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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~ Planning Commission Agenda Date: Tuesday, March 11, 2008 The City Council met on February 19, 2008 and March 4, 2008, and discussed the following items of interest to the Planning Commission: 1. Historic Preservation Ordinance: Provide direction for the preparation of a proposed Historic Preservation Ordinance. City Council provided the following Direction: o Move forward with the historical preservation policy agreeing with the parameters listed in the staff report on page 7-2 o Define a committee of 5-7 people of which 2-3 are from the Historical Society with a majority of the Historical Society members being residents o The non-historical society members must be Cupertino residents to be solicited with outreach including a press release o Receive applications to come back to City Council for approval March or April 2. City Council Work Program: City Council approved the 2008-2009 Work Program with the following changes related to the Planning Commission: o Change wording on page 8-17 under Heart of the City at the upper right hand corner to read, "Technical revisions to the Heart of the City Plan are being prepared for Planning Commission review in Spring 2008 and then to Council June of 2008" o Add permit streamlining proposal in the proposed budget 3. Rezoning avplication for southeast end of Cleo Avenue: City Council approved the City of Cupertino rezoning application to accommodate four single-family homes. 4. Consent to realign the Sphere of Influence and Urban Service Area Boundaries: City Council authorized the Mayor to write a letter to the Mayor and City Council of San Jose, requesting their consent to realign the Sphere of Influence and Urban Service Area Boundaries of 13.5 acres of land located easterly of Saratoga Creek to the Centerline of Lawrence Expressway and to designate the City of Cupertino as lead agency before LAFCO in this matter. 5. South Valko Master Plan: Council to move forward with the Valko South Master Plan, to be defined as a "focused" master plan, primarily focused on the Sandhill properties site and its interface with its neighbors, but also including the continuity of mass, scale, connectivity and adequacy of services for the existing and proposed development in the entire area. Process should include significant community D(2-1 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014" (408) 777-3308 Fax: (408) 777-3333 CUPERTINO Community Development Department Summary Agenda Item No.l Agenda -Date: February 19, 2008 Application: CP-2007-03 - Historic Preservation Ordinance Applicant: City of Cupertino Property Lqcation: City-wide APPLICATION SUMMARY Provide direction for the preparation of a proposed Historic Preservation Ordinance, Application No. CP-2007-03, City of Cupertino, City Wide. RECOMMENDATION Staff recommends that the City Council: L Provide a statement of purpose; 2. Direct staff to convene a Historical Preservation Committee BACKGROUND In 1996, the City Council appointed a five-member ad-hoc Historic Research Committee to identify potential historic sites. The primary purpose of that research effort was to evaluate the historic values of the sites and recommend which of the sites potentially warrant preservation and eventually adopt a historic preservation ordinance. The final report from the Historic Research Committee identified, researched the history and rated 32 potentially historic sites (see Exhibit B). On October 6, 1997, the City Council accepted the report and the conclusions from the Historic Research Committee and determined that a historic preservation ordinance was not warranted, primarily because the highest valued sites listed in the report already have protective measures in place. On January 8, 2007, the City Council directed staff to prepare a Historic Preservation Policy as part of the work program for 2007/8. The Council was interested in a more proactive approach to preserve existing buildings working with the Historical Society and other community groups. On November 5,2007, the City Council directed staff to work with the Historical Society and involve citizens on a voluntary basis to help review and update the City's Historic Preservation Policy. The City Council also directed staff to report back on how the Historical Society could assist in this effort. Staff met with the Historical Society on " D,e-3 Historic Preservation Ordinance Page 2 February 19, 2008 January 16, 2008 to present the City Council's recommendations. After further review, the Historical Society contacted staff and accepted the invitation to participate in an advisory role, along with other representatives from the community. At the November 5th meeting, the City Council provided the following parameters: 1. Limit the policies to Public/Selni-Public and Commercial Properties; 2. Update and re-rank the existing historic structure or site list; 3. Define public hearing/review/noticing processes, whicq includes, but is not limited to, the involvement of property owners for discussion); and 4. Define method of preservation: o Physical preservation or relocation o Commemorative measlires (plaques or pictures, recycle building or architectural materials/elements) o Proper disclosure of significance (special zoning or covenants) For additional details on the existing General Plan policies for protection of historically and archaeologically significant structures, sites and artifacts please see Exhibit A. DISCUSSION Purpose Statement By adopting a purpose statement, the city can clearly identify the intent to both preserve historic structures and review further development that will impact positive qualities of the City's historical