CC 02-06-2024 Item No. 7 BA zonig district_Written CommunicaitonsCC 2-06-2024
Item No. 7
Second reading of Municipal
Code Amendment to Chapter
19.76 to allow privately
operated educational and
public serving uses in the BA
zoning district
Written Communications
From:Jennifer Griffin
To:City Clerk
Cc:grenna5000@yahoo.com
Subject:Fwd: Item 7 City Council Meeting 2/6/24, Please Postpone
Date:Monday, February 5, 2024 11:07:34 AM
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recognize the sender and know the content is safe.
FYI. Please add to the Public Comment for Item 7, City Council Meeting 2/6/24.
Thank you.
-------- Original Message --------
Subject: Item 7 City Council Meeting 2/6/24, Please Postpone
From: Jennifer Griffin <grenna5000@yahoo.com>
Sent: Monday, February 5, 2024, 11:03 AM
To: citycouncil@cupertino.org,cityclerk@cupertino.org
CC: grenna5000@yahoo.com
Dear City Council:
After studying Agenda Item 7 on the Cupertino City Council meeting for 2/6/24
I would recommend this item be postponed. I have reviewed the item thoroughly
And I do not believe Cupertino has the authority to rezone all of these BA parcels.
It appears that one of the parcels is De Anza College. This rezoning of the De Anza
College site by the City is illegal under any circumstances. The school site is not
Owned by the City and since it is a public institution bought with tax-payer money,
It is a high profile property. It is under public scrutiny and has a Board of Trustees
As does Foothill College.
The recent change of the Board of Trustees for De Anza College to Voting Areas as
precipitated
By the District bring sued in 2019 by a group suing school district's statewide and being
Forced by threat of lawsuit to go to Voting Districts also is under public scrutiny. (please
See article in January, 2024 San Francisco Chronicle and Tim Redmond's article in 48Hills
From January, 2024 detailing the groups initiating the lawsuits etc.).
Hopefully, these lawsuits are not connected with future uses of the De Anza Campus if it is
Rezoned by the City of Cupertino. This also affects Foothill College also.
The public has not been given a list of the 23 BA sites being rezoned in Item Number 7 of the
Cupertino City Council meeting on 2/6/24. The public does not know and the public of
Other cities do not know what these other sites are. The public of other cities helped pay
For both De Anza and Foothill College so they will be scrutinizing any rezoning of De Anza
College also since De Anza does not belong exclusively to Cupertino.
The same applies to other schools and other sites that might be included in these 23 BA
Sites. The public is very vested in them.
If HCD or the Housing Element is demanding that Cupertino rezone these 23 sites to get
The Housing Element Certification for Cupertino, then that is not good enough a reason
To rezone this sites. HCD does not own these sites and should not be making deals
About what should and should not be rezoned, especially while keeping the public in
The dark. De Anza is not a plaything to be rezoned at the whim of a public agency like HCD.
It is a university with almost sixty years of history educating the public from Cupertino and
other
Cities.
The public expects to have a list of the 23 sites to be rezoned.
This item Number 7 needs to be postponed for now as the public believes it to be incomplete
And also illegal.
Thank you.
Sincerely,
Jennifer Griffin
From:Jennifer Griffin
To:City Clerk
Cc:grenna5000@yahoo.com
Subject:Fwd: Rezoning De Anza College? Item Number 7, City Council Meeting 2/6/24
Date:Monday, February 5, 2024 5:42:28 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
FYI. Please see corrected City Council date. Please include in Public Record comments for
Item 7. Thank you.
-------- Original Message --------
Subject: Fwd: Rezoning De Anza College? Item Number 7, City Council Meeting 2/6/24
From: Jennifer Griffin <grenna5000@yahoo.com>
Sent: Monday, February 5, 2024, 5:38 AM
To: citycouncil@cupertino.org,cityclerk@cupertino.org
CC: grenna5000@yahoo.com
Please see corrected date of City Council Meeting.
-------- Original Message --------
Subject: Rezoning De Anza College? Item Number 7, City Council Meeting 2/7/24
From: Jennifer Griffin <grenna5000@yahoo.com>
Sent: Monday, February 5, 2024, 5:20 AM
To: citycouncil@cupertino.org,cityclerk@cupertino.org
CC: grenna5000@yahoo.com
Dear City Council:
I believe Item Number 7 is trying to rezone De Anza College. That is illegal. Cupertino
Does not own De Anza College. The College was bought and paid for by bond money
That city parents paid, starting in the 1960s, with the dream that their children could
Go to college when many of them could not. Foothill College was paid for the same way.
