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~
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ft.. .,t.l
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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.
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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.
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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
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r1 '/2 Mile
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Stevens Creek
Reservoir
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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
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The City of San) ose
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LEGEND
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''.: "...., \-
,,;/- -. - -.. -\ ,. :,: 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
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CBRE secures $65M financing for Cupertino land acquisition, development - Silicon Valley 1 San Jose ... Page 1 of 1
Silicon Valley / San Jose Business Journal. February 26, 2008
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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.
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