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Director's Report CITY OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Direct~::sf/_""-<L- Planning Commission Agenda Date: Tuesday, February 12, 2008 The City Council met on T anuary 4, 2008, and discussed the following items of interest to the Planning Commission: 1. Metropolitan Planning Group project located at 1601 S. De Anza Blvd.: Requesting approval to construct a six-unit small-lot smgle family residential development. o Council agreed with the Planning Commission recommendation and denied the use permit and tentative map to construct the six homes (see attached staff report for U-2007-02). 2. City Council Work Program: The City Council discussed and provided specific direction for the work program for the upcoming 2008/09 Fiscal Year. The Planning Commission will develop the Commission work program once the Council changes have been incorporated into their new Work Program. 3. Recommendation of ERC Representative: The council accepted Planning Commission recommendation to appoint Chairperson Marty Miller as the Environmental Review Committee representative. Miscellaneous 1. Planning Commission appointment: On January 22, 2008, City Council interviewed 11 candidates for the current vacancy 011 the Planning Commission but could not reach consensus on the preferred candidate. Council will re-advertise the vacancy and make the appointment following seating of newly elected council member Mark Santoro. 2. Economic Development Committee: The Economic Development Committee held their quarterly meeting at the HP campus on Pruneridge Avenue on Wednesday February 6, 2008. Committee members toured the "Smart Home" prototype located on the campus and then met and heard a presentation from Cupertino Square General Manager Mike Rohde regarding the status of leasing and construction at the center. Attached is the agenda for the meeting and a copy of a San Jose Mercury News Business Section article published on Friday February 1, 2008, featuring Cupertino Square. Staff provided the committee with a list of upcoming projects (see attached). The updated Development Activity Report was also discussed and can be accessed on the City of Cupertino web site. 'De - I Report of the Community Development Director Tuesday, February 12, 2008 Page 2 3. Ciddy Wordell is retiring: City Planner Ciddy Wordell announced that she is retiring effective April 1, 2008, after 18 years with the City of Cupertino. She has had an outstanding career and made a significant contribution to the look and feel of Cupertino. Her legacy will continue, as she was the project manager for the recently completed award-winning Cupertino General Plan. Her enthusiasm for planning and hard work will be sorely missed. We all wish her the best of health and happiness in her retirement. 4. Planner's Institute: All of the Commissioner's have indicated they will be attending the League of California Cities Planner's Institute in Sacramento. The institute is scheduled for Wednesday March 26, through Friday March 28,2008. Enclosures: Staff Reports Newspaper Articles G: \ Planning \ SteveP\ Director' 5 Report \ 2007\pd02-12-08.doc D JIl.,... L . . .. .. '.. . . .' ..... .... . .. '. .... :-':.. .......:..:.. .............II<'~o.. . .J""" . . . City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 ,(408) 777-3308 Fax: (408) 777-3333. CUPERTINO: Community Development Department Summary Agenda Item No. tj Agenda Date: February 4, 2008 Application: U-2007-02, ASA-2007-04, TM-2007-05, TR-2007-09, EA-2007-03 Applicant: Judie Gilli, Metropolitan Planning Group Owner: Dollinger-De Anza Associates' Location: 1601 S. De Anza Boulevard, APN 366-10-132 Application Summary: USE PERMIT, ARCHITECTURAL AND SITE APPROVAL, TENTATIVE MAP & TREE, ~OV AL applications to: . Demolish an existing vacant parking lot. . Develop six, small-lot single-family detached residences with 2-car garages and '4 bedrooms each, and common open space area. .. Subdivide the property into six residential lots and two common area lots for the driveway and private open space. . Remove up to 23 trees that were part of an approved landscaping plan. RECOMMENDATIONS: . The Planning Commission recommends denial of: 1. The negative declaration, file number EA-2007-03. 2. The use permit application, file number U-2007-02, in accordance with Resolution No. 6505. 