Many of those city parents were veterans who had served their country selflessly during the
Best years of their lives. One of those men was a POW who held for four years in a Prisoner
Of War camp, and who came home and never even mentioned what happened to him
Until years later. The neighbors and his children never even knew.
Who are we trying to give the college land away to? The highest bidder? Just because
HCD and the Housing Element say we have to rezone everything to do their fictitious bidding
To get the Cupertino Housing Element certified? The whole certification process is a farce
Based on illegal, nonsense numbers made up by so called "public agencies" that ought to have
Known better and are now involved in some diabolical, evil charade.
No, you don't get De Anza College or the other 23 sites. The sites have to be named.
HCD has been playing fast and loose with our city, and that, too, is illegal.
This entire process is an absolute disgrace to the memory of what this country was founded
On and the many men and women and children who gave up their lives to make this
Country the way it is.
Please postpone Item Number 7. There is more going on here than just rezoning college and
University land and whatever else is on the 23 sites. There is a deep flaw in the California
Governance Mechanism.
Sincerely,
Jennifer Griffin
From:Peggy Griffin
To:City Council
Cc:City Clerk
Subject:2024-02-06 City Council Meeting Agenda Item 7 - Re-zoning BA UNIDENTIFIED SITES!
Date:Monday, February 5, 2024 2:16:05 AM
Attachments:Zoning Map-19 BA sites.pdf
P8 of Heart of the City Specific-Zoning.pdf
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PLEASE INCLUDE THIS EMAIL AND ALL ATTACHMENTS WITH THIS EMAIL AS PART OF WRITTEN
COMMUNICATIONS FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear Mayor Mohan, City Council Members and Staff,
I am APPALLED that you continue to push this ordinance through without identifying the exact sites by
APN and address/name! The staff report for the City Council meeting dated December 5th, 2023 Agenda
Item #10 NEVER identified the 23 sites to be rezoned despite repeated requests by many of the public.
The December 5th Staff Report specified 23 sites. Attached to this email are 2 files:
1-Current Zoning Map with all BA sites circled in RED.
2-Heart of the City Zoning Map with all BA sites circled in RED
I have circled in RED every BA site I can find on these 2 zoning maps. The total number of BA sites I have
circled are 21 sites as listed below:
8 west of Hwy 85
6 east of Hwy 85 and south of Heart of the City
5 east of Hwy 85 and north of Heart of the City
2 in Heart of the City
TOTAL = 21 BA sites
Q: Where are the other 2 BA sites to bring the total to 23?
Q: Why have you neglected to list the specific sites being rezoned by address/name and APN?
Could it be that you don’t want people to know you are rezoning City Hall, Community Hall, the
Library, Library Field, De Anza College?
What are the other 2 sites I can’t find on the zoning map?
Is one of the 2 missing sites the Sports Center that doesn’t appear on the zoning maps as BA?
What’s the other missing BA site?
As noted in the Heart of the City Zoning Page 8, you are re-zoning all of De Anza College AND all of City
Hall, Community Hall, the Library, Library Field and the courtyard between them!
AGENDA NOTICING ISSUES
ISSUE1: The noticing of this agenda item is misleading and unclear! The first noticing was buried and
combined with a Conditional Use Permit and Parking Exception for a specific location. This is WRONG in
so many ways. The items should have been separated and considered separately.
FIRST NOTICE on December 5, 2023 City Council Agenda Item #10 agenda description
SECOND NOTICE on February 6, 2024 City Council Agenda Item #7 agenda description is VERY DIFFERENT
than the first reading:
REQUESTS:
1-PULL ITEM #7 to be discussed
2-Provide a complete list of all the BA sites to be rezoned by address/name and APN.
3-Start over with the noticing of the re-zoning of BA sites and do it properly.
4-Explain why all BA sites need to be re-zoned when the immediate issue is only the Regnart Elementary
site.
These are 23 PUBLIC properties. They exist to benefit the public – your constituents – the residents of
Cupertino. Why are you making it easier to reduce the public’s access to public property?