resources. Staff recommends that City Council adopt the following purpose statement: The purpose of the preservation ordinance is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of structures and sites within the city that reflect special elements of the city's historical, architectural, archaeological, cultural, or aesthetic heritage for the following reasons:' A. To encourage public knowledge, understanding, appreciation and use of the city's past; B. To foster public pride in the beauty and character of the city and in the accomplishments of its past; C. To enhance the visual character of the city by encouraging new design and construction that complements the city's historical buildings; D. To increase the economic benefits of historic preservation to the city and its inhabitants; E. To protect property values within the city; F. To identify as early as possible and resolve conflicts behveen the preservation or historical resources/neighborhoods and alternative land uses; and t) f!. - J{- Historic Preservation Ordin.ance Page 3 February 19, 2008 G. To utilize voluntaI')T preservatiol11l1e~sures for permaJ.1el1t preservatiol1 of a structure. or site, unless j.s mutually agreed UpOl1 by a private property O'\Vller, . or is associated vv-it11 public property or \vitIl discretio11ary approval of a project. Historical Preservatioll Ad'visoI\T Conunittee Staff recoIDlllends tllat all informal Historical Preservatioll Ad'visory Conmuttee be cOllvelled. Staff reconlmellds tILat tIle Historical Society select trnee 11lenLbers to serve on the ad\Tisory committee, aJ.ld that the Cit)T COUllCil or staff select n\70 ~dditionaI lllembers frolll tIle COffilllunity. The scope of '\vork for the Historical Preservation Ad'visory COlllil1ittee ,\"Tould be to '\vork ,\"Titll staff to: · Add alld ranK cornmerclal,.public or quasi-public structuTes or sites to the existing General Plan list, such. as tllose S110\Vll belo,"7: ... ....~ -'!' . GlelldeluUrlg Fan-W)T BarIL at tIle Rancll .1851-1975 At tIle He'\vlett Packard Calnpus (PrUlleridge AveIlue), f)~-5 Historic Preservation Ordinance Page 5 February 19, 2008 There are numerous other structures and sites that the advisory committee will consider, as well. Several mentioned in an earlier staff report are: . Apple's Original Office Site - Bubb Road Building . First Cupertino City Hall (DeAnza Blvd. at Rodriguez) . De Anza College - Baldwin's stone winery and underground cellars) . Cupertino Square (formerly ValIeo Fashion Park) . Recommend steps to be taken to preserve, relocate, commemorate or disclose the historic nature of the structure or site, e.g., o Preserve the structure or site (either through purchase or voluntary preservation by property owner) o Commemorate the structure or site (plaques or pictures, recycle building or architectural materials/ elements) o Identify and disclose historical significance (special zoning or covenants) . Public Notification: Identify procedures for notifying property owners and others interested in historic preservation when historic structures or sites are being considered for preservation, commemoration, etc. Staff projects that recommendations from the advisory committee can be scheduled for the Planning Commission and City Council in fall 2008. ENCLOSURE Exhibit A: General Plan policies for protection of historically and archaeologically significant structures, sites and artifacts. Exhibit B: List of Historic Sites (1997) Prepared by: Leslie Gross, Assistant Planner Submitted by: Approved by: I s I Steve Piasecki Steve Piasecki Director, Community Development Is/Carol Atwood Carol Atwood Acting City Manager D~-1 Exhibit A HISTORIC AND CUL'~~._~ _ __ We ~ set out from Arroyo '", de Las Llagas at quarter ' to eight in the moming, and at four in the. aftenwon halted at the arroyo of San Joseph Cupertino...Along the wa" many Indians came out to us.... [FONT'S COMPLETE DIARY OF THE SECOND ANZ.... EXPEDITION, MARCH 1776] HISTORIC AND CULTURAL RESOURCES Historic Resources Before European settlement, Native Americans resided in the area that is now Cupertino. The Ohlone Indians had lived in the Rancho San Antonio area for over 3,000 years. The area was first explored by Spanish soldiers when an expedition led by Colonel Juan Bautista de Anza passed through in March of 1776, and later was settled by numerous European immigrants who recognized the potential of the fertile land. Th.ey established farms and soon enjoyed a thriving agricultural economy. The vi-ll?-ge of Cupertino sprang up at the crossroads of Saratoga~Sunnyvale Road (now De Anza Boulevard) and Stevens Creek Road. It was first hlown as West Side, but by 1898, the post office at the Crossroads needed a new name to distinguish it from other similarly named towns. J OM T. Doyle, a San Francisco lawyer and historian, had given the name Cupertino to his winery, in recognition of the name bestowed on the nearby creek by Petrus Font. In 1904, the Elisha Stevens, Cupertino's first settler name was applied to the Crossroads and to the post office when the Home Union Store incorporated under the name, The Cupertino Store, and moved to the north.