSSION:
In September 2003, the City Council directed staff to coordinate with the Homeowners
Association to facilitate their renovation of the structure. These discussions were not
successful.
In November 2005, staff met with the members of the Byrne Avenue Homeowners
Association again and came to a tentative agreement with them with regard to the tank
house, the bike/pedestrian pathway to the north of the property and the portion of the
property on which the Blue Pheasant has encroached upon.
Enclosed is a letter of intent from the Byrne Avenue Homeowners Association to
. Dedicate land under and around the Nathan Hall tank house near Blackberry
Farm Golf Course, and
. Readjust lot lines to accommodate
o The structures of the Blue Pheasant that encroach onto the Byrne Avenue
Homeowners' Association property and,
o An existing bike/ pedestrian pathway to the north of the property into the
city's right of way.
The agreement has a number of associated survey maps that need to be prepared prior
to its execution. The city shall be responsible for all fees and costs associated with the
completion and recordation of the agreement.
Along the property lines shared between the Byrne A venue Homeowners Association
and the tank house, the tank house shall be fenced off with fencing material such as a
picket fence, wrought iron fence or some other attractive material.
The city reserves the right to obtain a Phase I report. This report shall identify any
existing environmental hazards with regard to the tank house. If the tank house is ever
demolished or destroyed, the city shall return the property to the Byrne Avenue
Homeowners Association.
b-.\9
Report regarding tank house near Blackberry Farm
September 19, 2006
Page 3
TANK HOUSE RESTORATION PLAN
Staff will coordinate a community effort to restore the tank house to its original
condition as depicted in Exhibit F of the proposed agreement. There are several items
that need to be replaced or repaired in order to restore the structure (See Exhibit A).
This is not an exhaustive list since the building needs closer inspection to determine if
more work is necessary. A final scope of work shall be prepared once a site inspection
can be conducted and architectural plans for the renovation are prepared,
Staff already has a pledge from a contractor for roof replacement. The city will help in
coordinating an effort to facilitate various contractors to donate materials, money and
labor for the renovation. All forms of donation can be acknowledged with a plaque
bearing the name of the person or the company similar to the recognitions at the
Cupertino Community Center building.
The Cupertino Historical Society and the Rotary' Club are interested in participating in
the restoration of the tank house. Staff is in the process of identifying other groups that
might have an interest in restoration of the structure.
Enclosures:
Exhibit A: Tentative Scope of Work
Exhibit B: Letter of Intent from Byrne Avenue Homeowners Association
Exhibit C: Proposed Tank house Agreement
Prepared by: Piu Ghosh, Assistant Planner
Approved by:
Steve PiaseckI
Director of Community Development
IwL
David W. Knapp
City Manager
G:jPlanning/PDreporVcc/2006(Tank House Agreement Report.doc
D- (7C>
nas COflli8i.:IHenCe I
SPORTS / 27 ,
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Campbell I Cupertino I Monte Sereno I Saratoga
FREE THURSDAY. SEPTEMBER 7. 2006 Volume 5. Number 83
Cities stand to gain if govemor signs bill
ly approved by the Califomia Legislature
- amends the propeity tax allocation for-
mula so the four "low property tax" cities
receive 8 to 12 percent more money each
year from Santa Clara County.
The cities would provide additional ser-
vices that would reduce the county's costs,
according to an analysis written by Anya
Lawler, a local govemment conmrittee con-
sultant. -
BY AARON CLAVERIi
DAILY NEWS STAFF wRITER
COHN
Cupertino, Saratoga, Monte Sereno and
Los Altos Hills will receive a fmancial
boost in the form of recovered property tax
revenue if Gov, Amold Schwarzenegger
signs a bill that amends the allocation for-
mula -
The bill- authored by Assembly mem-
ber Rebecca Colm, D-Saratoga, and recent-
Part of that cost reduction could come in
the form of annexation of "pockets," small
parcels of land within the citi~' various
spheres of influence, that are currently ser-
viced by the county, said Saratoga Mayor
NOlman Kline, who joined his political col-
leagues in a multiyear lobbying push.
fu 1989, "intense negotiations" produced
a formula that allowed the county to take up
to 55 percent of the four cities' property tax
revenue, according to Lawler's analysis,
Monte Sereno Council Member A. Cur-
tis Wright said. the cities were "strong-
armed" during a budget cmnch,
For the past two years, the cities have
worked on getting the fOlmula amended, As
part of a unified push, with full SUPP0l1 of
the county's board of supervisors, the cities
teamed up to hire a lobbyist, who worked
PROPERTY TAX, page 3
PROPERTY TAX
From page 1
t::/
,
Qj
with Colm's office to get the legisla-
, tion through this session with a series
of compromises.
During Thesday's Monte Sereno
Council meeting, Wright encouraged
his fellow council members to tap their
political connections' and lobby the
govemor to sign the bill, which would
mean almost $300,000 for Monte
Sereno's coffers - or about 20 per-
cent of the city's $1.5 million annual
budget The city has a population of
3,800.
"If you know anyone who knOw,s
the govemor ... I've already,called all
the people I know," he said,
The new funds could be used to
restore services that were cut dJJring
the dot-com bubble burst, said Kline,
who is confident the bill will be
signed.
'There is no opposition to it," he
said.
E-nUlil Aaron Claverie at
aclaverie@dailynewsgroup.com,
..~S.le~11'ews .
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'OPPOSELOOSER;:RULE$ ,.
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MedWNews Si:Iciv:ffl.en1 BUreau'
SACRAMENTO.'~';Aibi1rthat
would reIaX i~-gOvelnment co~-
trol over cell-phone towers is plov-
ing toward final apptQValin the~g-
.islature, opposed by cities and coUn~
ties across thestate.- . ,
. A spokesman for the author, Sen:"
Christin~ Kehoe, D-San Diego, smd,
Friday her measure would stream-
line,future.,placement of the trans- .
tnissiontoweJ:'!'l need,edto ,~rve the
growiI1g: legion of cell..phoneuSeI'S
~thout removing~uch local ; con-
trot', "," '.,',' ... .,. ','
, "It createS anmy planning pro-
cess",tohe1pwiteless~ommunica":
tlOnB c~)lnpllIlieS andcuStbmeI'S,'~
lioe spokesman- Brian,..Weinberger ,.
!~. ,~,; ," :\{L~;iit.;~.?d'~::~: !;."i"-,p~-._i~;.::-. :'~' ,-' . .
, .
!. .
Ttll$ DI\y'lN HISTORY: AUG. 19, 1996 . '
Ralph Nadenlcceptsthe presidential nomination of the
, ' ".Green partYinLosAngeles.': ,
~d.>'..,) .'.... ." ' ' · ..., .... '. fed~~ourt,~Q~~Phol<iingl<r
. :But cities and cOllIltie~ ,...;. includ- ,cal'coIltrQLQf'Wirel~: anteiml:l sit- ,
'ing ,~Santa .CrUz. and Marin.~' op.,.ingan4an.~~pt'1P.dnmia.ti~y
pose tQ.Iil"ni~ because ,the l~.' . Wlqliln;'nine; .co~U1lities'.right$:"
governments'usay they. would lose ,N3Il,W'JShner of Cell Tower Free Al-
rtluchoftheit,reg\lhition overplaee-, banysmd', . '
ment, .. expansion' aIld- removal. of . Beginning;J~ 1, the bill would
what ~y vj.eW, as unsightly cellu- prohibit cities and counties fJ.'Om re-
lar coinmuni6ations towerS. : ,strtctii1g wireless' conununications
The Sena.fu.1approve<i~iIl,., spon-, ' ' facilities to a few sites: .
sored by' T-Mobile' and baclredby ..,'.'Yoti cmrt say, 'W~, you can put
several cell-phone compamesj is ex- towers up'in olll' city but,onl~ for
pected to betaken upbY,the Assem- , example, on ,city-ownedproperty,' "
bly nEOO;week as 'the Legislature. Weinberger'said "It basically says
moVes toWard adjournment Aug. 31. ,you can't cut the discussion off, at
Gqy.' Arnold Schwarzeneggerhas the outset, to only very narrow loca~
not takena position on the measure. tions." .. '
. Foes. include . groups concerned, ,It would forceJocal governments
about the health risks from micro- .. to .issue permitsof~t leastl0 years
waves used in cell~phone communi" :in most cases, ~ well as ban cities
ca~ioiiS ,'. and homeowners" assQcia,- · and cQunties fro~;requiring a .de-
'tions;' .,. . . ,.. " : ,posit to.cover ,the cost, of eventual
"SB1627is an 'end tIln Qy the removal oftoweI'Sor < conuilunica-
. wireless industry' 'around ',recent tiODs gear placed,~top buildings, or
Water tanks; ',.
