HomeMy WebLinkAboutPC 03-24-2026 Youtube and Zoom TranscriptWEBVTT
1
00:01:16.880 --> 00:01:22.860
Speaker 3 (Community Hall): I think we do not. So we will move on to oral
communications. City Clerk, how many public comments do we have?
2
00:01:25.140 --> 00:01:31.599
Speaker 2 (Community Hall): We have one speaker in person, and no hands
raised on Zoom. Our first speaker is Jennifer Griffin. Welcome, Jennifer.
3
00:01:41.260 --> 00:01:43.610
Speaker 1 (Community Hall): Good evening, Planning Commission.
4
00:01:43.630 --> 00:02:02.610
Speaker 1 (Community Hall): Good to see you all. I just wanted to bring
up an item that I had brought up at the last City Council meeting. I
don't really know who would address this, but it affects the safety of
all of us. I have to drive to Santa Cruz two days a week to help my
elderly mother. Don't tell her I said that.
5
00:02:02.700 --> 00:02:15.820
Speaker 1 (Community Hall): And she lives in Aptos. And that involves me
driving over Highway 17. And you know what an adventure 17 is. But I will
tell you that in the last…
6
00:02:16.000 --> 00:02:20.949
Speaker 1 (Community Hall): probably 4 months. There's a tremendous
safety factor that is evolving.
7
00:02:20.990 --> 00:02:39.350
Speaker 1 (Community Hall): This is, north out of Scotts Valley, right
before the summit. There is a new, overcrossing for, mountain lions and
other animals, which is great, because it gets them off the roadway. But
we have a problem with the safety of the median.
8
00:02:39.780 --> 00:02:42.970
Speaker 1 (Community Hall): There have been 4 to 5 deaths.
9
00:02:43.220 --> 00:02:58.919
Speaker 1 (Community Hall): at that area, just out of Scotts Valley, in
the last, probably since January, December. What is happening is that
people going north or bound… north or southbound hit the median.
10
00:02:59.170 --> 00:03:06.880
Speaker 1 (Community Hall): Okay, that's fine. It keeps them from going
into oncoming traffic, which was an automatic fatality years ago.
11
00:03:07.070 --> 00:03:10.459
Speaker 1 (Community Hall): But they are ricocheting off the median.
12
00:03:10.730 --> 00:03:27.579
Speaker 1 (Community Hall): shooting across the two lanes of road, and
either hitting a tree, going down the hill, or coming back and hitting
the median, and the whole vehicle goes over the median and lands into
oncoming traffic. My husband and I were stuck there about…
13
00:03:27.710 --> 00:03:46.480
Speaker 1 (Community Hall): probably in January, where there was for an
hour, and we knew on the radio that there was a motor… there was a
motorcycle fatality one mile south of us. You can imagine, at that
location. And you can imagine the despair by the time we got up there.
14
00:03:46.620 --> 00:04:01.039
Speaker 1 (Community Hall): And then, just recently, when I… every time I
go over, there has been a fatality there. I don't know exactly what has
happened. They probably need to have a two-story median at the location.
15
00:04:01.150 --> 00:04:08.910
Speaker 1 (Community Hall): I've been going over there since I was a
toddler. My grandparents lived in Scotts Valley. My,
16
00:04:09.390 --> 00:04:18.669
Speaker 1 (Community Hall): cousins, aunt, etc. lived over there, so I've
been on that road for my whole life. But there's something strange going
on. Now, about
17
00:04:18.940 --> 00:04:26.600
Speaker 1 (Community Hall): Four years ago, we were told that there was
supposed to be an overpass put in right outside, north of Scotts Valley.
18
00:04:26.780 --> 00:04:32.010
Speaker 1 (Community Hall): Why has that not materialized? We have
funding for
19
00:04:32.010 --> 00:04:47.459
Speaker 1 (Community Hall): Animals Crossing in Los Gatos and up at the
Summit, but we have no safety. We need to bring that in. I don't know
who's responsible, but let's do it. Thank you. Thank you, Jennifer. We
have no speakers in person and no hands raised on Zoom, Chair.
20
00:04:48.420 --> 00:05:04.469
Speaker 3 (Community Hall): Great, thank you very much. So, we will move
on to the next portion of the meeting for public hearings, and the agenda
item is to consider a use permit, tentative map, architectural and site
approval, and tree removal permit for a 122-unit residential development
at the Stevens Creek Office Center.
21
00:05:04.560 --> 00:05:08.860
Speaker 3 (Community Hall): Public hearing is now open. Do we have a
staff report?
22
00:05:09.390 --> 00:05:14.409
Speaker 3 (Community Hall): Yes, thank you, Chair, and good evening,
members of the… Point of order, Chair, should we do exported disclosures?
23
00:05:14.830 --> 00:05:19.340
Speaker 3 (Community Hall): Yes, absolutely. Apologies, let us do ex
parte disclosures.
24
00:05:19.650 --> 00:05:21.270
Speaker 3 (Community Hall): Commissioner Fung, would you like to start?
25
00:05:23.470 --> 00:05:29.329
Speaker 3 (Community Hall): Yes, in the recent days, I haven't met with
the development team, but I did meet with them some months ago.
26
00:05:29.480 --> 00:05:33.180
Speaker 4 (Community Hall): Had a, overview of the site. That actually
must have been…
27
00:05:33.330 --> 00:05:35.110
Speaker 4 (Community Hall): 5 or 6 months ago, I think.
28
00:05:37.940 --> 00:05:43.950
Speaker 4 (Community Hall): I have met with the applicant and had a call
with them as well, and I also.
29
00:05:43.950 --> 00:05:45.479
Speaker 5 (Community Hall): Heard from the…
30
00:05:45.830 --> 00:05:53.809
Speaker 5 (Community Hall): The party that wrote in, which is the retail,
neighbor of the applicant, I have not spoken to any, residents around the
area.
31
00:05:55.290 --> 00:05:57.940
Speaker 3 (Community Hall): I have met with a developer a few times as
well.
32
00:06:00.790 --> 00:06:05.269
Speaker 3 (Community Hall): I met with them many months ago, like
Commissioner Fung, but not recently.
33
00:06:06.830 --> 00:06:09.899
Speaker 3 (Community Hall): Same here, I met with them a few months ago,
not recently.
34
00:06:11.440 --> 00:06:12.400
Speaker 3 (Community Hall): Great, thank you.
35
00:06:13.530 --> 00:06:19.660
Speaker 3 (Community Hall): Okay, thank you and good evening. Just wanted
to do a brief introduction. I believe several of you had a chance to meet
Shelby.