~ east comer of the Crossroads. Many of Cupertino's pioneer settlers planted grapes in the late 1800s. Vineyards and wineries proliferated on Montebello Ridge, on the lower foothills, and on the . flat lands below. As these orchards flour~ /' ished the valley became known for a profusion of blossoms in spring. Many more people passed through the Cupertino area first by electric railway and later by car to view all the blossoms in the "Valley of Heart's Delight." Because of the electric railway, the Monta Vista area of Cupertino developed. Monta Vista was the name of its first housing tract. In the late 1940's, Cupertino was swept up in Santa Clara Valley's postwar population explosion. Con-cemed by unplanned devel- opment, higher taxes and piecemeal annexa- tion to adjacent cities, Cupertino's communi- ty leaders began a drive in 1954 for incorpo~ ration. Incorporation was approved in a September 27, 1955 election. Cupertino offi- cially became Santa Clara County's 13th City on October 10, 1955. Today, Cupertino is part of a world-renowned high technology center, known as "Silicon Valley," and is home to several companies producing leading edge computers and software. Historic properties show Cupertino's past. These sites remind residents of the col~ orful people who built and occupied them. Most of the historically significant properties are privately owned. Private owners and City :r~ , /,.' . -/ t \ L f '- ft.. .,t.l '--L.... ,. CITY OF CUPERTINO GENERAL PLAN D~ - f3 2~42 L.o..ND USE/COMMUNITY DESIGN government can work together to maintain the historic value of these properties. A suc, cessful example of this cooperation is the rehabilitation of the De La Vega stable in the Rancho Deep Cliff residential subdivision. The "Tack House" was refurbished exten, sively inside but its exterior remau1.S much the same. It is the 61,home community's recreation center and meeting hall. r.~A:;~":~:\ . -._--- .-.:- ~.~j ~-~~'-~~~= ..~";:!'.k/-)>' PROTECTION OF HISTORICALLY Af\lD ARCKAEO- LOGiCA.LLY SIGI~tFICANT STRUCTURES! SfTES AND A.RTlFACTS ~ Policy 2-62: Landmark Rehabilitation Undertake an active parmership with private owners of landmark structures to rehabilitate the buildings for public or semi'private occupancy u, order to retain their historic character. Strategy Flexible Standards. Allow flexible interpretation of zoning ordu,ance and building code standards not essential to public health and safety. These could include reduced on-site parking provi- sions or lesser setback distances. ~ Policy 2-63: A rchaeologically Sensitive Areas Protect archaeologically sensitive areas. '.,~""'-"-.'~'" 1 ." .,:. :. ,. .'~\. \ ...~; J " ; J' '-.~ 1 ' ,.- d'/ ~~. Strategy Development Investigation. Require an uwestigation for development pro' posed in areas likely to be archaeologi, cally sensitive, such as along stream courses and in oak groves, to detem1.ine CITY OF CUPERTINO GEh'ERA.L PLAN D((~q Cupertino De Ora Club if significant archaeological resources may be affected by the project. Also require appropriate mitigation measures in the project design. ~ Policy 2-64: Native American Burials Protect Native Amelicanburial sites. Strategy Upon discovery of such burials during <=:onstruc!ion, take action prescribed by State law, including stoppage of work in surrounding area, notification of appro, priate authorities and reburial of remains in an appropriate manner. ~ Policy 2-65: Heritage Trees Protect and maintau1. heritage trees in a healthy state. Strategy Heritage Tree List. Establish and peri- HISTORIC AND CULTURAL RESOURCES 2~43 Historic Resources r.....~ rt...,.. I ~/ ..: ) '\ . / \ - ~ ", I " , -1 "\ /,-~ I _ /..... ff~~/ ~ ~ ,/ mar .' ! ... j~/ '\'" I J L I I L I I I 1 I I j- - -__, 1-". I I 1 . r1 '/2 Mile West tG I l"'-. ( ...I.......,'(~.~.-J. .-::;. - ---t _ _j I I ',~ e Stevens Creek Reservoir ."~ "'-,. COMMUNITY LANDMARKS 11 Hanson Permanente II Downtown Monta Vista II Cupertino Historical Museum ~ Memorial Park, Community Center, Sports Complex II De Anza College II De Anza Industrial Park m Cupertino Civic Center III Vallco Fashion Park D Vallco Industrial Park The Cit)' of Sunnyvale "::::::. II .," .,':::.\' \':"..., ," ~~--I!I- ~. ~ VGj".:"W\ ......""..........".. \ go ~'O The City of San) ose ........... -.-. LEGEND I , \., . I , I .'....."\', ''.: "...., \- ,,;/- -. - -.. -\ ,. :,: u': ".1 ~ ':-....:: ~ PR;S~"Ect ROAD ~ ~:__...-".....;\ . City Boundary Urban Service Area Boundary Sphere of Influence Boundary Agreement Line Unincorporated Areas -.-.- i The Cit)' of Saratoga 0.5 1 Mile 2.000 2oo~0 Feet 500 1000 Meters <I> HISTORIC SITES 0 Perrone Ranch Stone Cellar, -- Nathan Hall Tank House now part of Ridge Vineyards 4i Gazebo gingerbread trim, Memorial Park e Montebello School, 1892 41 Le Petit Trianon e Picchetti Brothers Winery and Ranch e Union Church of Cupertino 0 Maryknoll Seminary " Cupertino De Oro Club e De La Veaga Tack House 4D St. Joseph's Church e Enoch J. Parrish Tank House 48 Snyder-Hammond House 8 Replica Baer Blacksmith Shop ~ De Anza Knoll monument 0 Doyle Winery Site (foundation only) 4B Woelffel Cannery (former site) e Louis Stocklmeir Home Gl Site of Elisha P. Stephens home, 1850, now part of Blackberry Farm Figure 2..G. Cupertino's Historic Resources CITY OF CUPERTINO GENERAL PLAN Dr< -(J{O EXHIBIT B OVERALL RANKING AND COMMENTS REV 6 9/16/97 A B C D E F G H I ACH HLS ENV TOTAL SITE to DESC. AVE AVE RANK SORTED BY TOTAL POINTS,ARCH,HIST. MAX POINTS 50 30 30 110 12 LE PETIT TRIANON D F 35 21 30 86 1 14 DE ORO eWB G 29 25 30 84 2 4 MARYKNOLL H . . 24 23 30 77 3 6 PARRISH TANK C 20 19 29 68 4 7 BAER BLACKSMITH C 20 20 25 65 5 3 PICCHETTI BRDS 0 F H 14 22 26 62 6 2 MONTEBElLO SCH. 0 F H 10 1 8 28 56 7 A STEWNGTANK E 10 25 19 54 8 1 1 GAZEBO TRIM A C 21 20 12 53 9 1 PERRQ\JEPANCH A- H 10 23 20 53 10 B rwv1MOND G H I 22 8 21 51 1 1 H MIUER I 14 16 14 44 12 5 DE LA VEGA G 12 11 21 44 13 I Ma-.rrGQ\1ERY B* I 6 22 14 42 14 E RUSSBJ;URST I 12 . 17 12 41 15 C TRACY I 18 3 17 38 16 0 ENGLE 10 12 14 36 17 P HAZEL 10 12 14 36 18 D LAZANEO TANK E 9 9 18 36 19 G BALDISSINE-ADAMO I 20 12 3 35 20 9 STOCKLMElR 0 26 9 35 21 M GPJrvtvL.. . . .. - . __u ._ -. 1 8 . 4 ...11 .33 22 8 DOYLE WINERY A G 0 21 1 1 32 23 N PALM AVE. A C 0 12 19 31 24 L SCHWARlZ 14 4 '12 . 30 25 J JAMES HOWARD 8 3 18 29 26 K MC CUBBIN I 12 4 1 1 27 27 10 STEPHENS PL A C 0 22 3 25 28 15 ST JOSEPH CH B 0 18 7 25 29 13 UNION CHURCH B 0 17 7 24 30 F WILL . . 