3. The architectural and site approval, file no. ASA-2007-04, in accordance with Resolution No. 6506. 4. The tentative map application, file number TM-2007-05, in accordance with Resolution No. 6507. 5. ' The tree removal permit, file number TR-2007-09, in accordance with Resolution No. 6508. If the OiY Council is inclined to approve the project, then staff recommends that the applications be remanded back to Commission for review of the revised plans and potential conditions of approval. 14 -1 lJll - 3 Applications: U-2007-02, ASA-2007-04, tM-2007-05, TR-2007-09, EA-2007-03 1601 S. De Anza Blvd. Page 2 February 4, 2008 Project Data: General Plan Designation: Zoning Designation: Acreage (Net): Acreage (Gross): Project Density: F.A.R. (sitewide): Height: Stories: Parking: Required Parking Proposed Parking . Dedicated Spaces . Shared Spaces Project ConsistenCy with: Environmental Assessment: Commercial/Residential P (Com, Res 5-15) Planned Development. (Commercial and Residential, 5-15 du/gr. ac.) 0.991 acre 1.012 acres (44,068 square feet) 5.93 du/gr. ac. (Max. is 15 du/gr. ac.) F.A.R. 60.37% 27 feet . (Max. is 30 feet) 2 stories 17-36 parking spaces total (see city staff Comments) 39 24 (2 garage/2 driveway pet unit) 15 (shared with office building) General Plan: Yes Zoning: Yes Mitigated Negative Declaration BACKGROUND At its meeting of January 22, 2008, the Planning Conlmission voted (3-0-1, Rose absent) to recommend denial of the project after offering the applicant a continuance of the hearing until a new planning commissioner was seated (Exhibit A-1). The applicant declined the continuance. DISCUSSION Applicant Comments The applicants were pleased to meet the challenge of developing additional houSing for Cupertino on one of the f~w remaining underutilized sites. The project was reduce in scope to six dwellings to increase setback. distances and. mitigate impacts from surrounding commercial uses.. They will use the JlBuild it Green" Guidelines (Exhibit B- 1) in developing the homes and can cantilever the homes over the redwood tree rootS to avoid damaging the westerly landscape strip. The noise consultant indicated that the existing noise environrrlent was not that noisy, and the deletion of the upper floor windows onL~ts #3 and #4 and the increased setback would help reduce noise impacts. Removed trees will be replaced on a 2 to 1 basis. The applicarits have submitted an additional letter for Council consideration (Exhibit C-1). Public Comments One resident said all the oak trees on the property should be protected and hoped that the project could be redesigned to accommodate them. She was also concerned about 14 - 2 J)I( - ~ Applications: U-2007-02, ASA-2007-04, TM-2007-05, TR-2007-09, EA-2007-03 1601 S. De Anza Blvd. Page 3 February 4, 2008 what she felt was piecemeal development of the office building land. A Jamestown resident sPQke about the importance of protecting the existing, westerly, tree buffer of ... redwoods and coast live oaks. The owner of the buildings that house Sununer Wind Nursery and Granite Rock was very concerned that the existing commercial activities will disturb the new residents who will complain to the City and make it very difficult for these businesses to operate. He recommended that the City require a deed notice for each lot, notifying potential buyers about the existing noise environInent and the historic rights of businesses to operate there. A Granite Rock representative opposed the project due to land use incompatibility and read his letter into the record (Exhibit D- 1). An additional letter of support for the project was also receiyed (Exhibit E-1). . City Staff Comments . Staff recommended that the Commission hear the project, but continue it for 30 days to give the applicant additional time to provide more documentation and revised plans for the development. Staff is particularly conceme~ that the proposed rear setbacks for the westerly' houses (lots # 4, 5 and 6) do not adequately protect the double row of redwoods and oaks as the foundations of the houses encroach on the "do not disturb" area recommended by the City Arborist. Close proximity of the houses to the trees will also cause the developer to limb up the tree canopies to achieve clearance. Adequate clearance from the trees may be possible