36
00:06:19.660 --> 00:06:28.210
Speaker 6 (Community Hall): Maples will be the project planner on this.
She's a senior planner, started with the city in December, so this is her
first time here at the Planning Commission tonight.
37
00:06:28.340 --> 00:06:36.570
Speaker 6 (Community Hall): She will be leading the presentation this
evening, and then I believe after that, the applicant has a presentation
as well focused on their project, so…
38
00:06:36.670 --> 00:06:39.020
Speaker 6 (Community Hall): With that, I will turn things over to Shelby.
39
00:06:39.545 --> 00:06:45.165
Speaker 3 (Community Hall): Thank you. Good evening, Chair and Planning
Commission. My name is Shelby Maples, Planning Staff, and I have a
presentation.
40
00:06:45.170 --> 00:06:47.570
Speaker 7 (Community Hall): For you on a housing development project.
41
00:06:48.980 --> 00:06:58.030
Speaker 7 (Community Hall): The project is located on 4 parcels along
Stevens Creek, west of Sage Way. It's in the heart of the city's specific
plan Crossroads sub-area.
42
00:06:58.110 --> 00:07:09.049
Speaker 7 (Community Hall): To the east of the site is a Sageway station
retail and Target, as well as a daycare. There's a Whole Foods and
Abundant Life Church to the west, and then Residential Uses and the YMCA
to the north.
43
00:07:09.270 --> 00:07:23.559
Speaker 7 (Community Hall): The zoning designation of the site at the
time of the preliminary application was Plan Development Commercial and
Residential, or PCG Res, which is applicable to the proposed project, and
it has a maximum density of 25 dwelling units to the acre.
44
00:07:23.720 --> 00:07:42.810
Speaker 7 (Community Hall): The project proposes a housing development
with 66 for-sale single-family homes, 56 for-sale townhomes for a total
of 122 units, as well as the removal of 249 trees. The project
entitlements include a use permit, architectural site approval, tentative
map, and tree removal entitlements.
45
00:07:45.100 --> 00:07:53.220
Speaker 7 (Community Hall): For a little bit of background on the
project, the site is currently occupied by the Stevens Creek Office
Center, as well as Voyager Coffee and Panera.
46
00:07:53.480 --> 00:08:13.419
Speaker 7 (Community Hall): As far as applications, the SB330 preliminary
application was submitted on April 1st of 2024, with the formal
application following in September. From some additional context, the
housing element was adopted in May of 2024, where one of the project
parcels was identified as priority housing site number 9.
47
00:08:13.420 --> 00:08:25.700
Speaker 7 (Community Hall): The SB330 application was submitted prior to
housing element adoption in May of 2024, which locked in the existing PCG
Res zoning and the lower densities that are proposed by the project.
48
00:08:27.540 --> 00:08:45.160
Speaker 7 (Community Hall): As we've seen with some other applications
brought before the city, there are several state laws which are
applicable to the project, starting with the Housing Accountability Act,
which does prohibit cities from disproving or adding conditions that
would render a project infeasible or reduce density, except in specific
circumstances.
49
00:08:45.170 --> 00:08:56.390
Speaker 7 (Community Hall): Then there's SB330, or the Housing Crisis
Act, which streamlines permit processing and locks in the fees and
development standards that were in effect at the time of that preliminary
application.
50
00:08:56.770 --> 00:09:13.790
Speaker 7 (Community Hall): Then there's density bonus law, which does
allow the project to have additional units, though that's not utilized in
this case. But it also entitles them to waivers and concessions based on
the amount and type of affordable development provided. The project
requests 12 waivers and 1 concession to support the project as proposed.
51
00:09:14.150 --> 00:09:33.800
Speaker 7 (Community Hall): Then finally, there is no net loss. The city
is required to maintain an inventory of sites, by income category
consistent with RHNA. This site will not provide the number of units
anticipated in the housing element, but since the project came in before
the housing element, it meets the, vested designation.
52
00:09:36.130 --> 00:09:48.340
Speaker 7 (Community Hall): Here's an overview of the project development
standards. In the next several slides, we'll go over, the development
standards for which the project requests waivers, primarily to Heart of
the City setbacks.
53
00:09:50.900 --> 00:10:00.760
Speaker 7 (Community Hall): So, as I mentioned, 122 units in total, with
66 single-family homes, 56 townhomes, including all 24 proposed below-
market rate units.
54
00:10:00.980 --> 00:10:13.329
Speaker 7 (Community Hall): The buildings are 3 stories, so 33 units do
have access to rooftop decks, and the units range in size from 2,272
square feet to 3,773 square feet.
55
00:10:13.740 --> 00:10:17.500
Speaker 7 (Community Hall): The project requires a use permit due to the
vestate zoning.
56
00:10:18.140 --> 00:10:29.399
Speaker 7 (Community Hall): Additionally, with the tree removal permit, a
total of 249 trees will be removed, with 151 planned to be replaced on
site, as with the remainder being compensated by an in-loop fee.
57
00:10:29.890 --> 00:10:34.549
Speaker 7 (Community Hall): And there is also a vesting tentative map for
condominium purposes associated with the development.
58
00:10:36.500 --> 00:10:53.749
Speaker 7 (Community Hall): So here's the site plan, showing the layout
of the project. As you can see, there are the townhome buildings, shown
here in the orange, green, and yellow, that are oriented towards Stevens
Creek, with the single-family homes started towards the center of the
site, and back towards Alves.
59
00:10:53.750 --> 00:11:08.460
Speaker 7 (Community Hall): The BMR units are highlighted here with the
red dots. They're all located in the townhome portion of the project. The
units include garages. There are a total of 272 parking spaces throughout
the project, including 28 guest parking spaces.
60
00:11:08.540 --> 00:11:15.350
Speaker 7 (Community Hall): Each unit includes private open space, and
also there's a common open space green, which includes the public art.
61
00:11:16.890 --> 00:11:20.420
Speaker 7 (Community Hall): So here is a rendering of the project from
Stevens Creek.
62
00:11:23.560 --> 00:11:42.220
Speaker 7 (Community Hall): The project is largely consistent with the
applicable objective standards, though, as we've discussed, it is
requesting density bonus waivers and a concession. Just a reminder that
concessions and waivers can only be denied under very specific
circumstances, including significant negative impacts to health and
safety.