"Compamea'want time to recoup
some returns, on their investment,"
. while also. reduCing up-front costs,
,Weinberger said;' ,.., ,
The bill would allow teleconunu-
nications companies to add equip-
ment to facilities approved after
Jan. 1, with only administrative re-
view by officials, as long as the ex-
, pansion was envisioned as a possi-
bility in ,the original permit ap-
proved by officials. in a public
hearing. ' , .,
"That provides u~front analysis
of what the project IS going to: look
like over the life of that site:' Wein-
berger said., ,
Those on both sides of the bill .
said other states are closely watch-
ing the outcome of this debate. '
. Contact Steve Geissinger at
sgeissinger@angnewspapers.com.
24 Planning January 2006
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It\cross the U.S.5 forIn-based codes are uutH:n2: neyv urba.nist idea~
l CJ
oming up with a new
kind of zoning was not
the first thing officials in
Mississippi's Gulf Coast
communities had on their
.. minds after Hurricane
Katrina left their region a shambles.
There were many more pressing problems-
including disposing of 540 million cubic feet
of debris. Nonetheless, several of the coastal
communities along the 120-mile stretch from
Waveland to Pascagoula may be joining the
growing number oflocal governments that are
adopting the form-based codes advocated by
new urbanist planners and architects as a way
to shape a more compact, pedestrian-oriented
style of development.
On October 11, some 120 new urbanists
from 22 states and three foreign countries set
up shop in the ballroom of a damaged casino
hotel on the Biloxi beachfront. Working side by
side with local planners, architects, and public
officials, the group spent the next week crafting
visions of the Gulf Coast's future. By the time
the Mississippi Renewal Forum concluded a
week later, many Gulf Coast leaders were talk-
ing seriously about enacting the new forms of
zoning codes,
The conventional zoning and subdivision
regulations now in place in Mississippi's coastal
communities have encouraged a separate-use,
automobile-dependent pattern of settlement,
Jeff Taylor, deputy director of the Southern
Mississippi Planning and Development District,
a regional planning group serving 15 counties,
said in an interview.
That mode of development is becoming
untenable, he added. Municipalities need to
find ways to reduce reliance on driving, and they
need to build mixed use communities that would
be more convenient for residents and arguably
also better for the area's economy. Taylor and
others see form-based coding as a tool that can
help communities attain these goals.
The day after the Biloxi charrette concluded,
the small city of Flowood, about 150 miles in-
land (near Jackson), became the first Mississippi
community to adopt a form-based code. It ap-
proved a customized version of the SmartCode,
which was introduced by Duany Plater-Zyberk
& Company of Miami in 2002 and continually
refined since then. Chad Emerson, a law pro-
fessor at Faulkner University in Montgomery,
Alabama, tailored the SmartCode to Mississip-
pi laws and to the requirements of Flowood,'a
business center and bedroom communirywhose
population of 4, 750 is on the rise.
The process was initiated by developer Rich-
ard Ridgway, who wanted to build a 130-acre
project that would include a center containing
housing on top of retail, shops set close to the
sidewalks, and on-street parking rather than
parking lots.
At Ridgway's urging, Emerson gave a presen-
tation to the board of aldermen about a code
that would facilitate pedestrian-scale, mixed use
development, and met several times with the
city's lawyers, adapting the SmartCode to local
ordinances and practices, "Three months later,
the SmartCode was completed and pur before
the board of alderman, where it passed unani-
mously-without a single negative comment
from the local community," says Emerson.
"If you keep the same codes you had before
the hurricane, not only can the same storm
damage occur again, but the same sprawling
development patterns can occur again," Sandy
Sorlien warned during the Renewal Forum, an
II-community charrette authorized by Missis-
sippi Gov, Haley Barbour.
Sorlien, a photographer who has worked with
Duany Plater- Zyberk on several updates of the
SmartCode, noted that the code is becoming
easier and cheaper for municipalities to use, The
latest rendition, Version 7.5, is now available free
of charge to local governments in Mississippi
and elsewhere.
b-B3
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The charrette teams recommended new codes
in nine of the 11 coastal cities, Several of them
have since sent their planners, planning board
members, or elected officials to instruction ses-
sions in Alexandria, Virginia, and elsewhere.
Gulfporr (pop. 70,000), the largest city on
the Mississippi coast, and Ocean Springs (pop.
18,000) are two that have shown an especially
strong interest in new codes. "We're very excited
about it-and we're cautious, too, because it's so
different from the Euclidean zoning that evety-
one is accustomed to," says Donovan Scruggs,
planning director of Ocean Springs, The most
likely scenario, Scruggs says, is that Ocean
Springs will use a form-based code in some of
the areas destroyed by the hurricane.
As Mississippi goes, so goes the nation. At
least that's what some advocates of form-based
codes are hoping,
\Vhy r-han.~~~<(l
The desire for a new kind of code has been fed
by flaws in the codes that most communities
have been using for the past several decades, (See
"Form First," by Peter Katz, November 2004.)
One flaw is the inability of conventional codes
to define and create "character," says Paul Craw-
ford, FAler, who directed planning and building
for San Luis Obispo County, California, before
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26 Planning January 2006
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Permitted in:T6 (Urban Core) zone,
unless Arcade or Gallery required
T5 (Urban Center) zone
T4 (Urban General) zone at corners
D (District) zone
Required in: T6 (Urban Core) along Frontage Condition A and along 56th Street within SE Quadrant
Permitted in:T5 (Urban Center) along Frontage Condition A
D (District) zone throughout the entire CRA
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:coming a principal in the consulting firm of
rawford, Multari & Clark.
Most municipal codes give builders "utterly
adequate direction" about what their projects
LOuld look like and how they should form
lblic spaces, he says. As a result, most com-
unities "have to beat each project into shape
le at a time through discretionary review
:ocesses"-a contentious and time-consuming
ay of doing things.
Conventional codes, CrawFord says, "foclls
;,:cssivdy un fine disrinctiolls hl:twcen land
,es, and not much on urban design." They
~gulate through setback requirements, floor
'ea, limits on building height, and the like.
Jmetimes those regulations suffice, but rarely
) they make public spaces (such as streets, side-
alks, and plazas) feel like appealing "outdoor
loms" -places whose proportions generate a
leasing sense of enclosure.
Conventional codes tend to push differing
ses apart, says Crawford, whereas urban spaces
H:en gain allure and vitality by having hous-
19, offices, restaurants, stores, and cultural
ld civic uses brought close together in dense,
lixed use centers. The result could be a boost
1 tax revenue.
