Director's Report
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CITY OF
CUPEI\1INO
Community Development Department
SUMMARY
AGENDA NO.
. -
AGENDA DATE: October 3, 2006
SUMMARY:
Annexation proceedings for territory designated as Cupertino Pockets 06-01, consisting
of the annexation to the City of Cupertino of approximately .:t17.38 acres of developed
and undeveloped, unincorporated territory generally bounded by Stevens Creek
Boulevard, Stelling Road, the southerly city limits and Stevens Canyon Road.
RECOMMENDATION:
Staff recommends that the City Council:
A. Conduct the public hearing and accept written protests and withdrawal of
protests.
B. Close the public hearing and ask the City Clerk to determine the value of the
submitted written protests.
C1. If the City Clerk cannot immediately determine the value of the protests,
continue the item to the meeting of October 17th ;
OR
C2. If the protests represent less than 25 % of the registered voters who reside in
the affected territory or less than 25 % of the landowners of the affected territory,
1. Adopt a Negative Declaration for the project, Cupertino Pockets 06-01;
2. Order the annexation of territory per the model resolution;
OR
C3. If the protests represent 50% or more of the registered voters, terminate the
annexation proceeding.
1)1,2 -I
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Director
Planning Commission Agenda Date: Tuesday, September 26, 2006
The City Council met on October 3, 2006, and discussed the following items of interest to
the Planning Commission:
1. Consider making determinations and approving the reorganization for territory
designated as "Cupertino Pockets 06-01": Adopted Resolution No. 06-167. (see
attached staff report)
2. Stevens Creek Corridor Park Master Plan and Restoration Plan: The City Council
certified the addendum and mitigated negative declaration per CEQA Guideline
15164, CEQA analysis and proposed conclusions pertaining to the environmental
effects of certain revisions to the SCCP and approved the proposed revisions to further
reduce traffic, noise, and related effects on nearby neighborhood, and the proposed
acceptance of the terms of the litigation settlement Memorandum of Agreement, Fry v.
City of Cupertino. (see attached staff report)
3. Consider the parking structure north of Macy's to exceed the permitted 32-foot
height limit and to allow parking on the fourth level: Vallco Park has agreed to host
a field trip at the parking garage at 5:30 PM on Wednesday, October 18th, prior to the
City Council meeting. A public hearing notice will be sent to the residents within
1,000 feet inviting them to join the field trip. The meeting will start in the TGI
Friday's parking lot. (See attached email)
Enclosures:
Staff Reports
Newspaper Articles
G: \ Planning \ SteveP\ Director's Report \ 2006 \pdlO-10-06.doc
lJIR-z.
Cupertino Pockets 06-01
Page 2
October 3, 2006
------------------------------------------------------
----------------------------------------------------------~-----
BACKGROUND:
Annexation strategy On February 2, 1998, the City Council adopted an overall
annexation strategy for three of the larger inhabited, unincorporated pockets in
Cupertino: Rancho Rinconada, Garden Gate and Monte Vista. By late 2004, all three
large pockets were successfully annexed, leaving the Creston neighborhood and a few
scattered small, unincorporated pockets. This annexation proceeding addresses the
latter: .:!=.17.38 acres of scattered vacant land or land developed with single-family
dwellings, consisting of eight distinct islands with 18 parcels, 15 single-family dwellings
and about 40 residents (Exhibit A-I).
DISCUSSION:
Public Outreach Staff did extensive outreach with Cupertino Pocket property owners
and residents that included:
a. The mailing of the "Urban Pockets Annexation Questions and Answers"
handout on June 30, 2006;
b. A web page on the City of Cupertino website that provides information on
upcoming meetings and on-line documents; and
c. Timely responses to resident questions via telephone, fax, email and personal
contact.
City Taxes and Fees Upon annexation, unincorporated areas receive city services and
are subject to city taxes and fees. The city taxes and fees that would be extended to this
area include:
1. The Utility Users' Tax, which is currently 2.4% of the natural gas,
electricity and local and long distance telephone charges. Homeowners
age 65 or over may apply for utility tax exemption;
2. The Storm Drainage Service Fee, which is currently $12.00 per single-
family or duplex residential parcel per year, $144.00 per acre of apartment,
commercial, or industrial land, and $36.00 per acre of vacant land, on an
annual basis; and
3. The Business License Fee, which is currently $105.00 per year for most
hOlTLe businesses.