if the rear setbacks were increased and the house footprints reduced in size. There are two City parking requirements for single-family residential; both are described here. One for small lot single-family residential is 2.8 stalls per dwelling, which generates a parking requirement of 17 spaces, and the second for R1 single- family residential, which is 4 spaces per dwelling plus an additional 2 spaces per dwelling because of the lack of streetside parking create a parking requirement of 36 stalls. The applicant will meet both standards by providing a total of 39 spaces. There are other issues described in the staff report that the applicant should address. ~ addition, staff received some late submittals of revised plan sheets that were not reviewed by the Planning Commission, but included in the City Council packet. Planning Commission Comments The commissioners had numerous questions. One Commissioner was uncertain the parking deficit of 10 spaces could be achieved by restriping if the developer had to comply with other parking standards, such as bioswales to reduce nonpoint source pollution. Another commissioner questioned how any children living in the development would be protected from the co.mmercial activities on surrounding . parcels. Staff researched answers for two other questions generated by the Commission. One, potential children from the developme~t would be assigned to Regnart Elementary, Kennedy Middle and Monta Vista High School, unless the schools 14 - 3 1)((;5 Applications: U-2007-02, ASA-2007-04, TM-2007-05, TR-2007-09, EA-2007-03 1601 S.. De Anza Blvd. Page 4 February 4, 2008 were impacted, then the District would bus them to an alternative school. The second question was the term of thelease for Kindercare, which is to year 2024 with two 5-year opti<?ns. The conumssioners felt the houses were too large for their lots and the development had no connectivity to other residential neighborhoods or residential services, such as parks and schools. The development was a residential island that was likely to have impacts and be impacted by adjacent commercial uses: the office building, daycare center and rock/masonry retailer. One commissioner also felt the proposed development was likely to limit the commercial development potential of the surrounding properties. They voted unanimously to recommend denial of the project. ENCLOSURES Planning Commission Resolutions Nos. 6505, 6506, 6507, 6508 Exhibit A-l: Staff Report to Planning Commission dated January 22, 2008 Exhibit B-1: Build it Green Checklist for the project submitted by Metropolitan Planning Group Exhibit C-l: Letter dated January 30, 2008 from Metropolitan Planning Group Exhibit D-1: Letter dated January 22, 2008 from Granite Rock Exhibi~ E-1: Letter of Support dated January 16, 2008. Plan Set Prepared by: Colin Jung, Senior Planner Submitted by: {'" S'~ \>~ Approved by: ..~ David W. ~app City Manager G:\Planning\PDREPORT\ CC\ U-2007-02 CC Reportdoc JJY<.-C; 14 - 4 ECONOMIC DEVELOPMENT COMMITTEE Regular Meetmg of February 6, 2008 3:30 p.m. * ***NOTE NEW LOCATION*** Hewlett Packard, Bldg. 45 CUPERTINO AGENDA * 3:00 Optional Pre- Tour: HP SmartHome Directions: Enter the main gate for the HP Cupertino campus off Ridgeview ("Hewlett-Packard Drive") and make a right turn following the signs for the EBC (Bldg 46). Less than a quarter mile down the lane, you'll see the SmartHorne in the parking lot on the right hand side. Map Attached. HP's new SmartHome is a fully-functioning three-bedroom house highlighting HP's latest cOlmected entertainment technologies for the home. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Approve minutes of the regular meeting of 10-17-07 and canceled meeting of 1-16-08. 4. ORAL COl\1MTINICATIONS 5. NEW BUSINESS A. Cupertino Square - Leasing Strategy, and Strategic Direction for the Mall B. Buxton Report - Trade Area and Customer Profile for Cupertino C. Economic Development Manager Report ~ Development and Leasing Activity ~ Redevelopment Accomplishments ~ NOVA report ~ Crossroads D. New Proposed Meeting Schedule for 2008: 1 5t Wed. of every 3rd month, 3 :30 p.m. · February 6 · May 7 · August 6 . · November 5 JJ/fl-1 February 6, 2008 Cupertino Economic Development Committee Page 2 6. OLD BUSINESS A. Restaurant Outreach Effort involving Chamber and Flint Center 7. CURRENT DEVELOP:MENT REPORT A. Development Activity Report Presentation E. Upcoming DevelopmeIit Projects for Planning Commission/City Council 8. MISCELLANEOUS COMMITTEE UPDATES A. Chamber of Commerce Update ~ New Board of Directors ~ After Hours Networking Mixers, 2nd. Wednesday of the month B. Library Fundraiser Report 9. FUTUREITEMS 10. ADJOURN:MENT In compliance with the Americans for Disabilities Act (ADA), the City of Cupertino will make reasonable effOlts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. cD f{.... s QO => => N ~ ~ = = ~ ,.Q Q,) ~ ..... o = .,.... ~ ~ Q,) ~ = U = .,.... \I.) ~ ~ Q,) .