"It's value capture," adds Scott Polikov, Alcr,
f the Gateway Planning Group inAustin, which
elped write a variant on the SmartCode for
.eander, Texas, the fastest growing city in the
.ustin region. According to Polikov, the manda-
Jry code, adopted by local voters September
2, is the nrst application of the SmartCode in
le state. It replaces conventional zoning and
lbdivision codes in a 2,000-acre area owned
y seven separate landowners. The land, at the
orthwest terminus of a planned commuter
rail line approved by area voters in November
2004, is now part of a transit-oriented develop-
ment sector.
Polikov projects that the SmartCode's provi-
sions will generate twice as much development,
$2 billion worth, as would occur under con-
ventional zoning. The city government and the
Capital Metropolitan Transportation Authority
collaborated with major landowners on the
planning and code initiative, with landowners
paving much of the cost.
The TOO inirlarivl' prompted L<::dfldu lei
revise its existing code, which it did in September,
adopting a composite zoning code (which plan-
ner David Hutton, Alcr, describes in this issue),
The composite ordinance does not apply in the
TOD area except when a landowner wants to
rezone fewer than four lots in Old Town (the
city's downtown),
When' (~ an iwgan
To some extent, the form-based codes now be-
ing adopted are an evolution of the design codes
initially devised for greenfield projects, For DPZ's
Seaside, Florida, which started in the early 1980s,
and later for dozens of Traditional Neighbor-
hood Developments (TNDs), designers produced
codes requiring buildings to stand dose to the
street, to have front porches, and to maintain a
degree of architectural consistency.
A chief goal was the creation of sociable
streets and passages. "It's about spatial, physi-
cal characteristics~what it feels like to walk
down a street in a place," says Neal Payton
of Torti Gallas and Partners, a Silver Spring,
Maryland, firm that has designed many new
urbanist developments,
Those codes have become known as "form-
American Planning Associarion 27
based codes" because they concentrate more on
shaping the form of the built environment-the
building ext,eriors, the placement of buildings
on their lots, 'and the nature of streets and public
spaces-than on uses.
Codes in TNDs are often enforced by devel-
opers at first, and later by home owners associa-
tions. The local government may have little or
no role in implementing and administering the
code. But this is dlanging. As new urbanism has
gained acceptance among planners, there has
heen a proliferarion ofgovunmuH dOlllilllsruuJ
form-based codes, Munici palities use these codes
to shape development in downtowns, in aging
commercial strips, in historic districts, and around
mass transit stations, among other places,
California is a hotbed of form-based codes.
They have won adoption in the cities of Sonoma,
Petal urn a, Azusa, Ventura, and Hercules, ac-
cording to Crawford. They are being prepared
or considered in at least five other California
communities: Palo Alto, Cotati, Grass Valley,
Paso Robles, and downtown Newhall (part
of the city of Santa Clarita). Sacramento is
updating its general plan, which could set the
stage for establishing a form-based code in the
state capital. "We're constantly being invited
by municipalities to give presentations," says
Crawford,
But other states are catching up. Torti Gal-
las recently helped the city of Temple Terrace,
Florida, draw up a form-based code for a 225-
acre area that local officials hope to transform
into a relatively dense downtown. In Virginia
two years ago, Ferrell Madden Associates of
Washington, D,C" and Dover Kohl & Part-
ners of Coral Gables, Florida, worked with
Arlington County on a code for 3.5 miles of
\)- dLp
28 Planning Januar)' 2006
the Columbia Pike, trying to turn "an aging,
auto-oriented, suburban, commercial strip
back into the more vibrant, pedestrian-friendly,
'Main Street' destination that it originally was
and could be yet again," according to a county
planning statement.
~'>\."~'r:,:on~"~\ Ca\.'nrr(~' {,~\~I~r.q:f4'
Mter years of trying other ways to preserve and
add onto the historic fabric of its downtown,
Saratoga Springs (pop. 36,000) in Upstate New
Yurk finally ;j(1opted a fClllJl-bascd c.ode 1Il20lJ:3,
The code was devised fo r the ci ty by cons ultant
Joel Russell of Northampton, Massachusetts,
and Environmental Design & Research of
Syracuse, New York.
For more than two decades, the resort com-
munity had attempted to enhance the urban
qualities of Broadway, its grandly proportioned
main downtown thorougMare. Old buildings
undetwent renovation or restoration, but new
construction lagged except for the Congress Park
Cen'tre, a mixed use block that began in 1994
under a planned unit development ordinance.
The five-story center is transforming six acres
that once contained a single-story Woolworth's
strip shopping center with a parking lot in
front, Above its first-floor shops are offices and
balconied apartments. "Several more buildings,
including parking in the middle of the block,
are coming," says GeoffBornemann, Saratoga
Springs's planning director.
By the time construction of Congress Park
was under way, the city had realized that pedes-
trian-friendly, mixed use development could
be encouraged through a form-based code. "It
was a logical progression," says Bornemann.
That's when it hired Russell and EDR. They
drew up a document establishing three districts,
using Duany's concept of the "transect"-the
systematic gradation of a community from its
most urban to its most rural sector.
The SmartCode calls for six transect zones,
from T-1 (natural) to T-6 (urban core). It is
up to each community to decide whether to
demarcate all six zones and where to establish
each zone. Saratoga Springs chose to use the
transect and the form-based code only in the
denser parts of the community's 28 square
miles. The downtown became the T-6 zone.
Areas adjoining downtown became T-5 (urban
center) or T-4 (general urban).
Saratoga Springs carried out the rezoning
process "on a shoestring budget, using volunteer
committee members and existing planning staff,"
Bornemann says. The consultants then were
hired to help the city amend its zoning ordinance
and introduce the form-based code.
Some municipalities use a "visioning process
SMARTCODE
no: u;-\ 1 ~~\ p~l; i ry
Table 7 Private Frontages
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to reach agreement on how development should
be shaped. At these sessions, often a week-long
charrette, sketches and other visualizations help
citizens and planners alike determine how high
the buildings should rise, how dose they should
come to the street, and how to modulate devel-
opment from block to block or neighborhood
to neighborhood.
In Saratoga Springs, GeoffBornemann says,
"the key mandated items are that buildings must
be close to the street, must occupy most of the
frontage of their property, and must be two real
stories but less than 70 feet high. We wanted
true mixed use neighborhoods, and we wanted
new development [in the older areas] to look
like the traditional neighborhoods."
Cdiing i(
One advantage of form-based codes is that
after some study at the outset, they are simple
to comprehend. "It's a whole lot easier to
understand than conventional zoning codes,
where you keep getting referred to a different
page," said Laura Hall of Fisher & Hall Urban
Design in Santa Rosa, California, at the Mis-
sissippi forum. Hall is working on a code for
Pass Christian (pop, 6,800).
"'My experience is that the term and the
concept initially appear arcane, but once you f
walk people through the concept, they get it,"
says Paul Crawford.
Whereas conventional codes rely largely on
words, form-based codes are supplemented with
drawings that most people find extremely help-
ful:. Illustrations in the Temple Terrace, Florida,
downtown code, for exam pIe, show a variety of
design techniques that address the street and
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.,~ :., .
achieve the city's goals. There are illustrations
for frontage types, massing, dooryards, arcades,
windows, doors, planters, paving, and other ele-
ments that affect the public environment,
New urbanist planners say that applying the
transect concept-making decisions on such
matters as which areas are to be classified as
"urban core," "sub-urban," and so on-is not as
difficult as some might think. The SmartCode
requires that the community be laid out as
"pedestrian sheds" with a quarter-mile radius,
Each pedestrian catchment area must contain at
least one civic space or commercial institution,
That aspect of neighborhood planning does not
appear in all form-based codes, however,
What is challenging about form-based coding,
says Joel Russell, is specifying the forms of build-
ings and streets that are to be required within
each zone, The code "is very place-specific,"
he points out. "If you're doing a good job, you
might need 12 street types. You're going to call
for different building types."