8 5 5 18 31 ii!i!fffiiiwf"" g:...... 'm::~:~ DOWNTOWN MV 0 0 1 1 11 32 :::::::;;::~~.... .::;:.;~:;;:: * SEE SITE INFORMATION FOR COMMENT CURRENT PROTECll0N OR OTHER STATUS A. NO BUILDING OR STRUCTURE INVOLVED (THAT CAN BE SEEN) B. CURRENT STRUCTURE CONSTRUCTED AFTER 1950 WITH NO PORTION ORIGINAL . C. SITE OWNED BY THE CITY OF CUPERTINO D. SITE OWNED BY OTHER PUBUC AGENCY E. SIMILAR TO A SITE OWNED BY THE CITY OF CUPERTINO F. NOW PROTECTED BY USTING ON U.S. OR LOCAL CONTROL(HISTORIC SOC. DATA) G. BY CONDITIONS OF APPROVAL FOR A DEVELOPEMENT PROJECT H. SPHERE OF INTEREST ONLY' i. VEHY HiGH iNTt::Ht:::::i I FAC I OR . Jw'S 3 T)r( '" J I COMMUNITY DEVELOPMENT DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 (408) 777-3308 . FAX (408) 777-3333 Summary Agenda Item No. _ Agenda Date: March 4, 2008 Application: Z-2008-01 Applicant: City of Cupertino Owner: City of Cupertino Location: Southeast end of Cleo Avenue adjacent to Highway 85 Application Summary: City initiated rezoning of a .27 acre parcel from Planned Multi-Family Residential (P(R3)) to Planned Residential (P(Res)) to accommodate four single-family homes. RECOMMENDATION: The Planning Commission recommends on a 3-0 vote (Commissioner Giefer abstained) approval of: 1. The negative declaration, file number EA-2008-01; 2. The rezoning application, file number Z-2008-01, in accordance with Planning Commission Resolution 6510. Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Residential, Medium/High Density P (R3) .27 acres Project Consistency with: General Plan: Yes Environmental Assessment: Negative Declaration BACKGROUND: In March 2000, the California Department of Transportation (Caltrans) notified the City of Cupertino of excess property located on Cleo Avenue adjacent to Highway 85. Under California State law (Government Code 954220), Caltrans was required to first offer the subject property to the City for an affordable housing or park use. Cupertino completed the sale in August 2005 when the property title was transferred to the City for the purchase price of $615,000. DI2.../ :l Application: Z-2008-01, EA-2008-01 Page 2 Cleo Rezoning March 4, 2008 DISSCUSSION: On August 20, 2007, the City released a Request for Proposals for the Cleo Avenue Affordable Housing Development. Of the thirty-eight agencies on the mailing list, only one response was received. Habitat for Humanity presented the City with a proposal on October 17, 2007 and was selected by the City Council to develop the property on December 18, 2007. The City Council directed staff to initiate the rezoning of the property . The 11,938 sq. ft. parcel is currently zoned P(R-3), Planned Development, multi-family, with a land use designation of "medium to high density 10-20 d.u.facre." The current zoning district allows a maximum of four rental units. With the rezoning of the parcel from P(R-3) to P(Res), Habitat for Humanity could build a maximum of four ownership units. The proposed units range in size from 820-950 square feet. The rezoning would allow this project to take place in the future and is not a final approval. Approval will result from future use permit and tentative map public hearings. Surrounding Uses/Compatibility: The subject property is adjacent to townhomes to the south, and existing single family parcels to the west and north. The parcels to the west and north are zoned P(R-3), while the townhomes parcels are zoned P(Res). The rezoning is compatible with the surrounding single family homes along Cleo A venue and the townhomes to the south which are also zoned P(Res). DISCUSSION Planninz Commission Comments The Planning Commission heard this application on February 12, 2008. Commissioner Giefer abstained from the vote, but the three remaining commissioners supported the rezoning. Public Comments Two residents spoke on the application. One resident expressed concern that current residents and Cupertino employees be given priority in the application process for the units, while the second speaker expressed concern about access to the site. Staff Comments Staff explained that access to the site would not be through adjacent parcels, but contained on subject parcel. Also, Habitat for Humanity would target Cupertino residents in the application process. ENCLOSURES Draft Zoning Ordinance 08- Planning Commission Resolution No. 6510 Negative Declaration t>R -13 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPERTINO Community Development Department Summary Agenda Item No._ Agenda Date: March 4, 2008 SUBJECT: Authorize sending a letter to the Mayor and City Council of San Jose, requesting their consent to realign the Sphere of Influence and Urban Service Area Boundaries of 13.5 acres of land located easterly of Saratoga Creek to the centerline of Lawrence Expressway and to designate the City of Cupertino as lead agency before LAFCO in this matter. RECOMMENDATION: That the City Council review Exhibit C, and authorize the Mayor to send this letter to the Mayor and City Council of San Jose requesting their consent to a realignment of boundaries between San Jose and Cupertino, involving 13.5 acres of land between Saratoga Creek and the centerline of Lawrence Expressway. BACKGROUND: The City of Cupertino is interested in acquiring or leasing two Santa Clara County- owned lots (7.7 acres) on the east side of Saratoga Creek between Highway 280 and Chelmsford Drive to develop a creekside park and trail segment. The trail segment is part of the County-prepared San Tomas/Saratoga Creek Trail Master Plan adopted by the City in 1999 (See Exhibit D, subexhibit A). A portion of the trail, between Barnhart Avenue and Bollinger Road, has already been completed by the City. The County lands are presently vacant or are