~ o ~ ~ =.cl = .,.... e o u ~ ~ 00 o o ~ \0 ~ ~ ~ 0.0 t:i ..... "'tj - ..... ::l ~ ;>., .0 ~ Q,) ..... > Q,) l-I l-I Q,) "'tj t:i ::l t:i o ..... ...... cd U ..... - 0.. ~ 00 t:= o 0 ....... 0..... Cl Q ~~j1:lQ,) O'.p ~ ~ ~ pi> . .... _ 0 .0 0..... l-I ~u~S' Q gf 0 ..... 0..... u -:=: c:: ca ~ Ut:i?:>....o.. 0:::: ..:s:<;::; Q) Q,) ~o...U~Cl Q,) s cd l-I ~ Q,) .s E-< Q,) > ..... ...... cd ...... Q Q,) ~ . . . . ~ <i.l o o q "aS~ Q.~ t:i .g .g, o~ 0 ......" ~ -'1"""4 :.a ~ a...";:; "'tj Q,) 0.. 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I ~ Q) u c:: ...... cd c::: .S Q) "0 8 1-<"0 o c:: c::: Q) bO~ iZi-< CI) Q) c::: I :.::=~ Q) "0 'S bO c::: bO ...... CI) Q) "0 - c;j ...... U I-< Q) ~ 1=3 .... o u CI) Q) ~ ~ Q) Q) Q) ~ '1 ~ .~ 0 a o U 0.. u~~ ~ Q) 2 .~ .~ i:i3 ;> Q) "0 ~~c:: ...... ca c;j =~ca Q) Q) I-< S ~ E g-!:3u _02 Q) 1-<...... ;>...... ..c.:: Q) ~ B Cl~~ " II II UU~ ~~rn Cl~~ MercuryNews.com tt:.~ Jlkrcut'.!:\ S j ! ,.., " V fl e 'if BART is a necessary ingredient in plan for a growing Silicon Valley By Chuck Reed and Sam Liccardo Article Launched: 01/30/200801:32:57 AM PST "Time is a great teacher," observed the 19th century composer Hector Berlioz. "Unfortunately, it kills all of its pupils." When discussion of bringing BART to Santa Clara County arises, we've all heard the common refrain, "Why didn't we do it 30 years ago?" The answer is that BART naysayers were saying 30 years agb exactly what they're saying now: We can't afford the cost, and we're just "too suburban" for a regional rail transit system. Roy Nakadegawa, a former East Bay transit official, makes these familiar arguments in a recent Scott Herhold column. Without any factual basis, he speculates that the project will cost $9 billion to $10 billion, when the most recent estimates - which take into account current and projected cost escalation - arrive at a substantially lower $6.1 billion price tag. The Valley Transportation Authority has confronted the challenge of rising construction costs through project redesign and elimination of one station. This cost cutting has become a familiar task at VTA, which has delivered 25 Measure B projects, three light-rail lines and numerous highway projects within budget and on schedule over the past two decades. Several experts have studied less-costly transit alternatives to BART for this corridor, and, without exception, those studies prove the axiom that "you get what you pay for." Ifwe want more than 100,000 weekday commuters to use transit along that corridor, BART remains the only means - by a wide margin - to that goal. In fact, the BART extension would carry more riders in this county by 2030 than all of our existing forms of transit today - bus, light rail and Caltrain combined. Only a high-speed, high-frequency rail line connecting seamlessly to a regional system will draw commuters otherwise deterred by the transfers and delays inherent in a patchwork of incongruous rail and bus systems. Mr. Nakadegawa characterizes the 71 percent fare-box return projection as too ambitious, yet our experience tells us otherwise. Within months of completing the BART extension to San Francisco International Airport, the agency recovered 70 percent of its operating costs through fares. Our VT A proj ect, in contrast, would serve not only passengers to San Jose's airport, but it would finally connect the rest of the Bay Area with Santa Clara County's 1.8 million residents and its thousands of employers, encircling the bay with rail. His assertion that BART's expense appears "better-suited to dense urban areas than suburban transit" overlooks the fact that BART already serves suburban communities well, including Pleasanton, Fremont and much of San Mateo County. More important, we