63
00:11:42.250 --> 00:12:01.939
Speaker 7 (Community Hall): We will summarize the 12 density bonus
waivers in the following slides, though primarily we're looking at the
height limitation for the part of the city, the front, side, and rear
setbacks, the side and rear upper deck setbacks, eave setbacks, lot
coverage, lot width, and building forms, and then parking size and
setbacks.
64
00:12:03.360 --> 00:12:22.809
Speaker 7 (Community Hall): So here is an image that shows the 35 units
that would be impacted if the heart of the City height limit of 45 feet
was in place. The tallest of these units is highlighted here with Unit
Building 17. It's noted that the height of the building is approximately
50 feet.
65
00:12:22.810 --> 00:12:32.199
Speaker 7 (Community Hall): While the actual structure itself is about 45
and a half feet tall, the setback is measured from the sidewalk, which
does affect the overall height.
66
00:12:34.510 --> 00:12:46.179
Speaker 7 (Community Hall): Here are the setbacks for the front, side,
side deck, rear, and rear deck and eaves. They're showing here in the
table the most, significantly reduced setback.
67
00:12:49.210 --> 00:13:03.280
Speaker 7 (Community Hall): Similarly here, there are additional waivers
for lot coverage, lot width, and building forms. The building form speaks
to the masses… massing of the buildings adjacent to residential, which
would ordinarily require the building to be stepped back based on the
height.
68
00:13:05.410 --> 00:13:18.500
Speaker 7 (Community Hall): There are also two additional waivers that
have to do with parking, including the construction of parking within the
setback, adjacent to residential. So those are the garages for buildings
1, 2, 3, and 17.
69
00:13:18.500 --> 00:13:29.800
Speaker 7 (Community Hall): Then there's also the parking stall size. The
garage would typically be 20 by 20. Here, we're looking at an 18.5x20
with 28 tandem garages.
70
00:13:31.810 --> 00:13:41.870
Speaker 7 (Community Hall): The project does propose public art. This
would be located in the central green of the project, and ultimately this
would be reviewed and approved by the Arts and Culture Commission.
71
00:13:43.630 --> 00:13:55.989
Speaker 7 (Community Hall): Due to the limitations on the site, the
project proposes the payment of an in-lieu fee for parkland dedication,
and with this fee, it is consistent with Quimby Act requirements.
72
00:13:58.150 --> 00:14:14.540
Speaker 7 (Community Hall): The proposed project will also include 20%
moderate below market rate, or BMR units. This would be a total of 24.4
BMR units, so there's 12 moderate and 12 median, with an in-lieu fee paid
for the fractional unit.
73
00:14:14.660 --> 00:14:30.980
Speaker 7 (Community Hall): The concession for the project is proposed
for the units to be slightly smaller in unit type, so there's 3 bedrooms
in the BMR units, whereas 3 or 4 bedrooms in the units throughout the
rest of the site, and then the BMR units are only located in the
townhomes.
74
00:14:32.840 --> 00:14:50.779
Speaker 7 (Community Hall): The project, relies on the AB130 exemption.
There is a memorandum included with the staff report packet. As part of
that, they reviewed the Phase 1 Environmental Site Assessment, and it was
determined that the project meets the requirements for the statutory
exemption.
75
00:14:52.840 --> 00:14:59.930
Speaker 7 (Community Hall): For noticing and public comments, the
noticing includes site signage, illegal advertisement, and then the
mailed notices to 500 feet.
76
00:15:00.040 --> 00:15:16.320
Speaker 7 (Community Hall): Prior to staff report publication, there was
only one letter that referenced the project. It was a comment about loss
of retail in the city, and did mention the project, but did not address
it directly. There were several emails that were received,
77
00:15:16.580 --> 00:15:26.179
Speaker 7 (Community Hall): today, and in one email yesterday, several of
the emails were regarding the loss of retail, and there were also
multiple letters of support in the project.
78
00:15:29.170 --> 00:15:46.629
Speaker 7 (Community Hall): Therefore, staff recommends that the Planning
Commission adopt the draft resolutions recommending that the City Council
take the actions listed here on the slide and in your staff report. Thank
you, and I'm available for questions, and PlaceWorks is also available to
answer questions regarding the CEQA. So, thank you very much.
79
00:15:47.660 --> 00:15:55.230
Speaker 3 (Community Hall): Thank you for the presentation and a belated
welcome to Sheldon. I'll now bring it back to the Commission for any
questions of staff before we move to the applicant presentation.
80
00:15:56.240 --> 00:16:01.280
Speaker 5 (Community Hall): I did not see staff call out the letter from
the neighboring retail.
81
00:16:01.490 --> 00:16:04.959
Speaker 5 (Community Hall): Tenant, did I miss that on your slide? If you
might go back to that slide.
82
00:16:06.010 --> 00:16:11.079
Speaker 7 (Community Hall): It wasn't called out directly on the slide
because it was received very late in the day today.
83
00:16:11.500 --> 00:16:12.470
Speaker 7 (Community Hall): So, how short.
84
00:16:12.475 --> 00:16:16.465
Speaker 5 (Community Hall): Should we think about the letter from the
retail?
85
00:16:17.165 --> 00:16:20.815
Speaker 5 (Community Hall): Neighbor that is asking to continue the item.
86
00:16:21.665 --> 00:16:28.275
Speaker 5 (Community Hall): Commissioner, we received a letter very,
very, very late, and I think it's appropriate to just proceed.
87
00:16:28.530 --> 00:16:37.789
Speaker 8 (Community Hall): Under the circumstance that we haven't had
time to evaluate the merits of the letter, and encouraged, the letter
writer to contact the City Council.
88
00:16:38.300 --> 00:16:40.610
Speaker 8 (Community Hall): When they… when the island goes before them.
89
00:16:41.330 --> 00:16:45.750
Speaker 5 (Community Hall): Okay, and can staff comment on, in these
matters, typically.
90
00:16:45.950 --> 00:16:53.330
Speaker 5 (Community Hall): If you have an applicant that is co-located
with another Commercial, property owner.
91
00:16:53.630 --> 00:17:06.420
Speaker 5 (Community Hall): What is the protocol? Is it the… is the onus
on the applicant to contact the neighboring property? Is the onus on the
neighboring property to read their notices and engage, or is the onus on
staff to engage both parties?
92
00:17:07.279 --> 00:17:23.869
Speaker 7 (Community Hall): So, as proposed, the project does not modify
the easement that's referred to in the letter. So, I have been told that
the applicant has reached out to the property owner, but as the
easement's not being modified with the project, it hasn't been an issue.