In many cases, he admits, the level of physi-
cal detail in a form-based code exceeds that of a
conventional land-use plan. That's why Russell
believes it's "prohibitively expensive" to do form-
based coding for an entire community, unless it's
a very small place, "Most ofwhat a form-based
code regulates is at the neighborhood scale or
smaller," says Peter Katz, a lead organizer of the
recently established Form- Based Codes Institute
in Alexandria, Virginia.
In California, form-based codes are being
used in what the state calls a "specific plan"-a
plan for a particular section ofa city, frequently a
redevelopment area, In states where form-based
codes are not authorized for mandatory general
1) --- ;rr
American Planning Associa[ion 29
. f' l.t;' ~
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.lse, a municipality may nevertheless apply them
[n renewal or redevelopment areas. California,
Connecticut, Pennsylvania, and Wisconsin
[lave enacted enabling legislation that allows
municipalities to adopt form-based codes and
require compliance with them throughout their
jurisdiction, not just in urban renewal districts.
Similar legislation is expected to be proposed
this year in Mississippi.
Which side are you on,?
There's considerable debate on whether to make
codes optional or mandatory, Alabama law
professor Chad Emerson favors an "optional
overlay" code, one that may be used in part or
all of a community if a developer chooses to
employ it rather than being regulated by the
conventional roning ordinance. Emerson says
he has been able to get optional codes adopted
in Mississippi and Alabama towns in six to nine
months, since no landowners are forced to use
them. A mandatory code, by contrast, may take
years to win a local government's approval. He
thinks that since mixed use, new urbanist de-
velopments are becoming popular in the South,
many developers will decide it's good business
sense to use a form-based code.
Others contend that some locations, such
as downtowns and areas around commuter rail
stations, are so important that a form-based code
should be mandatory. On the basis of what he's
seen in Texas and elsewhere, Polikov argues that
a wise approach is "to identify key corridors and
sectors for new development and redevelopment, .
completely redo the master plan, and apply a
mandatory code,"
However, Polikov doesn't favor making the
~, .' ,";.,"
code mandatory for an entire municipality.
Doing so may trigger strong opposition from
people who prefer a less urban style ofdevelop-
ment -thereby causing the code to be defeated,
postponed for years, or watered down.
Incentives such as fast permitting and higher
density are often offered to make pedestrian-
oriented, mixed use development enticing to
developers, In fact, in communities where the
real estate fundamentals are favorable, developers
seem happy to work within form-based codes.
Bornemann says 12 major projects, worth $182
million and containing 850,000 square feet, have
been approved since Saratoga Springs became
the first Upstate New York city to institute
form-based coding.
Laura Hall says more than $100 million
worth of development has been constructed
or announced in a 400-acre section of central
Petaluma since adoption of a SmartCode there
in July 2003. "The SmartCode reduced the en-
titlement time from two years to 5,5 months,"
she notes. On the Colwnbia Pike, about a dozen
projects, collectively worth more than $1 billion,
have been approved or have entered some stage
!lmirtB:-AJ~4Dl1
If.~ o. - . .,' ..... ,. ..1iil' '-
SmartCode. Available on the web at VIWW.
placemakers,com.
Workshops. See VIWW,planning,org for infor-
mation on AlCP's New Urbanism Workshop.
Instruction on form-based coding is offered in
Alexandria, Virginia, by Virginia Tech's Academy
for the New Urbanism in partnership with the
nonprofit Form-Based Codes Institute,
of approval or conceptual development since
establishment of the code in February 2003.
Russell says there are at least two ways to
shift the cost of devising a form-based code to
developers. One way is to require the developer
to prepare the code. But, he adds, "that involves
some risk of the developer not doing a good
job." The second way is to have the municipality
devise the plan through a charrette and then,
when the developers request permits, charge
them a fee for doing the plan. "A developer is
often willing to do that because it saves a lot of
time," he says.
;\, ea...'eat
All this is notto say that a form-based code solves
every problem-or that conventional roning,
with its regulation of uses, is rendered unneces-
sa:Y by well-shaped buildings and streets. Even
in the areas regulated by a form-based code, the
local government typically exerts some control
over uses. In Saratoga Springs, for example, a
special-use permit is required in the "urban
center" and "general urban" neighborhoods.
Still, the rise of form-based codes has gener-
ated optimism among many urban designers.
Local governments finally appear to have a tool
capable of fostering settlements with lasting
appeal. "If all you have to code with is height,
setback, use, and quantity, you're going to have
communities with a coarse character," says Neal
Payton. Witll the more fine-grained regulation
supplied by a form-based code, he believes, "you
can get the characteristics you want."
Philip Langdon is senior editor of New Urban News and
a frequent contributor to Planning,
1) -d6
l.1:..
'i~ /' ..'Ji
Entrepren-her
Women tech execs ge1
a hand getting started.
Stanford
mall eyes
.
expansion
BY SHARON SIMONSON
ssImansan@Wjaumals.com
Stung by decline in municipal
tax revenue and competition for
retail dollars across the South
Bay, the clty of Plilo Alto is push-
ing the owners of Stanford Shop-
ping Center to enlarge the mall
by a fifth and add a hotel.
The move comes amidst indica-
tions that Stanford is searching
to dlflllrentiate Itself and remain
a regional retail magnet in an in-
creasingly crowded marketplace.
To its north, the center is
watching Bloomingdlile's, one of
Its five anchors, prepare to open
See EXPANSION, P.ge 45
1".111,,('1 \ 01'" '.;.';-11-111,1\ 'i". 1l,,1
!"_~\"-' 'l'(*I,~: I-,Vl.". ~
':II";"R~ClnV'tm'AUG 1 4 2006
F =~~. I' un t..UIll~1Il iJ(
L ~~T''"i." our Web site,
ENTERPRISE
95 N. Third Sl
Slile 100
S.n Ju... GA
95112
New InnVision CEO has
seen poverty from both
sides.
Page. 23-24
')my CAUDill UP: Sign up for free e-mail news updates at sanjuse.bizjournals.cum
AUGUST 11, 200S
sanjose.biz;ournals.com
THE BUSINESS JOURNAL 4f
CONTINUED FROM PAGE I
EXPANSION: Palo Alto officials would like to see a hotel as part of a larger Stanford center
a 360,000 square-foot store at the reno.
vated Westfield San Francisco Centre
in September, That facility is located in
San Francisco's Union Square, one of
'the holiest retail destination points in
the coWltry.
To Its south, San Jose's Westfield Shop-
pingiown Valley Fair and Santana Row
are emerging as a fearsome juggernaut.
Quarterly wes tax numbers show the
two are experiencing more rapid wes
growth than Stanford. Both centers lilso
are pursuing expansions of their own.