being used to store County road grindings and street light poles. The lands are within the Sphere of Influence and Urban Service Area of the City of San Jose (Exhibit A) and the boundaries should be realigned to bring the properties under the jurisdiction of the City of Cupertino before the lands are considered for re-use. Boundary realignments require the consent of the City of San Jose and the approval of the Santa Clara County Local Agency Formation Commission (LAFCO). In 2007, the City Council adopted a prezoning of Pre-PR (Public Park or Recreational Zoning District) for the two County creekside properties and a prezoning of Pre- T (Trapsportation Zoning District) for the Lawrence Expressway half-street segment 1> R -/5 Letter to San Jose regarding Boundary Realignment of Saratoga Creek Lands Page 2 between Highway 280 and Bollinger Road. The prezoning of Lawrence Expressway was necessary as LAFCO's road annexation policies typically require the City to annex up to the centerline of a street, in this case, Lawrence Expressway. DISCUSSION: Former Mayor Lowenthal has broached the subject of boundary realignment with the San Jose District One Councilmember in the past, and all San Jose parties support the concept. Also, staff previously raised the issue with San Jose Planning Staff and received a letter (Exhibit B) concurring with the realignment of boundaries in this area. The process; however, has been bogged down by technical and procedural issues. Staff recommends that the Council authorize the Mayor to address a letter directly to San Jose Mayor Charles Reed and the San Jose City Council to facilitate the process (Exhibit C). The letter asks the San Jose City Council to adopt a resolution concurring with the realignment of boundaries and designating the City of Cupertino as the lead agency to work with LAFCO to process the boundary realignment and annexation applications. Enclosures: Exhibit A: Cupertino/San Jose Boundary Location Map Exhibit B: Letter from Laurel Prevetti to Steve Piasecki regarding San Jose staff analysis of boundary realignment proposal Exhibit C: Draft Letter to Mayor Charles Reed Subexhibit A: San Tomas Aquino/Saratoga Creek Trail Plan- Reach 5 Subexhibit B: Existing and Proposed Cupertino/San Jose USA and SOl Boundaries Subexhibit C: Letter from Laurel Prevetti to Steve Piasecki regarding San Jose staff analysis of boundary realignment proposal Subexhibit D: Sample San Jose Resolution Prepared by: Colin Jung, Senior Planner Submitted by: Approved by: Steve Piasecki Director, Community Development David W. Knapp City Manager G:planningpdreporl/cc/200B/Saratoga Creek Lands 03-04-08.doc "DR. -I (p COMMUNITY DEVELOPMENT DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 (408) 777-3308 . FAX (408) 777-3333 Summary Agenda Item No. Agenda Date: March 4, 2008 SUBJECT Consider proceeding with a South Vallco Master Plan (General Policy 2-30, Strategy 1). RECOMMENDATION Provide direction on how to proceed in the development of a South Vallco Master Plan in conjunction with a private development application on the currently vacant 17.4- acre/Sand Hill Properties site. BACKGROUND The Cupertino General Plan, adopted by the City Council on November 15, 2005 lists two strategies for the Valleo Park South area. One relates to the continuance of the Valleo Parkway streetscape, and the other calls for a Master Plan "to ensure continuity of mass, scale, connectivity and adequacy of infrastructure and services, including schools." See Attachment A. A map of Valleo Park South, with the corresponding ownership and uses can be found on Attachment B. ANALYSIS With the recent sale of HP's 17.4 acre site at Stevens Creek and Tantau Avenue to Sand Hill Properties, the Master Plan element is at a critical juncture. As the last remaining parcel in the Valleo Park South area without entitlements, it has been assumed that the developer would take on the area's Master Plan as part of the development outreach process. 1)1<-'1 South Vallco Master Plan Page 2 of2 Sand Hill is poised to move quickly with a mixed use project that conforms to the property's zoning. Because Sand Hill's development timeframe is short, it is important to confirm the Council's expectations related to the South Valleo Master Plan. The Master Plan document and associated community outreach is expected to cost in the neighborhood of $100,000. It is presumed that this cost would be covered by the developer, with the contract/ process being administered by the City. Staff expects that the Master Plan process would happen concurrently with the Developer's own site planning efforts, and that the two efforts would influence each other. The total process, including stakeholder input, best practices research, community outreach, and the creation of a plan could be accomplished by Summer 2008. Alternatives that the City Council can consider include: 1. Proceed with the Master Plan as conceived with the developer covering the costs. 2. Proceed with the Master Plan as conceived and split the cost 50/50 between the City and the Developer. 