93
00:17:24.470 --> 00:17:28.039
Speaker 5 (Community Hall): But just in terms of the engagement model, is
the city…
94
00:17:28.280 --> 00:17:31.230
Speaker 5 (Community Hall): Expected to engage adjacent neighbors, or…
95
00:17:34.240 --> 00:17:48.020
Speaker 6 (Community Hall): On issues like this, where they're between
two properties, the city would typically not be involved with an
agreement where I believe there's a third party where the city had
oversight when these were both commercial properties to ensure that there
was access.
96
00:17:48.100 --> 00:17:57.669
Speaker 6 (Community Hall): Where we're now finding ourself is it's an
opposite situation, because you're having a residential property develop,
where it's essentially going to be shut off from that commercial
property.
97
00:17:57.780 --> 00:18:10.809
Speaker 6 (Community Hall): And several of the issues, if not all, that
are cited in there are really not going to be applicable anymore, because
this is essentially a standalone project. But it's not impeding the
access to the commercial site to the east.
98
00:18:13.530 --> 00:18:23.630
Speaker 5 (Community Hall): And last question from me. So the AB130, is
that retroactive, given the application was received before AB130 was
passed, I believe?
99
00:18:24.415 --> 00:18:30.685
Speaker 6 (Community Hall): Yes, it is. The application was filed before
AB130 went into effect on June 30 of last year.
100
00:18:30.865 --> 00:18:37.954
Speaker 6 (Community Hall): And projects that had already been submitted
prior to that, if they were eligible, could take advantage of AB130, so…
101
00:18:38.065 --> 00:18:41.424
Speaker 6 (Community Hall): That's the course this project had taken.
102
00:18:41.915 --> 00:18:57.484
Speaker 6 (Community Hall): there was a… there's a long-standing existing
categorical exemption for infill projects that was typically used.
However, because this site's close to 7 acres, it wouldn't have been
eligible for that. It's capped at 5. AB130 raised that up to 20 acres,
so…
103
00:18:57.535 --> 00:19:02.164
Speaker 6 (Community Hall): This project meets all of the criteria of
AB130. Thank you.
104
00:19:03.950 --> 00:19:05.580
Speaker 3 (Community Hall): Any other questions from Commission?
105
00:19:05.690 --> 00:19:07.009
Speaker 3 (Community Hall): Commissioner Linskogg?
106
00:19:07.880 --> 00:19:14.809
Speaker 3 (Community Hall): I have a question about the retail. Is there
any effort being made to relocate the retail, or to encourage.
107
00:19:14.810 --> 00:19:17.159
Speaker 9 (Community Hall): You know, like, give them,
108
00:19:17.400 --> 00:19:23.709
Speaker 9 (Community Hall): Incentives or, or, you know, any kind of help
to relocate elsewhere in the city?
109
00:19:24.830 --> 00:19:43.660
Speaker 6 (Community Hall): I did not talk recently with our economic
development group, but generally they are… they're well aware of this
project and are generally working with tenants, where there's potential
displacement to try to keep them within the city and look at available
options for relocation. I don't know the specific status of those
conversations, though.
110
00:19:45.840 --> 00:19:47.730
Speaker 9 (Community Hall): Can we find out? Can we…
111
00:19:47.735 --> 00:19:54.304
Speaker 6 (Community Hall): We certainly can, and at the City Council
meeting, we could include that in the staff presentation.
112
00:19:54.435 --> 00:19:57.754
Speaker 6 (Community Hall): On efforts to assist with relocation.
113
00:19:57.985 --> 00:19:59.334
Speaker 6 (Community Hall): That would be great, thank you.
114
00:20:00.480 --> 00:20:01.750
Speaker 3 (Community Hall): Any other questions?
115
00:20:02.150 --> 00:20:03.160
Speaker 3 (Community Hall): Vice Chair?
116
00:20:05.030 --> 00:20:12.520
Speaker 3 (Community Hall): I just had one clarifying question. So, I
understand that, 20807 is the housing element site, and then
117
00:20:12.770 --> 00:20:17.389
Speaker 3 (Community Hall): 20813, 23 and 883 are not.
118
00:20:17.520 --> 00:20:24.250
Speaker 3 (Community Hall): Are those going to be counted later in… in…
from a RENA standpoint?
119
00:20:24.405 --> 00:20:28.695
Speaker 6 (Community Hall): Happily, yes. All of these will count, so…
120
00:20:28.905 --> 00:20:36.995
Speaker 6 (Community Hall): the housing element site's not being
developed at the density we expected. I think the capacity in the housing
element was 51 units for that property.
121
00:20:37.275 --> 00:20:43.594
Speaker 6 (Community Hall): But the total number of units is, what, 71
beyond that, and we're not having
122
00:20:44.005 --> 00:20:48.495
Speaker 6 (Community Hall): A contribution to no net loss in the moderate
income category, though we do in the low.
123
00:20:50.290 --> 00:20:51.309
Speaker 3 (Community Hall): Great, thank you.
124
00:20:52.130 --> 00:20:56.060
Speaker 3 (Community Hall): All right, if we have no further questions,
then… oh, sorry, it looks like we do.
125
00:20:56.065 --> 00:20:57.675
Speaker 4 (Community Hall): As a follow-up to that, I'm curious.
126
00:20:57.795 --> 00:21:02.025
Speaker 4 (Community Hall): Because the other sites were not… because the
other parcels were not part of the housing element.
127
00:21:02.925 --> 00:21:07.095
Speaker 4 (Community Hall): Is there any effect, because there are units
being built there, that that offsets the…
128
00:21:08.055 --> 00:21:11.455
Speaker 4 (Community Hall): You know the loss on the… on the site that
had been designated?
129
00:21:11.825 --> 00:21:12.415
Speaker 4 (Community Hall): what…
130
00:21:12.420 --> 00:21:22.210
Speaker 6 (Community Hall): I'm expecting we will be doing in the coming
months is taking account of projects like this that were not identified
in the housing element, but are either in the pipeline or going to
hearing.
131
00:21:22.610 --> 00:21:34.620
Speaker 6 (Community Hall): And the no-net loss will involve amending the
housing element and factoring those in. So, we would get credit in the
annual reporting anyway, because we've approved these, but the housing
element should reflect
132
00:21:35.340 --> 00:21:43.609
Speaker 6 (Community Hall): That while we have a no-net-loss situation,
we've also gotten a number of projects on non-housing element sites that
will help us for total units.
133
00:21:45.970 --> 00:21:46.999
Speaker 3 (Community Hall): Yep, Commissioner Rao.