Annexation Protests All registered voters and property owners of the affected territory
are eligible to protest the annexation proceeding in accordance with state law. They
were informed of their protest rights and procedures in the public hearing notice
(Exhibit B-1). Protestors may submit written protests until the closure of the public
PI k ~ 3
Cupertino Pockets 06-01
Page 3
October 3,2006
--------------------------------------------------------
-------------------------------------------------------------------
hearing. They may also withdraw their protests. Protest valuations are based on the
current registered voter roll and the year 2006-07 equalized assessment roll of property
owners and assessed land valuations. There are 37 registered voters, 30 property
owners and a current assessed land valuation of $7,549,861. .
The following are the alternative City Council actions in accordance with state law:
1. Order the annexation if the protest valuation is less than 25% of the registered
voters, and less than 25% of the property owners who own less than 25% of
the assessed land valuation.
2. Order the annexation subject to confirmation by the registered voters of the
affected territory if the protest valuation is more than 25%, but less than 50%
of the registered voters, or more than 25%, but less than 50% of the property
owners who own at least 25% of the assessed land valuation.
3. Terminate the annexation proceeding if the protest valuation is 50% or more
of the affected registered voters.
To reach the protest levels required to have an election (minimum 25%), protesters must
have at least 10 valid protests from affected registered voters, or at least 8 valid protests
from property owners who own a combined assessed land valuation of at least
$1,887,465.25.
A valid written protest from one individual has been received as of September 25,2006.
This protest represents one registered voter (2.7%), one property owner (3.33%) and an
assessed land valuation of $257,743.50 (3.41 %). New property owners not on the
current assessment roll must provide satisfactory evidence of property ownership to the
City Clerk for their protests to be validated. Staff expeds that additional protests will
be submitted on October 3,2006.
Prepared by Colin Jung, Senior Planner
Submitted by:
Approved by:
Steve Piasecki
Director of Community Development
~D dUc:A-Uif
L David W. Knapp
(J" - Ci ty Manager
c5l-~ ci3-.u~ /~
,
'PtR,i-j
CITY OF
CUPEI\IINO
Parks and Recreation Department
CITY COUNCIL
STAFF REPORT
Agenda Item Number l S-
Agenda Date: October 3, 2006
ISSUE
Certify the addendum and mitigated negative declaration for the Stevens Creek Corridor
Park Master Plan and Restoration Plan (SCCP) per CEQA Guideline 15164, CEQA
analysis and proposed conclusions pertaining to the environmental effects of certain
revisions to the SCCP.
Approve proposed revisions to the SCCP to further reduce traffic, noise, and related
effects on nearby neighborhood, and the proposed acceptance of the terms of the
litigation settlement Memorandum of Agreement, Fry v. City of Cupertino.
BACKGROUND
The attached documents represent the items agreed upon in the settlement conference
relative to Fry v. City of Cupertino.
RECOMMENDATION
Certify the addendum and mitigated negative declaration for the Stevens Creek Corridor
Park Master Plan and Restoration Plan (SCCP) per CEQA Guideline 15164, CEQA
analysis and proposed conclusions pertaining to the environmental effects of certain
revisions to the SCCP.
Approve proposed revisions to the SCCP to further reduce traffic, noise, and related
effects on nearby neighborhood, and the proposed acceptance of the terms of the
litigation settlement Memorandum of Agreement, Fry v. City of Cupertino.
Printed on Recycled Paper
IS-rA-!
PI ~ ,to
i
ClTYOF
CUPEI\TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
Summary
Agenda Item N o.li.
Agenda Date: October 3, 2006
Application: M-2006-05, ASA-2006-19 (EA-2006-18)
Applicant: Mike Rohde (Vallco Shopping Center)
Property Location: 10123 N. Wolfe Road, APN 316-20-064
APPLICATION SUMMARIES:
USE PERMIT AMENDMENT to allow the parking garage north of Macy's to exceed the
permitted 32-foot height limit and to allow parking on the fourth level.
ARCHITECTURAL & SITE APPROVAL to allow the parking garage north of Macy's to
exceed the permitted 32-foot height limit and to allow parking on the fourth level.
RECOMMENDATION:
Planning Commission requests:
The City Council provide clarification on its previous intention not to approve
additional heights on the parking garage prior to the Planning Commission's review
and determine if the item should be reviewed by the Planning Commission.
BACKGROUND:
The applicant, Mike Rohde of Vallco Fashion Park, is requesting approval to allow the
parking garage north of Macy's to exceed the 32-foot height limit in order to provide
parking on the fourth level. On January 17,2006, the City Council approved the garage
at 3 levels not to exceed 32-feet. The Council included the following directive in its
motion approving the garage: There is an intention to not approve any more height to the
structure in the future (See Exhibit A). The applicant is aware of the Council's intent but
feels that the extra stalls on the fourth level are vital to support the center's expansion
and the structure can be designed to respect the relationships to the adjoining
neighbors.