3. Proceed with outreach effort only, considering that Sand Hill intends to plan and develop its site as a whole in conformance with conceptual framework outlined in the General Plan. 4. Waive the Master Plan as long as Sand Hill is proceeding in good faith with securing entitlements and the corresponding community outreach effort. Enclosures: Exhibit A - General Plan page 2-25 Exhibit B - South Valleo Master Plan Area site map Prepared by: Kelly Kline, Redevelopment/Economic Development Manager Submitted by: Approved by: Steve Piasecki Director of Community Development David W. Knapp City Manager g:planningjkelly jSouth VallcoPlan.doc D~-18 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CUPERTINO Community Development Department Summary Agenda Item No. _ Agenda Date: March 4, 2008 Application: Cupertino Square Rosebowl and Wolfe Road/VaIlco Parkway development Applicant: KCR Development (Rosebowl site) and Orbit Properties (Wolfe Road/Valko Parkway) Property Location: 10123 and 10150 North Wolfe Road APPLICATION SUMMARY Receive report regarding conformance of proposed Rosebowl retail/residence mixed- use project and proposed Wolfe Road/VaIlco Parkway retail with previously approved plans (Cupertino Square) BACKGROUND On October 4, 2004, the City Council approved a use permit for a retail/ residential mixed use development on the Rosebowl site and retail development along Wolfe Road (see Exhibit A, partial plan set for application U-2004-10). A use permit was required because the Development Agreement between the City and VaIlco International Shopping Center, established in 1991 and in effect until August 2009, requires a use permit for residential uses. The Development Agreement allows, and vests, a total buildout of 1,575,000 square feet of retail space; approval of new retail space occurs with architectural site approval at staff level. A condition of approval of U-2004-10 required that more detailed architectural plans be approved. On March 15, 2005, the City Council approved more detailed architectural plans for the Rosebowl site (ASA-2005-03); the Wolfe Road retail buildings were not included in that approval (see Exhibit B). Since those approvals, ownership of the Rosebowl site has changed to KCR Development, Inc., and the Wolfe Road/VaIlco Parkway retail site is owned by VaIlco International Shopping Center (Orbit). The two property owners are submitting their final plans; the City Council requested the opportunity to review to determine conformity with the original approvals. The two plan sets are enclosed. For the Wolfe Road/Valko Parkway plan set, the current De-l q Cupertino Square Page 2 March 4, 2008 plan set includes retail buildings along Valko Parkway in front of the Penney's parking garage, which were not part of the approved plan set. DISCUSSION The analysis below compares the approved plans with the final plans. In general, the final plans are in substantial conformance with the approved plans, subject to the conditions identified in the matrix. ORIGINAL APPROVAL Retail: 105,200 square feet Residential: 204 units ROSEBOWL SITE CURRENT PLAN SET Retail: 120,000 square feet Residential: 204 units Bedroom count: 2 bedroom 165 units 3 bedroom 39 units Bedroom count: 2 bedroom 154 units 3 bedroom 50 units t>t<.....~ COMMENTS Current plans include more retail than originally proposed. It is located on five floors, versus just the ground floor. (See additional discussion below.) Response to staff required prior to building permit approval: Provide details of transparency from the street, connections between levels, and si a e. Number of 3-bedroom units has increased. Approval of ASA-2005-03 included Council direction to consider some 1- bedroom units. Response to staff required prior to building permit approval: Reduce the number of 3-bedroom units and increase the number of 1 or 2 bedrooms to approximately the ori "nal aroval counts. Cupertino Square Page 3 March 4, 2008 ORIGINAL APPROV AL CURRENT PLAN SET COMMENTS Parking spaces: Parking spaces: Less parking is proposed, 1,618 1,262 although it is adequate for the Rosebowl site. Response to staff required prior to building permit approval: Provide parking analysis to confirm that the required parking ratio for all of the Cupertino Square Shopping Center is met. Landscaping, sidewalk Not provided Response to staff required and parkstrip plan prior to building permit approval: Provide final landscaping, sidewalk and parkstrip plan, including detailed tree removal and protection plan. Pedestrian connection to Pedestrian connection The new location is more Metropolitan mixed-use located in center of appropriate than the project to the south: Rosebowl's south original approval. It Located at Rosebowl's property line provides a central east property line connection between the two properties. Common areas Common areas Courtyard and fitness (courtyards, fitness center, (courtyards, fitness center, center changes are lobby): lobby): acceptable. Two courtyards, west and One rectangular Concerns with the location east. courtyard, larger in area. of the community Fitness center located in Fitness center will be part room/lobby taking up west courtyard. of community space on prime retail space (in the Res. lobby on 1st floor. second floor. comer position). Res. lobby is the same. Response to staff required prior to building permit approval: Redesign so that the lobby is relocated in one of the in-line tenant spaces. Ensure that community room is not included in total retail square foota~e. 1)((. -;21 Cupertino Square Page 4 March 4, 2008 ORIGINAL APPROVAL CURRENT PLAN SET COMMENTS Building indentation: Building indentation: The original indentation is Large indentation on Not shown in this area. needed to provide interest northeast frontage and variety to the frontage. (Exhibit B, sheet 7) Response to staff required prior to building permit approval: Similarly indent or clip the comer of the building in this area. Three vehicle entrances on Two vehicle entrances. Response to staff required VaIlco Parkway. prior to building permit approval: Limit exiting movements to right turn only, unless west entrance is aligned with median opening, in which case a traffic signal may be warranted. Large tenant spaces. Size of tenant spaces not Concern about width of indicated, but they will viable tenant spaces. not be major tenants as Response to staff required originally shown. prior to building permit approval: Width