134
00:21:48.100 --> 00:21:54.929
Speaker 5 (Community Hall): Yeah, so… How is, staff interpreting the…
135
00:21:56.370 --> 00:21:59.739
Speaker 5 (Community Hall): Use of objective design standards, or the
lack thereof.
136
00:22:02.630 --> 00:22:09.519
Speaker 5 (Community Hall): Do we assume the city has no objective design
standards, or do we… To review specific…
137
00:22:09.710 --> 00:22:13.150
Speaker 5 (Community Hall): Standards within the general plan and other
plans.
138
00:22:13.370 --> 00:22:16.839
Speaker 5 (Community Hall): To see which ones are actually quantified and
therefore enforceable.
139
00:22:18.080 --> 00:22:23.109
Speaker 6 (Community Hall): Yes, we do look at that. Of course, with
density bonus projects.
140
00:22:23.670 --> 00:22:27.789
Speaker 6 (Community Hall): We're always dealing with even the objective
standards can be waived.
141
00:22:28.340 --> 00:22:37.289
Speaker 5 (Community Hall): Understood, but, specific, quantifiable
standards would still need explicit density bonus waivers being
requested.
142
00:22:38.030 --> 00:22:44.640
Speaker 6 (Community Hall): And anything that is quantifiable and
applicable to the project, yes. Things like building height, setbacks.
143
00:22:44.645 --> 00:22:47.104
Speaker 5 (Community Hall): I'm not assuming that the…
144
00:22:47.275 --> 00:22:53.944
Speaker 5 (Community Hall): The absence of a separate objective design
standard means we cannot enforce anything that is in the
145
00:22:54.365 --> 00:22:58.205
Speaker 5 (Community Hall): In the general plan. If it is quantified, we
will still be looking to enforce. If…
146
00:22:58.600 --> 00:23:03.420
Speaker 6 (Community Hall): Yes, we still look to that, it's just that
you should always keep in mind with density bonus.
147
00:23:03.640 --> 00:23:07.189
Speaker 6 (Community Hall): they can be waived, even the objective
standards.
148
00:23:07.195 --> 00:23:11.824
Speaker 5 (Community Hall): The question is, is the applicant seeking
explicit waiver on each of those?
149
00:23:12.085 --> 00:23:13.255
Speaker 5 (Community Hall): RV.
150
00:23:13.405 --> 00:23:15.755
Speaker 5 (Community Hall): Are we, are we looking at that?
151
00:23:16.075 --> 00:23:17.455
Speaker 5 (Community Hall): Thank you, that's all I have.
152
00:23:19.290 --> 00:23:23.120
Speaker 3 (Community Hall): All right, seeing as there are no further
questions, we will move to the applicant presentation.
153
00:23:29.690 --> 00:23:31.140
Speaker 3 (Community Hall): Alright.
154
00:23:31.890 --> 00:23:33.910
Speaker 3 (Community Hall): You can… Pull the presentation?
155
00:23:35.780 --> 00:23:36.460
Speaker 3 (Community Hall): No.
156
00:23:39.670 --> 00:23:42.479
Speaker 7 (Community Hall): It is up on my screen, so it's ready for…
157
00:23:43.630 --> 00:23:47.230
Speaker 7 (Community Hall): Can they see it on their screens? Okay. Oh,
there we go. Perfect.
158
00:23:49.090 --> 00:23:50.120
Speaker 7 (Community Hall): Good evening.
159
00:23:50.340 --> 00:23:52.959
Speaker 7 (Community Hall): Chair Cultron, Vice Chair Scharf, and
Commissioner.
160
00:23:52.965 --> 00:23:54.975
Speaker 1 (Community Hall): And members of the public.
161
00:23:55.370 --> 00:23:57.759
Speaker 10 (Community Hall): I'm Kevin Choi with Harvest Properties.
162
00:23:58.420 --> 00:24:04.189
Speaker 10 (Community Hall): I'd like to first like to thank staff for
their presentation and their guidance through this entitlement process.
163
00:24:04.370 --> 00:24:06.780
Speaker 10 (Community Hall): They have been incredibly helpful throughout
all of it.
164
00:24:08.420 --> 00:24:11.699
Speaker 10 (Community Hall): We are excited to present and introduce the
canopies.
165
00:24:11.890 --> 00:24:19.279
Speaker 10 (Community Hall): There was no time like today to name the
project, and the canopies, as staff has mentioned, is located on Stevens
Creek Boulevard.
166
00:24:19.350 --> 00:24:20.030
Community Hall: Excellent.
167
00:24:21.700 --> 00:24:26.769
Speaker 10 (Community Hall): Tonight, I'll briefly walk you through our
project team, the site location.
168
00:24:27.000 --> 00:24:32.370
Speaker 10 (Community Hall): Our community engagement process, and the
core benefits this housing project brings Cupertino.
169
00:24:33.360 --> 00:24:39.740
Speaker 10 (Community Hall): Then I'll hand it over to our architect to
dive into the design, Landscaping, and architecture.
170
00:24:41.920 --> 00:24:47.279
Speaker 10 (Community Hall): Before we jump in… I just want to quickly
introduce our project team. Again, my name is Kevin Choi.
171
00:24:47.640 --> 00:24:49.070
Speaker 10 (Community Hall): Representing ownership.
172
00:24:49.640 --> 00:24:52.710
Speaker 10 (Community Hall): With me tonight is the property owner, Blair
Volkman.
173
00:24:53.010 --> 00:24:56.309
Speaker 10 (Community Hall): Whose family has been stewards of the site
for over 40 plus years.
174
00:24:56.800 --> 00:25:04.040
Speaker 10 (Community Hall): We also have our lead design and engineering
partners, David Burton from KTGY Architecture, Eric Gellerman from Gates
Studio.
175
00:25:04.630 --> 00:25:07.250
Speaker 10 (Community Hall): Terry Reeves from CBMG.
176
00:25:09.070 --> 00:25:09.630
Community Hall: Next step.
177
00:25:12.720 --> 00:25:19.330
Speaker 10 (Community Hall): Looking at the project location, this 6.8-
acre site is currently improved with older office and retail buildings.
178
00:25:19.520 --> 00:25:35.450
Speaker 10 (Community Hall): I want to explicitly clarify, especially in
response to some public comments that we have received, that our project
footprint does not include the daycare facility at the corner of Alves
and Sage, nor does it include the newly constructed retail shops fronting
Sageway and the associated driveway.