are no longer as "suburban" as we - or Berkeley resident Nakadegawa - would like to think. Among the 10 largest cities in the United States, San Jose has the fifth-highest population density. With several residential high-rises under way now in San Jose's downtown core, and with high- density zoning approved near transit stops in Milpitas,San Jose and Santa Clara, the stations will have a clearly urban character. With or without BART, the future will bring even greater population density. Demographers predict that over the next quarter.,century, a third of the population growth within the nine-county Bay Area will occur within Santa Clara County, ~I( -I' adding more than 300,000 residents to San Jose alone. By that time, San Jose will have almost twice the population of its "suburb" to the north, San Francisco. As you envision traffic snarls on Interstates 680 and 880 in the next 20 years, you'll quickly realize why the view of Silicon Valley as too "suburban" appears short-sighted. We need to prepare by investing in transit infrastructure now. Of course, this investment comes at a substantial price. Yet what has been the cost to us for doing nothing? Imagine the millions of hours our residents have spent every year sitting in traffic unnecessarily, or the thousands oftons of greenhouse-gas emissions. Those costs demand a more enlightened calculus, such as that made by the late Ernie Renzel. Renzel, who later became San Jose's mayor, championed a ballot measure in 1940 to acquire 483 acres of ranch land to build an airport at a time when San Jose had only half the population of modem-day Sunnyvale. Renzel's foresight anticipated the need for an airport that now carries 11 million passengers each year. Our modem-day Renzels include organizations like the Silicon Valley Leadership Group, which has led the effort to bring BART to our valley. As SVLG and other transit advocates show, time may have killed its great pupils, but we're not doomed to ignore its lessons. CHUCK REED is mayor of San Jose and SAM LICCARDO is a city councilman representing District 3. They wrote this article for the Mercury News. 1)1( -12-. Mercul1/New~com Revamped ~upertino mall aims for affluent population By Mike Antonucci Mercurv News Article Launched: 02/01/2008 01: 38: 59 AM PST The latest 111ajor initiatives to revive the former Vallco Fashion Park - now Cupeliino Square Shopping Center - feature plans for a U.S. version of a world-famous German beer hall and the addition of trendy discount apparel retailer Steve & BaITY'S. The 400-seat beer hall and restaurant, which is being designed to imitate the alnbience of Munich, Gerll1any's Hofbrauhaus, figures .heavily in effolts to ll1ake the mall just as much about entertainment as shopping. The long-struggling center's new ll1ajority o\vner, Orbit Resources, hopes to 111arket Cupertino Square as more of a "lifestyle destination" than the region's cOll1peting shopping c01l1plexes, such as Westfield Valley Fair and Santana Ro\v, which are less than eight llllles away. The ultill1ate goal is to capitalize on Cupertino's affluent population, which the city said has an average household income of 1110re than $143,000. It also hopes to becoll1e a 111agnet fot e1l1ployees of c01l1panies with nearby offices, led by Apple and its large expansion just to the north across Interstate 280. Cupeltino government officials said the city is in the midst of a development cycle that guarantees a surge in retail invest1l1ent, already witnessed at smaller shopping sites in the same vicinity. The mall's 16-screen AMC movie venue, which opened in the spring, is so successful that its weekend box office receipts rank iTl the top 20 percent or better of the ll10re than 80 theater c01l1plexes in the Bay Area, according to Kelly Kline, Cupertino's economic develop1l1ent 111anager. "The theater is jaIn-packed on a Saturday night, and as S01l1eone who has gone to the movies there, I can tell you there's a feeling in the air of a true sense of comn1unity," Kline said. The theater and Strike Cupertino - a posh bo\vling alley cOll1bined with a sports bar and restaurant - 1110ved in before Orbit Resources purchased a majority interest in the center late last yearJor an undisclosed price. Chief Executive Phil Liao, an Atherton resident \vhose company (/)1(-18 has offices in