of tenant spaces shall, with rare exceptions, be a minimum of 30 feet. Mechanical enclosures: Mechanical enclosures: Concern about visibility of None shown at south and Shown at south and east mechanical enclosures. east property lines. property lines. Response to staff required prior to building permit approval: Locate mechanical enclosures underground or screened completely from public view or adjacent residences. Final plans shall be approved by the City prior to issuance of building permits. RET AIL CONFIGURATION The retail floor plate has changed significantly from the previous plans. In the new configuration, there is a total of 43,495 square feet on the ground floor, with the remaining 76,505 square feet vertically stacked on three upper levels of the Wolfe Road elevation. This vertical orientation is common in Asia, and has received positive Dr< -~~ Cupertino Square Page 5 March 4, 2008 attention with new U.S. developments such as Time Warner Center in New York. This format would be unique in the South Bay, although there is significant evidence of two- story formats thriving in Asian shopping centers. Staff feels comfortable with the developer's experience with this format, and also believes that it would bring great interest to the project. Success will be further ensured by attention to important details such transparency from the street, connections between levels, and prominent signage. It should be noted that the previous format, which had a ground floor plate of 105,900 square feet, would have been difficult to lease. The extreme depths would have rendered much of this space unusable except for large format tenants such as grocery stores or other big box users. The new plan not only adds 15,000 square feet of retail, but configures it in a way that will be easier to lease. OTHER ROSEBOWL REQUIREMENTS: Ensure sufficient mechanical ducting is incorporated into the plans for odor abatement vents to the roof of the building on Vallco Parkway and Wolfe Road. Show location for grease interceptors for retail space on Valleo Parkway as well as Wolfe. Ensure that trash enclosures meet City specifications for commercial and residential waste. Locate loading area close to residential elevator if possible. (Loading/ moving plan was required as part of original approval; loading dock may be needed for residential move-ins). Loading area shall be a minimum one 16 foot long bay. ORIGINAL APPROVAL CURRENT PLAN SET COMMENTS Use Permit U-2004-10 only Includes additional retail Additional square footage consisted of Wolfe Road buildings along Valleo along Valleo Parkway was buildings (36,260 square Parkway that front the anticipated and is desirable. feet) (See Exhibit A). The Penney's garage (45,026 footprint for Valleo square feet) Parkway retail was shown in ASA-2005-03, but no details were provided. WOLFE ROADfV ALLCO PARKWAY RETAIL t>R-~3 Cupertino Square Page 6 March 4, 2008 ORIGINAL APPROVAL CURRENT PLAN SET COMMENTS Building articulation: Building articulation: Greater articulation is Conceptual plans show Very little articulation needed. frontage articulation. indicated on current site Response to staff required plan. prior to building permit approval: Improve the building articulation in building permit plans. Original approval required preparation and staff approval of design guidelines for individual tenant spaces, which include entranceway insets and materials. Courtyard area shown Courtyard area replaced by Courtyard/ gathering space between the two retail stairs and passageway. is desirable. buildings near the W oUe Response to staff required Road/Valko Parkway prior to building permit intersection. approval: Create an outdoor area at the corner of the building at the intersection, perhaps by clipping off the corner of the building. Canopy over escalator near Escalator changed to a stair, Change is acceptable. bridp;e. and canopy is removed. Roof materials do not Roof materials include Metal may not be include metal. metal near the bridge on compatible with the rest of the W oUe Road elevation. the materials in the shopping center. Response to staff required prior to building permit approval: Provide final material and color board. Size of tenant spaces: Size of tenant spaces: Narrow spaces do not Not defined. Small, narrow tenant spaces promote quality tenants. are shown along W oUe Minimum desirable width Road, some as narrow as 20 is 30 feet. and 23 feet. Response to staff required prior to building permit approval: Width of tenant spaces shall, with rare exceptions, be a minimum of 30 feet. j)~- aLf Cupertino Square Page 7 March 4, 2008 ORIGINAL APPROVAL CURRENT PLAN SET COMMENTS Landscaping, sidewalk and Not provided Response to staff required parkstrip plan prior to building permit approval: Provide final landscaping, sidewalk and parkstrip plan, including detailed tree removal and protection plan. ENCLOSURES Exhibit A: Partial Plan Set, U-2005-10 Exhibit B: Partial Plan Set, ASA-2005-03 Plan Set for Rosebowl Retail/Residential Mixed Use Plan Set for Wolfe Road/Valleo Parkway Retail Aerial Prepared by: Ciddy Wordell, City Planner Kelly Kline, Redevelopment/Economic Development Manager Submitted by: Approved by: Steve Piasecki Director, Community Development David W. Knapp City Manager G:planning/pdreportjcc(2008jRosebowl and Vallco Parkway retail 3-4-08 1:>((....:25 FEBRUARY 27, 2008 . SILICON VALLEY COMMUNITY NEWSPAPER NewsBriefs More changes coming to area shopping mall The quest continues to trans- form the Cupertino Square into a thriving shopping maIl. Updates on the mall's progress were given at the Feb.19 city council meeting. Major changes include new maIl entrances and a new sign off Interstate 280. It also includes completion of the food court, new