Sincerely,
Peggy Griffin
REFERENCES
City of Cupertino Zoning Map
https://www.cupertino.org/home/showpublisheddocument/13535/637279090319370000
Heart of the City Specific Plan – Refer to Page 8 Zoning Map
https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000
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C el est e Ci r
C e l e s t e C i r
City Boundary
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Heart of the City Specific PlanArea
A - Agricultural Residential
BA - Public Building
BQ - Quasi-Public Building
CG - General Commercial
ML - Light Industrial
MP - Planned Industrial Zone
OA/OP - Office / PlannedOffice
OS/PR - Open Space / PublicPark / Recreational Zone
P - Mixed Use PlannedDevelopment
R1 - Single Family Residential
R1C - Single Family ResidentialCluster
R2 - Residential Duplex
R3 - Multiple Family Residential
RHS - Residential Hillside
T - Transportation
CG-rg: Adopted by Ordinance436
P-Hotel: Adopted byOrdinance 1368
ML-fa: Adopted by Ordinance350
FP-o: Adopted by Ordinance1574
See Master Plan / Specific Plan/ Conceptual Plan for details
SItes designated are priority HousingSites as identified in the adopted HousingElement
Numbers following zoning designationsdenote minimum lot sizes divided by onethousand.
The "Pre" designation denotes a prezonedunincorporated area and is colored white
!(H E
CIT Y O F CU P ERTINOZONING MAP
¸0 0.25 0.5MilesPrepared by the Community Development DepartmentCreated: October 15, 2000Amended 3 September 2019 per Ordinance 19-2188
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From:Yao Xia
To:City Council
Subject:Please Reject the muni code change on agenda item
Date:Sunday, February 4, 2024 1:37:31 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Sheila and Cupertino city council,
I urge you to reject the muni code change on agenda item 7 and vote against this change of
allowed use on BA zoned public properties in the city of Cupertino. There has been a lot of
concern lately about school closures and schools being given away to private operators. Along
similar lines there is significant angst that the city is showing its city owned lands to private
operators creating anxiety in the community about the intention of such private operator tours.
Such muni code changes are creating significant angst in the community about where this is
going and whether you are making it effortless for private schools to take over our public
schools or for developers to take over our public school lands. To reduce further angst in the
community about such expanded use of city land kindly reject agenda item 7 on 02/06 council
meeting.
Thank you.
From:Jennifer Griffin
To:City Clerk
Cc:grenna5000@yahoo.com
Subject:Fwd: Item Number 7, City Council Meeting: 2/6/24 (Include in Public Input on Item 7)
Date:Friday, February 2, 2024 8:04:46 AM
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FYI. Please include this in Public Input for Item 7, City Council Meeting (2/6/24).
Thank you.
Sincerely,
Jennifer Griffin
-------- Original Message --------
Subject: Item Number 7, City Council Meeting: 2/6/24 (Include in Public Input on Item 7)
From: Jennifer Griffin <grenna5000@yahoo.com>
Sent: Friday, February 2, 2024, 8:02 AM
To: citycouncil@cupertino.org,cityclerk@cupertino.org
CC: grenna5000@yahoo.com
Dear City Council:
I have a great deal of concerns about the rezoning of the BA sites within the city.
1. Please provide a list of the 23 sites that are being rezoned. To date there has been no list
Of these 23 sites. These sites could include schools, parks or even De Anza College.
2. Why are these sites being rezoned to allow homeless shelters or emergency shelters? Just
Because Regnart Elementary School was rezoned to accommodate a special school, does not
mean
All BA sites should be rezoned at once. The public does not know which sites are being
rezoned,
And with the massive rezonings from the Housing Element there is concern that HCD is trying
to
Rezone sites that the City owns without the public's knowledge.
3. Potential school closures. Schools could be closed in the future and leased out as homeless
Shelters or supportive services housing and there would be no plan to have any supportive
Services around them. The neighbors would have no recourse to make sure the vendors
provided
The necessary supportive services. The school site could become a magnet for other homeless
Campers who needed supportive services or food and the site would be overwhelmed.
4. BA Assets in the City. With the danger of the Housing Element forced rezonings of city
assets,
It is important that the City and public retain full knowledge and use of its public pieces of
property.
Everything now is being zoned for Housing and the Housing Element may take over our
School sites and public land to put housing on them. They can try to use eminent domain to
take
Over our city facilities etc. The City will be left with nothing. They may even try to take over
Our schools such as De Anza College and use them only for housing. There would be no place
For our students to attend school and no place for them to exercise.
5. Rezoning all BA sites at once. This does not save money. It is not efficient. Things like this
Take time. People need to understand what is going on and be able to weigh in because
These public sites belong to the city and the public and cannot be recovered if they are
Given away.
Thank you.
Sincerely,
Jennifer Griffin