PIR; t6
Applications: M-2006-05, ASA-2006-19 (EA-2006-18)
Vallco Parking Garage
Page 2
DISCUSSION:
On September 13,2006, the Environmental Review Committee (ERC) reviewed the
project and recommended a mitigated negative declaration provided that the visual,
noise and lighting impacts to the adjacent residential neighbors are mitigated. In
addition, the ERC required the preparation of a noise report analyzing the potential
noise impacts of the additional parking stalls on the fourth level prior to the approval of
the project. A neighborhood meeting was held by Valko on September 14,2006.
During the meeting, neighbors raised concerns on the potential visual, light and noise
impacts from parking on the 4th level. The neighbors wanted to review the noise
reports and see lighting details prior to the public hearings. A noise consultant has
been obtained by the City and is currently collecting sample measurements and
preparing the noise analysis. The applicant will need to submit detailed information on
the fourth level lighting details and sight line analysis from the adjoining affected
residential properties.
Since the Council previously ruled on the garage height issue and has expressed the
intent of not approving additional height extensions, the Planning Commission at its
September 27, 2006 hearing referred the item to the Council for clarification and
consideration. The Commission through a minute order is requesting that the Council
clarify its previously intent regarding the garage height and determine if the item
should be reviewed by the Planning Commission.
The City Attorney is advising that the October 3,2006 hearing should focus on the
review and decision process. The formal public hearing and deliberation of the item
should be postponed to a date certain so proper legal notices may be sent out to the
neighbors.
Prepared by: Gary Chao, Associate Planner
c~~e~~-~ ~s.tv~:t -fo 1-' S P
Steve Piasebii U
Director, Community Development
Approved by:
.. ""~4 Gh.A- u/u tI
1 _ D~vid W. Knapp
~ CIty Manager
Submitted by:
Enclosures:
Exhibit A: City Council Action Letter I...;/ll '5'
Planning Commission Minute Order (No. 641..t)
Planning Commission Staff Report September 26, 2006
PI R -q
Ciddy Wordell
Cc:
Subject:
Steve Piasecki
Thursday, October 05, 2006 10:05 AM
'ichiban mamasan@hotmail.com'; 'urfriendsh ilpajosh i@yahoo.com'; 'htrudeau@aol.com';
'g ren ua5000@yahoo.com'
Gary Chao; Ciddy Wordell; David Knapp; Grace Schmidt; Kimberly Smith
Vallco Parking Garage Hearing
From:
Sent:
To:
Dear Resident:
Vallco Park has agreed to host a field trip at the beginning of the Wednesday October 18th City Council meeting, at the
Macy's parking garage starting at 5:30 PM. Several people asked for a model and there is no better model than the actual
structure. Since this is a public hearing we are sending out a public notice inviting residents within 1,000 feet to join us at
the structure.
We will congregate in the TGI Friday's parking lot at 5:30 PM and walk in front of Macy's to the west side of the structure
and then walk up the ramped levels up to the top deck. If there is insufficient parking at TGI Friday's then you can access
the surface lot located north of the structure or the parking structure west of the mall. The council will open the public
hearing, discuss the options and then recess around 6: 15 PM - 6:30 PM, and drive back to City Hall. The City Council will
reconvene the meeting at the council chamber (Community Hall) at 6:45 PM to hear and deliberate the item.
If you have questions please contact myself at (408) 777-3218 or Gary Chao at (408) 777-3247 or email me at
stevep@cupertino.org or Gary at garyc@cupertino.org.
Thanks,
Steve Piasecki
Director of Community Development
1
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------, "'------
Collisions, near-misses cause
consternation around schools
.... page 7
Ne"W fee for
taking out a
tree IS talked
over by city
Commission discusses change
in managing, removing trees
\
G-
By HUGH BIGGAR
Several residents, an arborist and a
tree care professional stayed past
midnight Sept. 26 to help the
Cupertino Planning Commission dis-
cuss ways to prune the city's tree
ordinance.
At the moment, the city has experi-
enced the loss of many trees due to
confusion about permits and what
trees are protected. As result, the city
council directed the planning com-
mission to hold public discussions on
possible changes to the city's tree
ordinance.
Topics of discussion at the Sept. 26
hearing included the cost of the per-
mit needed to remove trees, criteria
needed to define dangerous trees
and protected trees, the importance
of tree canopies on Cupertino's sky-
line and possible deterrents to illegal
tree removal.
"Drop the price down," said James
Welch, who operates a tree care busi-
ness, of the city's permit cost of
roughly $2,500. "When I first heard
[the price], I thought it was a joke
because it was so far out of line,"
Welch said, noting neighboring cities
such as San Jose and Mountain View
do not charge for a removal permit.