179
00:25:37.000 --> 00:25:54.289
Speaker 10 (Community Hall): As you'll hear later, our project includes
for-sale residential units, and these future homeowners will have ample
access to schools and retail amenities, including Garden Gate Elementary,
Sam Lawson Middle School, Whole Foods, Target, and a variety of other
retail tenants in Cupertino.
180
00:25:56.750 --> 00:26:01.300
Speaker 10 (Community Hall): Getting to the proposed site plan to you
today, Has been a comprehensive journey.
181
00:26:01.900 --> 00:26:11.139
Speaker 10 (Community Hall): Since submitting our initial SB330
application in April of 2024, we have had significant community
engagement throughout 2024 and 2025.
182
00:26:11.520 --> 00:26:22.929
Speaker 10 (Community Hall): We listened closely to feedback, which led
our team to spend several months through March and July of 2025 deeply
investigating a site design alternative that preserved the existing
retail on-site.
183
00:26:23.570 --> 00:26:32.550
Speaker 10 (Community Hall): Unfortunately, due to a determination that
the project would have to resubmit and lose its SB330 vesting, that
option ultimately proved infeasible.
184
00:26:34.970 --> 00:26:38.079
Speaker 10 (Community Hall): That brings us to what we have heard from
the community.
185
00:26:38.340 --> 00:26:47.370
Speaker 10 (Community Hall): While we couldn't preserve the retail
buildings, ownership is committed to working with Panera and Voyager
Coffee to assist them in finding a new home in Cupertino.
186
00:26:48.360 --> 00:26:51.879
Speaker 10 (Community Hall): We've also heard how much the community
values the urban forest.
187
00:26:52.060 --> 00:27:00.980
Speaker 10 (Community Hall): We worked closely with city staff, and are
proudly preserving 6 existing pear trees along Stevens Creek Boulevard
frontage, and we'll be planting an additional 4 more.
188
00:27:01.800 --> 00:27:12.189
Speaker 10 (Community Hall): Regarding the site's interior, the current
high volume of trees is solely due to severe overplanting in areas that
are too small to support mature growth.
189
00:27:12.840 --> 00:27:23.509
Speaker 10 (Community Hall): Rather than repeat past mistakes, we are
planting 65 new, large canopy trees in right-sized courtyards to ensure a
sustainable, healthy canopy for the long term.
190
00:27:26.070 --> 00:27:29.399
Speaker 10 (Community Hall): I want to highlight the unique opportunity
that we have here.
191
00:27:29.610 --> 00:27:34.300
Speaker 10 (Community Hall): For sale homes have been severely
underproduced in this region over the last decade.
192
00:27:34.410 --> 00:27:37.359
Speaker 10 (Community Hall): With development heavily skewed towards
rentals.
193
00:27:40.210 --> 00:27:43.840
Speaker 10 (Community Hall): This project helps meet that missing supply
for home ownership.
194
00:27:43.940 --> 00:27:49.150
Speaker 10 (Community Hall): Providing a place for families to put down
roots, and for empty nesters to downsize.
195
00:27:49.680 --> 00:27:55.329
Speaker 10 (Community Hall): This opportunity exists because the 40-plus-
year-old campus is at the end of its useful life.
196
00:27:55.720 --> 00:28:00.680
Speaker 10 (Community Hall): And Apple, who occupies 65% of the site, has
notified us that they are vacating.
197
00:28:01.120 --> 00:28:04.499
Speaker 10 (Community Hall): And the demand for office like this has
fundamentally changed.
198
00:28:05.480 --> 00:28:15.370
Speaker 10 (Community Hall): To deliver this much-needed housing, we are
utilizing state density bonus law, while still maintaining a relatively
low density development in comparison to other projects.
199
00:28:15.750 --> 00:28:30.410
Speaker 10 (Community Hall): To make our affordable housing units
physically and financially feasible, we are requesting a concession and
multiple waivers. These waivers, which include deviations for height,
lock coverage, setbacks, and parking dimensions that staff has mentioned,
are not arbitrary.
200
00:28:30.510 --> 00:28:36.300
Speaker 10 (Community Hall): They are essential mechanical tools that
allow us to provide the level of housing and affordability today.
201
00:28:38.410 --> 00:28:53.500
Speaker 10 (Community Hall): Finally, before I turn it over to David, I
want to emphasize the benefits of this project. By utilizing these state
density bonus law provisions, we are providing 24 below-market rate
homes, 20% of the total units, to median and moderate-income households.
202
00:28:53.930 --> 00:28:57.130
Speaker 10 (Community Hall): Additionally, we're providing 122 homes.
203
00:28:57.370 --> 00:29:05.869
Speaker 10 (Community Hall): That's more than the 51 that was noted in
the housing element, as you all have already noticed. And this will help
with the low net loss issue that you have.
204
00:29:06.510 --> 00:29:14.979
Speaker 10 (Community Hall): Beyond housing, this project is a tremendous
asset to the city. It is entirely consistent with the site's general plan
and zoning designations when submitted.
205
00:29:15.240 --> 00:29:33.560
Speaker 10 (Community Hall): Environmentally, our peer-reviewed traffic
study demonstrates a 40% net decrease in vehicle trips compared to the
existing commercial uses. And last but not least, economically, the
project generates $10 million in impact fees and provides an estimated
$160,000 of net revenue to the city's general fund.
206
00:29:34.430 --> 00:29:39.829
Speaker 10 (Community Hall): Thank you for your time and consideration.
I'll now hand the presentation over to David Burton from KTGY Architects.
207
00:29:44.640 --> 00:29:45.300
Community Hall: Excellent.
208
00:29:46.530 --> 00:29:50.730
Speaker 10 (Community Hall): Thanks, Kevin. And good evening to all of
you, Commissioners.
209
00:29:50.840 --> 00:29:52.520
Speaker 10 (Community Hall): Definitely excited to be, before you.
210
00:29:52.520 --> 00:29:56.299
Speaker 11 (Community Hall): This evening to present what we think will
be a great addition to the neighborhood.
211
00:29:56.400 --> 00:30:00.900
Speaker 11 (Community Hall): As Kevin mentioned, my name's David Burton.
I'm Associate Principal with KTGY.
212
00:30:02.070 --> 00:30:08.820
Speaker 11 (Community Hall): I'll keep my presentation short, focusing on
giving you some small insights into our thinking that went into
developing the designs.
213
00:30:10.290 --> 00:30:23.039
Speaker 11 (Community Hall): Our main goals with this design were, one,
to create a plan that responds to the context, larger-scale buildings
facing Stevens Creek Boulevard, transitioning to a more fine-grained
scale as you move through the site to Alice Drive.