In addition, rumors are clrcuJating that
Neiman Marcus may open at Valley
Fair, though nellber the relailer nor
Westfield confirmed that
Valley Falr and Stanford already
share Nordstrom, Macy's and Macy's
Men's store. Valley Fair also says It
wants two new anchors as part of Its
expansion. Santana Row has the Hotel
Valencia
The economic development director
for Palo Alto says her city has watched
with dismay as Santana Row bas at-
tracted restaurants and shops that once The city also has watched as Los Al- cent three years ago to less 6 per.
distinguished her town. tos, East Palo Alto and Menlo ParK have cent today, according to real estate
"It's like a mirror Image," says Susan buill new hotels at Its fringes, cashing in researcher Relil Capital Analytlcs and
Arpan. "If I wanted a nice sult for work, on Plilo Alto visitors and cachet LoopNet
I always used to go to Stanford," Beyond that, the region is bursting The falling cap rates mean investors
Now Brooks Brolbers has shops at with retail expansion and redevelop- have been wi11ing to pay ever higher
bolb Santana Row and Stanford. ment. Westfield spent well over $100 prices for valley retail properties and to
"With lbe new shops, we want Stan- million enlarging Olikrldge Shopping pay more dollars .for the same amoWlt
ford to be able to capture the market that Center in south-centrlil San Jose two of current income compared to other
has a choice hetween the Valley F~lr years ago, adding a Target and enhanp- markets. Investors are willing to make
complex and Stanford," she says. ing curb appeal from busy Blossom Hili that choice in part because they lielieve
If Stanford added 250,000 square fee Road. Vallco Fashion ParK tn Cupertino valley strip malls and shopping centers
of shop space - the upper limit of wha is In the throes of a roughly $250 rni11Ion will appreciate faster than like centers
Is being discussed - Its square foot expansion and renovation, including In other locations.
would exceed 1.6 rni11Ion, Including an- a 3,500-seat movie theater and several Despite the marKet challenges, Stan-
chor tenants. hWldred condominiums. ford is not In any way stumbling toward
Together, Westfield and Santana Row Meanwhile, Santana Row is looking 0 demise. Simon Property Group has en.
support two million square feet of shops build 35,000 square feet of retail and res- hanced Its wes power In the last three
and restaurants, including Westfield's laurant space, Including some that will years. indianapolis-based Simon paid
three department stores. Wllb their pro- face buslllng Stevens Creek Boubvard. Stanford Management Co, $333 million
posed expansions, the two would have It lilso wants to put up anolber 1,087 con- in July 2003 to lease the shopping center
2.5 million square feet of shops and domlnlums and apartments, bringing for 50 years. According to Ms. Arpan,
restaw'ants, excluding the possible two the total number of housing units on the the company has pushed wes to $850 a
new ancllors. 42-acre site to 1,601. square foot from $600 a sqUal'!! foot the
"in the shopping center business,. the At Valley Fair, Westfield wants to add year lbey acquired It. That compares to
larger you are, the larger your drawing the anchors, two parking garages and sales of$690 a square foot a year at Valley
area and the more time people spend. nearly 300,000 square feet of.shop space. Fatr, according to data to be published in
The more thne people spend, the mOl'!! As It has been for nmch of the last the 2006 Directory of Major Malls, down
money they spend," says Bill Phillips, three years, the investment market is in from $700 lbe year befOl'!!.
managing director of real estate for the love with Silicon Valley retail properties. Wilkes Bashford, whose eponymous
Stanford Management Co. SMC admin- in the last year, $414 rni11Ion worth of store at Stanford has 10,000 square feet,
Isters more than $12.5 billion in Stanford properties changed hallds, up from $281 says Simon is an excellent manager. "If
endowment assets, including the shop- nillllon in the same four quarters of2004. something needs to be addressed (lbey)
Glng center and Stanford Reseal'Ch Pal-k. 2005. In the second quarter, .the ~Ion lake care of it, and that's not always the
in the last fOllI' years, Palo Alto has saw the highest rate of retall property case allarge compalues." '
seen annual sales tax revenue plummet sales in lbe last Il quarters wllb $205 As long as Stanford brings In retailers
40 percent to $18 mlllion. Combined With mll1Ion in pl:operty changing hands. who enhance its Image as a "medium to
a lesser decJlne In hotel-room tax, the At the same time, first year invest- upper-end center," expansion should be
fall has pUShed the city to cut its annual ment yields, or capillilizatlon rates, a good lblng, he says.
operating costs by $20 mililon to $1 have tracked a steady downwal'd path The Stanford mall produced $5.15 mil.
million, and to eliminate 70 city jobs. In the valley from more than 10 per- lion in fll'St-quarter sales tax J'!!venue
_s_
DRESS' 11IAGE: M.. S.lvador, WOOlIII'l .aIe. dir..t",. ....ngn IIaa i. 1110 Willa. BaslJl.rd .tm .t lhe
St....... ~Ing ealt.. I. PIli AIIL SI." ..." WPkaa Bubl""..,. he is In I..or Ir .. 11fI.1.1.. ., the
Slaa''''' SIIop"" Cenl.. "' Ieng I. .ew "tlPers Ire ....l.lent willi the mIll'. .ppar-ea' lInege,
for the city of Palo Alto, according to
clty staff. That was up 8 percent from
the same quarter in 2004, a respectable
performance, says Plilo Alto City CoWl-
cilman Bern Beecham.
However, he notes that together Vlilley
Fair and Santana Row produced sales
taxes of $7.75 million for San Jose and
Santa Clara in the fll'st quarter of the
year, up 21 percent from the same quar.
ter in 2004.
That relative perfonnance ts the real
story, Mr, Beecham says, and with the
expansion being discussed for Valley
Fair, the alarm bells for his city should
be jangling.
"It would be Wlconscionable for me to
ignore that change," he says.
Simon did not return calls or an e-mail
seeking comment on Its plans. Palo Alto
Mayor Judy Kleinberg says she expects
some communication from the company
in September or October.
Any expansion of the Stanford center
would have to be approved by Mr. Phil.
lips at Stanford Management Co.
For its part, the management compa-
ny is open to the clty's overtures on the
mall's expansion, Mr. Ph111ips says. His
only caveat is that any shopping center
expansion be considered in light of pos-
sible construction to renovate Stanford
Hospital & Clinics and the Lucile Pack-
ard Children's Hospital. both of which
are also on Stanford land.
Before that, of course, the Plilo Alto
council will have to oiIer Its blessing,
too. Palo Alto Councilwoman Yorlko
Klshimoto is enthusiastically circum-
spect about the proposition.
"There is no doubt lbat Palo Alto can-
not rest on Its laurels, but the vision
I have for the city and its economic
development Is one that fits with a com-
lDunlty that values the environment and
quality onife, too," she says.
That balance, to her, says that Stanford
Shopping Center can expand, but cartraf-
fic cannot and hOusing shortages can't be
accentuated, Instead, visitors, including
mall workers, should be riding public
transportalion and the mall should pay
a housing impact il!e to alleviate demand
from lbe new mall employees.
She lilso thinks the city Is being short.
Sighted in seeing the mall's expansion
as a primary solution to its budget woes,
however, and has encouraged the staff
to come up with "broader, deeper and
mOl'!! creative solutions" to rising spend-
ing demands. '
"Some of it also has to come ii'OlD
councll people," she adds. "But once
you step out of business as usual, It is a
pollticlil risk, and you have to be wllling
to take it"
SHARON SIMONSDN ""'" reat..lale 1..lhe Busn!ss
oltJumal Read, heral (4118) 2lI!l-1B53.
D~~;q
AUGUST 11, 2006
sanjose,bizjournals,com
THE BUSINESSJOURNAL 41
Housing Silicon Valley: Failure is all-too-real option
raised nearly $7 million, with $3 million to go.
After we achieve this goal, we need to secure a
permanent, on-going source offunds to assist tens
of thousands of workers in our valley.
However, the key isn't what we have done in the
past, but what we still need to accomplish moving
forward. Whether we are speaking with CEOs in a
board room or families in their living rooms, one
of the most pressing issues facing our valley is the.
lack of affordable homes for all of our workers.
We need your help.
If you are concerned about the valley's housing
crisis, please get off the bench and into the game.
Your involvement does not have to be with the
Housing Trust, although we would welcome your
participation. There is much to be done as it re-
lates to the need for housing in this high-cost valley: there are ways
to be involved in direct advocacy to urge city councils to approve af-
fordable home developments, to pass the November Statewide Housing
Bond (Proposition I-C), and to support more compact infill and transit-
oriented development.