Barrie Coate, Cupertino's consult-
ing arborist, also suggested charging
more when fining those for taking
out a tree without a permit.
"The biggest deterrent is regula-
tions that prohibit tree removal and
[imposing fines] fines," he said. Coate
also suggested a brochure about the
tree ordinance be given to homeown-
ers or contractors to help educate
them about Cupertino's tree policies.
Sid Jacobson, who works for a
church, also suggested more public
education might be useful. "Provide
guidelines to what is considered a
dangerous tree," he said while dis-
cussing a potentially dangerous
Colter pine on his employer's prop-
erty. "There need to be guidelines
other than a person's opinion on
whether it's dangerous," he said.
... Tree, page]]
Bar loses its bid to extend its
hours; residents are relieved
... page 9
Team trumps Pioneer by score
of 31-14 in opener
.... page 29
The \Mcsl
Classifiec.
.... page 32
Volume 59, Number 37 · October 4, 2006" Cupertino, CA .. Est. 1947. w
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I
I~ R -IQ
NEWS
Blue Pheasant loses on its
bid to remain open later
Residents complain about
traffic, trash and noise
By HUGH BIGGAR
After hearing testimony from several
neighbors of the Blue Pheasant
Restaurant, Cupertino's planning com-
mission recommended 3-1 against an
amendment that could have led to later
operating hours at the business.
The owner of the Blue Pheasant,
Mike Tsachres, had hoped to operate
the eatery until midnight three nights a
week. Tsachres said closing at 11 p.m.
hurt his business.
To stay open late, though, would have
required a change in zoning, allowing
for Tsachres to apply for a conditional
use permit and public review process.
The restaurant, located next to the
Blackberry Farm Golf Course, is zoned
parks and recreation rather than com-
mercial and is also across the street
from a residential neighborhood.
In response to the possibility of mid-
night hours, neighbors of the Blue
Pheasant turned. out in force at the
Sept. 26 planning commission meeting
to express their concern.
"The problem with extending the
hours is the kind of guests you are going
to get, such as people from other bars,"
said Marjan Kashvad, who lives across
the street. "We've had that problem
before," she said of previous owners
who operated the business until 2 a.m.
Although allegations of prostitution
at the Blue Pheasant have ended with
the new ownership, neighbors said late
night customers continue to cause prob-
lems including beer bottles on lawns,
garbage on the street and loud, drunken
customers.
Resident John Ennals also disputed
Tsachres' assertion that his business was
suffering. Ennals said he counted the
number of weekend vehicles at the Blue
Pheasant at about 11 p.m. on several occa-
sions and found the parking lot packed.
After listening to such issues, the
planning commission voted 3-1 against
a zoning amendment. Commissioner
Lisa Giefert voted for the amendment,
and Commissioner Taghi Saadati was
not present.
"I support it because we as a city
need to do what it takes to make the
Blue Pheasant work," Giefert said.
The other commissioners, though,
said it was the right business in the
wrong location.
"There is an inherent conflict of
interest in the fact the city is running a
business and bar in a parks and rec
zone," chairman Marty Miller said.
Bikes: Accidents, many near-misses
Continued from page 7
the Creston community along Foothill
Expressway. Orvick, who has children
at Kennedy Middle School and Monta
Vista High School, said she had been
told of the five accidents and was not
surprised.
"People are distracted talking on cell
phones and not taking enough care
while driving in a school district,"
Orvick said, adding she had seen people
parking in red zones and jaywalking."
Russ Ottey, principal at Kennedy
Middle School, said such problems are
not new.
"It's always a concern, and we're
working with the sheriff's department
on it," he said. Ottey also said it has
been so long since the school district
has used buses--dropped for budgetary
reasons-he is not sure if their absence
contributes to safety issues.
Ottey said Kennedy's staff teaches
bicycle safety and also tries to enforce it.
"We have an assistant principal
\~atch0g ,th~ Hya~n~sport exit when
to be more careful about doing the right
thing."
"I'm flabbergasted people would put
their own agenda ahead of kids' safety,"
Orvick said, suggesting police could
issue more tickets as a way of ensuring
drivers' attention.
Pappas said she tells her children toO
walk their bikes in crosswalks, to make
eye contact with drivers and to not
assume vehicles always see them.
"I know it's not always the driver's
fault, but as parents we are the ones
that need be aware," she said.
Ottey said he had restructured' the
traffic flow in one of his parking lots
and moved an exit that emptied near a
street stop sign to help alleviil.te the
vehicle crunch-a move that seems to
be working.
"It would also help if parents call and
let me know about certain intersections
that need monitoring," he said.
Email US
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