214
00:30:23.780 --> 00:30:28.879
Speaker 11 (Community Hall): Number two was to help fulfill the vision of
the city's Heart of the City specific plan.
215
00:30:29.520 --> 00:30:38.519
Speaker 11 (Community Hall): And three is to maximize housing
opportunities in a location that's got good access to shopping, schools,
transit, and bike infrastructure, as Kevin talked about.
216
00:30:40.730 --> 00:30:43.230
Speaker 11 (Community Hall): The project concludes two types of housing.
217
00:30:43.360 --> 00:30:50.919
Speaker 11 (Community Hall): 3-story townhouses that are oriented towards
Stevens Creek Boulevard, three-story single-family homes towards the
interior, and facing Alves Drive.
218
00:30:51.390 --> 00:31:02.199
Speaker 11 (Community Hall): Access to the site is provided from both of
these streets, and we've then meandered that circulation through the site
to encourage slower speeds more conducive to a pedestrian-friendly
neighborhood.
219
00:31:03.310 --> 00:31:09.700
Speaker 11 (Community Hall): All homes have front doors facing Stevens
Creek, Alves Drive, or to the landscape courtyards that we've created.
220
00:31:10.440 --> 00:31:18.909
Speaker 11 (Community Hall): The courtyards connect to the central
circulation spine and provide a strong continuous pedestrian connection
from homes out to the larger neighborhood.
221
00:31:20.470 --> 00:31:29.800
Speaker 11 (Community Hall): The 56 townhomes are a mix of 3- and 4-
bedroom units that provide a diversity of plans that can appeal to a wide
variety of households and lifestyles.
222
00:31:29.900 --> 00:31:41.310
Speaker 11 (Community Hall): And the 66 single-family homes have two
primary unit types, a couple different little variations. And the homes
will have private side yards and second floor decks that connect with the
main living spaces.
223
00:31:41.770 --> 00:31:45.730
Speaker 11 (Community Hall): And as Kevin, I think, pointed out, that the
number of the homes also feature roof decks.
224
00:31:48.080 --> 00:31:49.350
Speaker 11 (Community Hall): Next slide, please.
225
00:31:50.990 --> 00:31:57.260
Speaker 11 (Community Hall): As I mentioned a minute ago, all homes have
front doors that either face one of the two public streets or face onto
landscape courtyards.
226
00:31:58.440 --> 00:32:07.870
Speaker 11 (Community Hall): We worked very closely with Gate Studios,
the landscape architects, to design streetscapes and courtyards that are
human-scale, lush.
227
00:32:07.990 --> 00:32:16.399
Speaker 11 (Community Hall): Provide gathering spaces for friends and
neighbors, and create a network of walkways that connect homes to the
landscape and to the larger neighborhood.
228
00:32:17.420 --> 00:32:31.029
Speaker 11 (Community Hall): The highlight of the neighborhood and its
heart is a large 32,000 square foot courtyard that will feature a
substantial tree canopy, picnic areas, an outdoor workstation, play
opportunities for children, and public art.
229
00:32:31.610 --> 00:32:40.189
Speaker 11 (Community Hall): This courtyard is situated well away from
both Stevens Creek Boulevard and Alves Drive to be a quiet, peaceful
space for residents away from car traffic.
230
00:32:40.310 --> 00:32:46.980
Speaker 11 (Community Hall): But that it's also connected by the strong
central circulation spine for easy, visible access.
231
00:32:48.040 --> 00:32:58.770
Speaker 11 (Community Hall): Our other courtyards, which feed off the
central circulation spine, include benches, seat walls, playful seating
stones, and gathering areas for quiet outdoor time and conversation with
neighbors.
232
00:32:59.350 --> 00:33:00.180
Speaker 11 (Community Hall): Next.
233
00:33:03.330 --> 00:33:03.850
Community Hall: Nope.
234
00:33:05.690 --> 00:33:07.350
Speaker 11 (Community Hall): There we go.
235
00:33:07.480 --> 00:33:21.029
Speaker 11 (Community Hall): The townhomes are designed in two distinct
styles, and have plane breaks, varied roof heights, changes in materials,
and changes in color to be compliant with the design guidelines in the
Heart of the City-specific plan.
236
00:33:21.480 --> 00:33:26.980
Speaker 11 (Community Hall): This view shows our Stevens Creek frontage
that we, for a lack of a better term, call our modern French style.
237
00:33:27.820 --> 00:33:32.170
Speaker 11 (Community Hall): Lighter colors are used at street-facing
bays to highlight individual units.
238
00:33:32.460 --> 00:33:40.999
Speaker 11 (Community Hall): Lower, one-in-storic, two-story forms with
standing seam metal roofs give prominence and a more pedestrian-friendly
scale to the front doors of all the homes.
239
00:33:41.480 --> 00:33:46.940
Speaker 11 (Community Hall): Recessed windows, bay windows, and balconies
add depth and detail to the elevations.
240
00:33:48.070 --> 00:33:55.429
Speaker 11 (Community Hall): And as, Kevin pointed out, at the planting
strip along the street, we're preserving 6 existing street trees and
infilling with matching trees.
241
00:33:55.660 --> 00:34:02.520
Speaker 11 (Community Hall): This existing landscape, paired with our
more traditional architecture, we feel will help give these buildings a
more timeless quality.
242
00:34:03.370 --> 00:34:03.980
Community Hall: Next.
243
00:34:06.260 --> 00:34:15.130
Speaker 11 (Community Hall): The single-family homes are designed in
three styles that are distinct, but also share common compositional
elements that allow them to come together as a cohesive neighborhood.
244
00:34:15.800 --> 00:34:19.920
Speaker 11 (Community Hall): This view of our Alves Drive street frontage
shows an example of each of the styles.
245
00:34:20.520 --> 00:34:27.009
Speaker 11 (Community Hall): The Spanish Revival style features low-
pitched roofs, arched entries, and recessed windows, typical of the
style.
246
00:34:27.170 --> 00:34:32.110
Speaker 11 (Community Hall): The modern French utilizes steeper gaveled
grooves and fiber cement panel accents.
247
00:34:32.420 --> 00:34:39.739
Speaker 11 (Community Hall): And the craftsman style features deep eaves,
brackets, corbels, and shingle accents, typical of the style.
248
00:34:40.260 --> 00:34:47.170
Speaker 11 (Community Hall): Each home has a prominent front porch and a
second floor deck that allows the main living spaces to have engagement
with the life of the street.