Munich, Shanghai, China, and Cupertino, said he estimates the mall's property value at more than $300 million. The mall, beset with either ownership problems or increasing difficulty filling store space since the late 1990s,.caught the attention of Liao and his executive team as a turnaround challenge, Orbit's specialty. "There's a lot of risk, but there's a lot of potential," said Stephen W ei, Orbit's cruef financial officer. A key figure in day-to-day operations is Mike Rohde, the mall's veteran general manager who was kept in place by Orbit. He has been working marathon hours on improvenlents ranging from deals to bring in ne\v eateries and stores as \vell as repairs for the heating, Exi >ti I "lJ ProplJ'sed .2 -0 Cupe rima Sqll.are ~ ~ ~ lr..../. HP campu.s 1.- ~-I.' ~(.I ~, 1~ ....-.-- ~ !',n'" ~ l;.i :;.. -:r H oteV r~sidcnt~ill App'e ca.lil1:pus E ~ :i Santa C~a,..a Hotel - I I .. ..' Cu perti no -,-Macy's --- A.~~~C 16 JCPcnney HP Ap.ple ca.llpu:s Sears Retai J and condos Business C 00 Ild,rk 0 os l~a... LOA. ~~.. ~ Ma.p C smn t.. .~ C1_,(J.R.~ {'l1lJt~ ,.,. Restaurants S Levens Creek BI ~ld_ S(lllrU~_ C ltp'-~'llno SqllJ'1.: "IIEr~CUR'" I~:~'/S air conditioning, lighting and sewer systenls. The highlights so far: · The Hofbrau Beer Hall Silicon Valley Cupeltino - that's the full nanle - will be on the second level of Cupertino Square's east \ving, overlooking Wolfe Road thro~gh a large array of windows. The mall will run the restaurant and buy the iconic beer, Hofbrau Mtinchen, as palt of the license for the concept. Steve & Barry's, perhaps best known for apparel lines linked to basketball star Stephon Marbury and "Sex and the City" star Sarah Jessica Parker, will open nearby along the nlall's nlain walkway. Rohde projects a spring or early sunmler opening for Steve & Barry's, and there's a nlidsumnler target for the beer hall. · Rohde said the lllall is close to a lease agreement \vith a well-known fitness center and has conlpleted a deal for an Italian restaurant chain, Vapiano, that's expanding into the United States from Europe (w\vw.vapianointernationa1.colll). The center's new food court, \vith space for 16 tenants, is in the lniddle of construction and leasing efforts. · Orbit is installing lllalhvide, free wireless Internet access and says there will be lllore spots to sit comfortably. About 300 flo\ver pots \vill be placed tlu40ughout the lllaH, and repainting is 'l>~ -/-</ under way on outside walls. The owners point proudly to the reconditioned fountains in the middle of Wolfe Road, hoping they come to symbolize a gateway to a bustling Cupertino. · Plans for new retail space include building street-front shops in front of the parking garage that's between JC Penney and Val1co Parkway. The city also has approved a project by the Evershine Group, situated across the parkway on the comer with Wolfe Road, for a combination of 204 condominiums and retail businesses in a style evocative of Santana Row. A call to Evershine for comment on its plans for two other parcels of nearby land was not immediately returned. · A number of existing tenants are in the process of significant renovations. Macy's, one of the anchor tenants along with Sears and JC Penney, is spending several million dollars to create space for a wider assortment of products, and Benihana is temporarily closed for remodeling that Rohde says will cost well over $1 million. For all that, however, the mall's current available retail space is almost half-empty on the second level, and the lower level, where Vapiano will be located, remains closed. Even the cost of seemingly basic tasks is intimidating. Just changing the 88-foot-tall sign that still has the Val1co name looming above 1-280 will involve "hundreds of thousands of dollars," according to Orbit executive Joe Rahi. Nevertheless, new signage is expected to be completed within the next two months. In recent years, the mall has been generating only a little more than $1 million in sales tax for Cupertino, according to Kline. But if everything clicks, with shoppers spilling over from the entertainment venues and restaurants to a revitalized lineup of stores, projections go as high as $4.5 million in sales tax revenue. Cupertino Mayor Dolly Sandoval acknowledges that the mall has struggled to gain new traction. This time, she said, "my confidence is high." 1)1<-/6