fountains,restrooms and a police substation. New tenants--clothing store Steve & Barry's and Hof- brauhaus, a 400-seat beer haIl and restaurant-are expected to open by summer. Mirii anchor stores such as Munich Bakery and the restau- rant Vapiano will also be added. The already existing Macy's will add 20,000 square feet, and restaurants Benihana and T.G.I. Friday's are undergoing major renovations. t>R-~ A new Trader Joe's (left) is being built on Bollinger Road off of S. De Anza Boulevard. Former nursery to become Trader Joe's Bonsai building will be preserved By CODY KRAATZ The landmark former Bonsai Nursery--closed and vacant since 1998--is soon to become home to a Trader Joe's, plugging a hole in the popular grocery chain's South Bay presence and bringing it close to the heart of Cupertino. The 12,000-square-foot store will be located at the rear of the roughly I-acre lot at 7290 Bollinger Road at S. De Anza Boulevard in West San Jose. A Wachovia bank and FedEx Kinko's will move into a second opment manager for Hunter 5,900-square-foot building on S. Properties, said. De AnzaBoulevard.The buildings The previous owner, Thrifty areexpectedtobefinishedbyMay Payless Inc., could have demol- or June, and the tenants would take ished it before 2005, but plans for over and open in late summer. a drugstore apparently fell The third building, which has yet through. It was d,esigned by 1. van to be leased, is what makes the der Ploeg in the mid720th century project unique. modern style and built in 1960. The developer, Cupertino-based "What will be interesting about Hunter Properties, had to get cre- the site is everybody is going to ative to preserve the deteriorating identify the site by that building. wooden Bonsai building because Everybody knows that site and will San Jose's historic preservation tell people, 'They're working on the policy kicked in when the building old BOI;lsai Nursery site,' ~' said turned 45 in 2005, designating the Leigh, adding that even though a building a "structure of merit." deal with Starbucks did not pan out, "That was part of our complica - the space is ideal for a coffee shop. tions or challenges. It really wasn't Leigh said he heard that Trader a huge challenge for us. It was kind Joe's was looking at putting a store of a win-win," Curtis Leigh,devel- in near Stevens Creek and De ... Trader Joe's, page 11 FEBRUARY 27,2008 SILICON VALLEY COMMUNITY NEW~PAPER 7 Photograph by Jacqueline Ramseyer Construction is under way at the corner of S. De Anza Boulevard and Bollinger Road. The former Bonsai Nursery building is in the background. Trader Joe's Continued from page 7 city limits so the city could tap the sales tax it generates, the city is still pleased that Cupertino residents will have access to the amenities they need, said Kelly Kline, Cupertino redevelopment/eco- nomic development manager. Reviews of the Los Altos and Sun- nyvalelIader Joe.sonwww.yelp.com featured rave reviews from five Cupertino residents. The company will try to incor- porate the character of the local community into the store, Mochizuki said. "In all of our stores, we have local store artists that are hired and they do make custom chalk signs and also artwork throughout the store... and they do tend to bring in local elements from the commu- nity," she said. "We like to think of ourselves as a neighborhood store. We do like to add in a local flare:" Anza boulevards, and approached the company about 11/2 years ago. "It just seemed like a hole in this area for them," he said. Monrovia-based Trader Joe's turned down the lease initially but came back after doing . market research. The company does not disclose how it chooses its loca- tions, said Alison Mochizuki, a Trader Joe's spokeswoman. "The demographics in Cuperti- no are amazing," said Leigh. "Everybody that we've talked to said this is a great community, being so close to Cupertino and having all those rooftops around us." . While Cupertino leaders wish the store were located within the FEBRUARY 27, 2008 SILICON VALLEY COMMUNITY NEWSPAPER D.e - ~1 ~ ~ -~, ~ UJ ~ ~ z ~ ..... z 0 ~ 0 u >< ~ ..J ~ Z 0 u ..... ..J ..... UJ ~ <::::. ~ ",," ~ :>.... ~ R:: ~ l;.; .... " It' . ~ ~ P:;"C:l " Il.I ~ ~ g t:) [f ~ .!ll ~ $1; -g..:: .... 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Page 1 of 1 Silicon Valley / San Jose Business Journal. February 26, 2008 htto ://sa niose. biziou rna Is .com/san iose/stories/2008/02/25/da ilv38.html SILICON VALLEY I SAN JOSE Busines Durnal Tuesday, February 26, 2008 CBRE secures $65M financing for Cupertino land acquisition, development Silicon Valley / San Jose Business Journal ~~.~~~.~.~.4..~J.J.!.~...Q~.<:l.~PJ.l:!~.~. said Tuesday it arranged placement of a $65 million equity and debt commitment on behalf of .~.~~.4..:!!!~.~...:I.'.~~P~.~..~~.~. for the acquisition of 17.5 acres in Cupertino. Sand Hill acquired the property, located at Stevens Creek Road and Finch Avenue, from Palo Alto-based ~.~~~.~~.:.?~~~~~4...~~.~. (NYSE:HPQ). The firm said the land is one of the largest undeveloped parcels in Cupertino, and pending city approval construction of a mixed-use project is expected to start near the end of 2008, with completion scheduled for late 2009. Peter Pau, Sand Hill's founder, said the financing structure arranged includes a bridge loan from .~.~~.~..~.f.. ~~.~!.~~~ and Principal Real Estate Investors -- acting on behalf of an unnamed client -- joining Sand Hill as owner of the project upon completion of development. Los Angeles-based CB Richard Ellis (NYSE:CBG) is a commercial real estate services firm. All contents of this site @ American City Business Journals Inc. All rights reserved. DR-;lq http://sanjose.bizjoumals. com! sanj osel stories/2008/02/251 daily3 8 .html ?t=printable 3/6/2008