Silicon Valley will not be a Sustainable Valley if all of our workers
live in the Central Valley, Salinas Valley or other points north, west,
east and south and commute here.
We have all heard the phrase "bedroom community." Ironically,
unless we solve our housing challenges, we run the risk of becoming
a "Board Room community," with bedrooms only the rich can afford.
And Silicon Valley cannot afford that scenario.
So get involved and become part of the solution to our valley's hous-
ing crisis.
The only thing we have to fear is failure - and the only real failure
is not trying to do our part.
Any Silicon Valley business leader worth their salt
knows that it is perfectly acceptable to try great things
and to fail. .
What is unacceptable is lacking the courage to at least
try.
Seven years ago, we helped launch the "Housing Trust"
of Santa Clara County. Throwing caution to the wind, we
shunned the professional fundraisers' advice to "not even
announce we were attempting to establish the Housing
Trust until and unless we had already achieved 75 percent ~.~ comment
of our fundraising goal." Knowing that fear, failure and ~l
public humiliation are great incentives, we announced our
ambitious fundraising goal to raise $20 million before we . Don Gage and Carl Guardino
had secured a dime.
We also set a target of just 24 months to raise the $20
million. As luck would have it, 12 months into the 24
month deadline, the economy fell off the table and has still not fully
recovered,
Yet on July 31,2001, we met and exceeded our goal- we raised $20.3
million through voluntary contributions.
As we celebrate the five-year anniversary of the Housing Trust, we
have reached some key milestones:
. We promised that $20 million would leverage at least $200 million
in private development. We were wrong. It has actually leveraged
more than $1 billion.
. We promised we would initially assist 4,800 families. Again, we were
wrong. We have already created nearly 5,800 housing opportunities.
. We promised to meet a spectrum of need in this high-cost valley.
Fortunately, we succeeded. We have already helped 1,593 first-time
homebuyers; we have helped fund the construction of 1,258 affordable
rental homes; and for the most needy in our valley, we have helped
3,022 families and individuals who are homeless or at-risk of becom-
ing so.
Since the initial $20 million, our "Phase Two" campaign secured
another $5 million in just 12 mohths.
Then, on Feb. 22, 2005, we launched an aggressive effort to raise an
O'ditiomil $10 million in three years. After just 17 months, we have
~
DON GAGE serves on the Santa Clara County Board of Supervisors and is chair of the Housing Trust
of Santa Clara County. CARL GUARDINO is CEO of the Silicon Valley Leadership Group and serves
on the Housing Trust's Executive Committee. Contact the Housing Trust through its web site at www.
housingtrustscc,org.
ViewPoint
Publisher
VllItage FosllI
NEWS
Editor
Nonnan Bell
Managing Editor
Cromw~1 SctOOarth
Assistant Managing Editor
Sieve Zockerman
Web Editor
Ellzabeth KIm
Reporters
llutl Culland - Ventula capllal, bIolBCh
lynn Grubler - Nonprollls, UIB sciences
AntB' F, lalllll . Transportallon,
mgy, 8JIlIlIs buslnoss, OOspllallly, law
lent HoOVBl- Was~ngton burBau chlel
Tlmitby IIDbBrts - Public pollcy,
corporate governance, Intllnel securlly
ShUIB SIIIIIIIOI- Ecooomic
dBVBIollfllBnt, real lltalli
Raks1la Varma - Small business,
retiil, banking
VaRBY Ufe Coordinator
Clvls A. Johnson
Research Director
Sua R. Hayden
Research Assoctale
lIsaD. Bel
Photographer
Denli8G. HBlIdr!cks
Graphics Director
Coneen Combes
Graphic Oeslgner
Marla Pazos
VlQ MAGAZINE
Editor
Diana DialOOnd
ADVERTISING
Advertising Director
Jeffery Da~s
Advertlslllg Coordinator
Spying
, program ruled
unconstitutional
NATION / page 11
The big top
makes a
Bay Area stop
FUSION / page 16
Volleyball
team looks for
big year In '06
SPORTS jpage 33
Los GATOS DAILY NEWS
Campbell
Trail stiii-"~~~
in the mix
City Council going ahead
with plans to extend path
BY AARON CIAVERIE
DAILY NEWs STAFf' WRITER
\J
,
0J
Despite strong objections from some residents
the Saratoga City Council is going to build i~
stretch of the De ADze Trail, officials say.
The e~vironmentaI report should be completed
an~ ~vaIlable for public review this fall, said
Kristm Borel, public works analyst.
A~er the report is vetted, the council can start
sendi~g out bids for construction. If there are no
laWSUIts that hold up the project, trail construction
would begin, wrapping up a long-running drama
marked by. hours of meetings, consultint fees,
fIred-up -reslde;"ts and an anonymous donor.
More than SIX years ago, the cities of Cupertino,
Sara~oga, Los ~a~~s and Campbell began dis-
cussmg the possibility' of a 9-mile multiuse trail
that would run alongside the Union Pacific Rail-
road tracks.
A~er studies det~ed the right-of-way red tape
mucking up the proJect, all the cities save Sarato-
ga dropped out, Borel said this week.
Saratoga. could move forward because the
str~tch of railroad land it wanted to convert into a
trail runs parallel to land owned by PG&E,
Instead of working with the railroad, Saratoga
c~ul~ move forward by building a segmented trail
wllhmthe PG&E right-of-way, said Council
I\..fember Ann Waltonsmith, who ran for the coun-
cIl ,on a platform that included strong support of
trwls and parks.
With that .right-of-way hurdle cleared, the city
started working on the plans for the trail, which
-'
C::.ao TDAII .........._ n
I Cupertino I Monte Sereno I Saratoga
NEWS
LoCAL
TRAIL
talked to an attorney, but there has been
no mention of a possible lawsuit.
"With all projects there are people pro
and con," said Waltonsmith. "We are try-
ing to take their concerns into considera-
tion with the project. We have created a
vanilla path :..- very plain and right down
the middle, e'l,ual' distance away from
everybody," '
In addition, the city has plenty of good
-reasons for turning the existing "path"
along the tracks into a city-maintained
corridor, she said.
"Right now there are homeless people
living in the bushes, knife fights, fires.
We would like more control over that,
From page 1
included conducting meetings with
neighboring residents.
Many of the residents - more than
150 strong signed a petition, according to
testimony included in council minutes -
came out opposed to the trail.
''1' m appalled that the city is going
forward with this due to the city's fman-
cial contraints," said Donna Poppen-
hagen. a resident who lives on land that
abuts the PG&E property.
Borel said the anti-trail residents have
~t_
and I think most citizens would like
that," Wa1tonsmith said.
Then there is the story of the anony-
mous donor, one of the interesting quirks
in the trail drama When the trail was first
proposed, a donor representing someone
who used to use the existing path gave
the city money that helped fund the stud-
ies and future construction. That money,
combined with grant funding, has helped
push the project along to this point.
If the trail is eventually built,' the
donor's name will be revealed and he or
she honored with a plaqu,ll, Borel said.
E-mail Aaron Claverie at
ac lave rie@dailynewsgroup.com
(~
wv
THURSDAY
SAN JOSE MERCURY NEWS
AUGUST 17, 2006
1M'ww.mercm"YriE:ws.cQml news
Shade
trees stay;
city says
By Mary Anne Ostrom
Mercury News
Please don't hack the hack-
berries.
A thorny dispute between
former San Jose City Attorney
Joan Gallo and her Rose Gar-
den neighbors appears to have
left her on the losing end.
Gallo wants to remove three
25-foot Chinese hackberry
trees that partially block her
new $50,000 rooftop solar en-
ergy system.
At a Wednesday hearing,
city arborist Ralph Mize de-
clared that his original opinion
that the shade-producing
trees could be removed to let
the sunshine in, pending
neighborhood comment, was
wrong. His new reading of
state law is that the trees must
stay.
It turns out state laws en-
couraging solar power super-
sede a city's tree law only
See TREES, Page 7B
r
TREES I City says
i hackberries stay
! Continued from Page IB
. when said tree is hindering
. installation of a solar sys-
tem, not its operation.
. Gallo, who served as the
. city's top lawyer from 1985
to 2000, did not appear at
the hearing. But her hus-
band, Bela, did, and he told
Mize and five neighbors that
his system was operating
only at 50 percent capacity
because of the leafy hack-
berries, which he and his
wife planted years ago
alongside the curb at their
University Avenue home. He
said at that rate, it will take
40 years to recoup, his
$50,000 investment.
Live with it, his neighbors
said.
The arborist's final deci-
sion is due next week and
Joan Gallo later said the cou-
ple will not appeal it.
She figures - and the city
arborist agrees - there will
be more such solar flare-ups
ahead as alternative energy
gains popularity and state
laws promote solar power.
The former city attorney
called the current state law
"ambiguous,' and said she
hopes dilemmas like hers
will prompt state lawmakers
to do more to help solar pow-
er users.
Contact Mary Anne Ostrom
at mostrom@mercurynews.
com or (415) 477-3794.
'D-~
TOLUME 59, NUMBER 34
CUPERTINO, CALIFORNIA
SEPTEMBER 13,2006
........................................................................................................................................................................................................................................................................................................................................................................................-
Sj(j)ltl€~ express c))"(yp()sitiorIl as 3tJi1l11lel(atiof1L t21.1lts g() 0111
;Y HUGH BIGGAR
exchange for the county's sup-
port on tax equity. The county
wants to divest itself of pockets
of unincorporated land to
reduce expenses such as police
protection and 'street repair.
Cupertino-along with
Saratoga, Los Altos Hills and
Monte Sereno-receives the'
least amount of tax revenue in
California, 4 percent, compared
to the standard 7 percent. If the
governor signs the tax equity
allocation bill passed this
month, which would bring
those cities up to the standard,
Cupertino could receive up to
$3 million.
The council's decision kicks
off a process that could add 17
acres to Cupertino, The islands
of unincorporated land are
home to about 15 dwellings
and about 40 people. It could
also help the city financially.
-- Annexation, page 7
Cupertino's city council
nanimously approved launch-
19 annexation proceedings for
nincorporated county land on
ept.5.
In an agreement with Santa
'lara County, Cupertino has
~reed to try to annex land in
Annexation: Some say, 'Not interested'
Continued from page 5
Residents of the unincorporated
areas, currently under the jurisdiction
of Santa Clara County, can p'rotest the
annexation at the Oct. 3 council meet-
ing.
One such resident spoke at the Sept.
5 meeting.
"My wife and I have gone through all
the proposals and are not interested in
being annexed," said Mark Adams, a
resident of Upland Way. "The reasons
are an increase in taxes [and] increased
review on building regulations."
If more than 50 percent of those
affected by the annexation feel 'the
same way and protest, annexation
won't happen. If between 25 percent
and 50 percent protest, the matter goes
to the voters, and if less than 25 percent
protest, the annexation proceeds.
Adams said seven neighbors also had
reservations about being annexed by
Cupertino.
Councilman Patrick Kwok encour-
aged residents to be open to the
process.
"There are many benefits," he said.
"It lets you voice your opinion in city
government, and that's important in a
democratic society. As for the city
[code] requirements, that's a good thing
because it makes consistency in the size'
of buildings."
Cupertino has been aggressive about
annexing land in the past, recently
adding Rancho Rinconada, Garden
Gate and Monta Vista.
'Ibis time the city has extra incentive
to pursue annexation.
However, the largest pocket of unin-
corporated land in Cupertino, the
Creston community of about 150 homes
along Foothill Expressway, will not be a
part of the annexation discussions.
Dave Knapp, Cupertino's city manag-
er, earlier told the COURIER the com-
munity has said it is not interested in
becoming a part of Cupertino.
b- 3 ~
18 THE CUPERTINO COURIER SEPTEMBER 20, 2006
LETTERS 6 OPINION
'-
.......-...............................-......... ............-........................-........................ ......... ........-....... ...........-............._...................~............-.....---................................................ .......-................-................ .--.-..-........-...-..............................-......-........-...........-.......--..................-..-.....-.......--.....
Treacherous trees-some aren't W"orth saving
OK, before tree huggers
have an aneurysm over the col-
umn's headline, let me confirm
that I, myself, am a tree hugger.
As a kid, I was the best tree
climber in the neighborhood.
Everybody said so. If Mom
couldn't find me, she knew to
go out in the yard and peer up
into the branches of the
Granny Smith apple tree.
When Mike, my son, was 4,
CAROL
BOGART
he crouched beneath a giant
old-growth oak next to a
Denver drainage ditch, watch-
ing intently as I taught him how
to tie a hunk of hotdog to a
string to cast for crawdads. I
have several photos of him
standing in the notch of the
tree's Y'd trunk.
At our Ohio farm, my favorite
tree was a gnarled old sycamore,
its thick, humped roots washed
bare by the action of the creek.
When time allowed I would
walk the woods, finally settling
into the tree's smooth, wide
roots to absorb the water's tran-
quil sound.
After my parents bought their
farm when I was 10, I helped
them plant 250 blue spruce
seedlings.
In short: I love trees.
What I learned, though, when
a forester evaluated the woods
at my farm, is that there are
trees, and then there are trees.
If a soft tree, such as a cot-
tonwood, falls in the forest and
crushes, say, a half-grown hard-
wood, such as a walnut or an
oak-well, that's too bad. If an
unhealthy oak splits and falls
on a child in a city park, that's a
tragedy. .
All things being equal, in
nature there's a place for sick
trees, too. Hollow trunks create
homes for everything from rac-
coons to wood ducks.
But that Y'd oak Mike and I
loved so much in Denver was a
disaster waiting to happen. The
forester told me water collects
in the notch, which tends to rot
the wood. Such trees are at risk
of splitting in half and crushing
a house or: car or person.
The utility companies' unhap-
py practice of "topping" trees to
make way for, say, power lines
weakens the tree, leaving it sus-
ceptible to disease and insect
infestation, he told me.
Sometimes, he said, cities don't
think about a tree's "anchor"
roots when . putting in sidewalks
and curbs. Destabilized, such
trees are more likely to fall, and
could hurt or kill someone.
When I was thinking of tak-
ing one of the fields at my farm
out of production and planting
trees, the forester shrugged. He
said if ljust left it alone, in six
years, all sorts of trees would
start to grow-from seeds car-
ried by the wind, dropped by
birds, hidden and forgotten by
squirrels and so on.
Unchanneling Stevens Creek
to restore its natural flow will
certainly enhance habitat for its
aquatic population: fish, turtles,
snakes, crawdads-which, in
turn, support herons, raccoons,
eagles and other birds and
wildlife. With or without planti-
ng acorns to replace oaks that
are in the way of the restora-
tion project, as someone once
said, "Nature always wins." If
you doubt it, just go a ,Season
without mowing your lawn.
One day when Mike and I set
off for the ditch for an hour or
s6 of crayfish catching, we dis-
covered Denver had lopped off
one branch of the Y. The tree
now had but a single, misshapen
trunk. It looked mutilated. Mike
was confused. I cried.
Today, though, now educated
by the forester, I understand
why Denver did it. I'm thankful
the tree's trunk didn't split and
fall with my unsuspecting son
beneath it.
Cities interested in properly
managing city-owned trees can
adopt the Arbor Day
Foundation's Tree City, USA
program. The website is
http://www.arborday.org/pro-
grams/treeCityUSA.cfm.
To receive a free Tree City
USA booklet, call 402.474.5655
or email treecity@arborday.org.
Carol Bogart is the editor of
the OJPERTINO COURIER
Contact her at cbogart@com-
munity-newspapers.com, or
call 408.200. 1 055.
1)-31
II
uSlness
;~,,:
'A top tech hu
HIGH HOUSING COSTS THREATEN
VALLEY'S STATURE, STUDY SAYS
V
I
(fl
Vl
By Scott Dul(e Harris
Mercury News
Silicon Valley retains its
stature as the world's top tech
center as capital investment
continues to rise in the region,.
but the priCe of this success -
high housing costs - threat-
ens to erode the valley's posi-
tion. ,
Those are some of the con-
clusions drawn from an annual
study by the Silicon Valley
Leadership Group, a public
policy advocacy organization.
The report, subtitled "Tough
Challenges - Hopeful Signs,"
highlighted both the pluses
and minuses of doing business
in the valley.
One acute downside: The
study's "Housing Opportunity
Index" found a sharp drop in
the affordability of homes in
Silicon Valley in the past year.
Only 14.9 percent of the valley
houses sold in March 2006
Online Extra
Post your comments
about this story and
read what others have to say at
www.mercurynews.com
Ibusiness .
were affordable to median-in-
come households - a sharp
drop from 19.5 percent a year
earlier and 32.6 percent two
years ago, according to the Na-
tional Association of Home
Builders.
Among the report's other
findings:
. Silicon Valley attracted
$7.9 billion in venture capital
investment in 2005, nearly as
much as the next 11 U.S. tech
hubs combined. Rurulers-up
were Boston at $2.08 billion,
Portland at $1.85 billion and
Seattle at $1.03 billion.
See STUDY, Page 5D
for now
Silicon' Valley's strengths, challenges
Silicon Valley retains its edge as the center of the tech industry, but its problems
could erode its global leadership position. High housing costs discourage
newcomers. But capital investment is still pouring into the valley far more
than other regional tech centers.
Valley gets more investment
Capital investments in Silicon Valley soared 20 percent from 2003 to
2005. With a total of more than $7.9 billion in 2005, venture investments
in Silic6n Valley nearly equaled the total of the nation's next 11 tech regions
combined.
$~ ~:::;;~=~~=:~~--_____,,____,_:'~~O%_t:
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6
5 --".--'.--.....--.--......--,-.."-..--.---,,---.-.-,,.---..--
4 "."..
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e
2
o
1=-
_.----------~-g.~~---,---_...".._._---
b
2003
2004
2005
o Silicon Valley
D Boston
D Portland
[] Seattle
D VV~sh" D.C,
D South N.J.,
West Pa.
D Denver
6 Austin
D San Diego
P New York
d Chicago
D Raleigh-Cary
Sources: PWC, Venture Economics, NVCA Money Tree, National Association of
Home Builders, www.nahb.org
. Fewer affordable homes
Fewer homes sold in Silicon Valley an
affordable to a median-income
household, according to the regional
"Housing Opportunity Index" compile(
by the National Association of Home
Builders, It assumes that 28 percen
of a houshold income would be applie(
to housing costs.
Percentage of homes affordable to household
earning the median income.
Sin~on Valley
iY);,;liii 14.90%
58.30%
~~~~,~!~j~:::~, 24.80%
~~J4f\~~ijlWa)k~~,'i:i;;\i.~i.\.", 51.30%
62.40%
~1;c~l:.l~~~~~~~~J)i.~ 56.40%
New York
"""'6.10%
,~2~~~~S",~2,!~\i;!$~~~ 42.50%
gCl!.~j,~.J,U~9%!JiYcd~i,g,i'J({Si,,;:,1,,:t'.., "
. 65.80%
~!;In Di~o
, 5.211"10
p.e.aUle.I\\;l}';;",.".,
'''''''''''''.,."",,!j,,''. 32.60%
iWfl.~lljngtg'if.6%%
STUDY I High
costs threaten
tech economy
'1
eN
(
ContinuedfroinPage ID
ill California, with the valley
leading the way, is a magnet
for "clean tech" investments
,such as alternative energy
technologies including solar
and biodiesel. According to the
Cleantech Venture Network,
California companies received
$484 million of the $1.6 billion
invested nationwide in clean
tech.
II The valley's combination
of strengths - with leadership
in computer and telecomm~-
cations technology, and also ill
life sciences research - is un-
surpassed in a global compari-
son with tech centers such as
Bangalore, India; Singapore; -. .'
Shanghm, China;To~;Lo~
don; Dublin; and Berlin. '
III The valley ranked dead
last in a comparison of 12 US.
tech hubs on a matrix that
gave equal weight to six "criti-
cal issues": unemployment
rate, housing costs, traffic con-
gestion costs, 8th-grade math
achievement, electricity costs
and state tax rates.
'Success curse'
"Silicon Valley suffers from
the success curse," smd Rick
Weddle, chief executive of
North Carolina's Research
Triangle Park. The Raleigh-
Durham area, with its low
housing costs and free-flowing
traffic, ranked first in the com-
parison for the second strmght
ye~.
flect the doubled-edged aspect
of the region's dynamic econo-
my, smd Carl Guardino, chief
executive of the valley'leader-
ship group, But the valley also
faces challenges in education,
energy costs and health care
that primarily reflect policy
decisions, Guardino smd. If not
addressed, these troubles'
could ultimately hurt the val-
ley's ability to maintain its
leadership status, he smd.
For companies trying to re-
cruit and retain employees,
housing costs have become a
greater obstacle, even though
census data recently found
San Jose ranks second in the
nation with a median income
of $70,921.
The report's "Housing Op-
portunity Index" was based on
a formula that applies one-
third of a household's income
toward housing costs. In actu-
ality, many new homeowners
in the valley apply half or more
of their income toward home
purchases, while increasingly
using creative financing such
as adjustable mortgages, bal-
loon payments and interest-
only payment options to mini-
mize mortgage paynlents.
High-costs burden
Anecdotal evidence abounds
on the burden of housing
costs. One CEO, Guardino
smd, recently told him of hav-
ing 17 out of 20 applicants re-
ject job offers in part because
of the Bay Area's high costs.
The various costs associated
with doing business in Silicon
Valley, Guardino smd, rarely
prompt companies to relocate
to other regions, But it can
have profound effects on
where companies choose to ex-
pand their workforce. "What
happens most often is just a
quiet decision that, as jobs are
added, they're not added
here," Guardino smd.
On a positive note, the lead-
homes sold in Marcil
2006 were affordable
to median-income
earners,
ership group, which includes
the Mercury News as a I1,1em-
. bel', smd California's enVlron-
mental policies, such as a new
effort to limit greenllouse gas-
es, will help stimll;late "clem:
tech" development ill the years
to corhe. SVLG member Barry
Cinnamon,fuunderofAJree?3
Solar in Los Gatos, says the lYl-
centives encouraging solar
production could also spur 3
new wave of manufacturing. I
North Carolina's Weddle i
says his group doesn't just ~se I
the SVLG study as a sellmg
. point to attract investment.
"We use those studies to illus-
trate to our politicalleadershlp
why we need to stay ahead 0:
the problem," he smd.
IF YOU'RE INTERESTED
The Silicon Valley Leadership GI'OU1:
will hold a forum on its report
Wednesday from 8 a.m to 12:30
pm at the Mayer Theater at Santa
Clara University. The public is wel-
come, but registration is required at
www.svlg.net.
Contact Scott DulU! Han7s at
sdharris@mercurynews.com or
(408) 920-2704.