249
00:34:47.560 --> 00:34:58.829
Speaker 11 (Community Hall): The front elevations of the homes have
significant plain changes, varied roof lines, bay windows, and changes in
material and colors to give the homes great visual interest and a more
human scale.
250
00:34:59.370 --> 00:35:06.180
Speaker 11 (Community Hall): We believe that the style and play of
masting and details will allow these houses to blend comfortably with the
existing neighborhood.
251
00:35:07.000 --> 00:35:07.590
Community Hall: Next.
252
00:35:11.550 --> 00:35:13.470
Community Hall: One before this.
253
00:35:16.560 --> 00:35:21.640
Speaker 11 (Community Hall): Let me keep going back. Is there… Huh, there
was one of the courtyards somewhere in there.
254
00:35:22.890 --> 00:35:25.129
Speaker 11 (Community Hall): There… oh, there it is.
255
00:35:25.300 --> 00:35:37.809
Speaker 11 (Community Hall): And this is a view of our central open
space. At this location, our two housing typologies come together, with
the space being bounded by both townhomes and single-family homes. The
whole of the community literally knits together in this space.
256
00:35:38.620 --> 00:35:44.970
Speaker 11 (Community Hall): You can also see we've made the space large
enough for it to be a vibrant space that contains multiple spaces and
uses.
257
00:35:45.210 --> 00:35:50.079
Speaker 11 (Community Hall): Space for children to play, neighbors to
chat, or to have a little quiet time for oneself.
258
00:35:52.430 --> 00:35:59.169
Speaker 11 (Community Hall): There we go. With that, I'll conclude my
portion of our presentation. Thanks for the opportunity to present the
project to you this evening.
259
00:35:59.310 --> 00:36:04.740
Speaker 11 (Community Hall): Our team, both the ownership and the
consultants, are here and available to answer questions you might have.
260
00:36:04.920 --> 00:36:05.690
Speaker 11 (Community Hall): Thanks.
261
00:36:06.560 --> 00:36:10.429
Speaker 3 (Community Hall): Great, thank you very much to Kevin and
David, and we'll bring it back to the Commission for questions.
262
00:36:11.770 --> 00:36:12.680
Speaker 3 (Community Hall): Fisher?
263
00:36:13.570 --> 00:36:16.330
Speaker 3 (Community Hall): How far are the front doors of the units?
264
00:36:16.700 --> 00:36:18.150
Speaker 3 (Community Hall): Facing Stevens Creek.
265
00:36:18.155 --> 00:36:24.695
Speaker 12 (Community Hall): From the actual… road, because I noticed
Stevens Creek is between 6 and 7-lane divided.
266
00:36:25.185 --> 00:36:29.654
Speaker 12 (Community Hall): highway there, so I just wonder how many
feet those… Are from the street.
267
00:36:29.660 --> 00:36:42.690
Speaker 11 (Community Hall): It's a great question. There's a required, I
think it's 35-foot setback, along that frontage, and we're complying with
that… with that setback. So there's setback a good ways, and there's a
big landscape buffer in between the street and the buildings. Okay,
thank…
268
00:36:43.420 --> 00:36:44.460
Speaker 11 (Community Hall): 34?
269
00:36:45.500 --> 00:36:46.609
Speaker 11 (Community Hall): One foot less.
270
00:36:49.430 --> 00:36:55.119
Speaker 3 (Community Hall): Thank you. Any other questions? And the
applicant may want to remain at the podium, as we may have more questions
for you.
271
00:36:55.905 --> 00:36:58.735
Speaker 9 (Community Hall): I have a question about the trees.
272
00:36:58.845 --> 00:37:18.845
Speaker 9 (Community Hall): There's a… I mean, I hear what you're saying
about some of the trees are pretty close together, but there's also a lot
of really nice, mature pine trees and big, beautiful trees there, which
I'm really not happy about losing. What size trees are you going to be
putting back in? Are you making an effort to put
273
00:37:18.985 --> 00:37:23.574
Speaker 9 (Community Hall): Bigger trees in, or are these, like, you
know, 24-inch…
274
00:37:24.380 --> 00:37:26.700
Speaker 12 (Community Hall): Pods.
275
00:37:27.030 --> 00:37:33.319
Speaker 12 (Community Hall): the exact size of the particular tree. 24-
inch box is a pretty standard size for new trees going in, as far.
276
00:37:33.320 --> 00:37:35.069
Speaker 4 (Community Hall): As far as, the species.
277
00:37:35.075 --> 00:37:49.645
Speaker 13 (Community Hall): that go in, but given the type of project,
we have trees that are kind of small to medium size in mature canopy, and
then the areas where we do have room. I think we do have, like, at least
one oak species and a couple other species that would be large shade
trees at maturity.
278
00:37:51.235 --> 00:37:52.624
Speaker 13 (Community Hall): Where are those going?
279
00:37:53.065 --> 00:38:01.125
Speaker 13 (Community Hall): The central courtyard, the linear park area,
that's where we have the most space for the larger canopy. There's a
couple other pockets where… How wide is the central courtyard?
280
00:38:02.325 --> 00:38:03.994
Speaker 13 (Community Hall): 50 feet, give or take?
281
00:38:05.335 --> 00:38:06.125
Speaker 13 (Community Hall): Okay.
282
00:38:08.570 --> 00:38:10.210
Speaker 3 (Community Hall): Do we have any other questions?
283
00:38:13.330 --> 00:38:14.290
Speaker 3 (Community Hall): Commissioner Rowe?
284
00:38:15.290 --> 00:38:17.570
Speaker 5 (Community Hall): Yeah, question to staff.
285
00:38:17.900 --> 00:38:21.909
Speaker 5 (Community Hall): Is now the time to invite the…
286
00:38:22.270 --> 00:38:26.049
Speaker 5 (Community Hall): Retail neighbor, if they're available, to
speak.
287
00:38:26.360 --> 00:38:28.620
Speaker 5 (Community Hall): Or would we have to wait for oral comments?
288
00:38:29.100 --> 00:38:30.890
Speaker 5 (Community Hall): I don't know if they're available, though.
289
00:38:31.330 --> 00:38:36.250
Speaker 5 (Community Hall): Do we see the… Maybe a question for staff
first?
290
00:38:40.570 --> 00:38:41.090
Community Hall: Bye.
291
00:38:42.300 --> 00:38:45.960
Speaker 5 (Community Hall): Can someone confirm if they are on the call,
and if they are, are they allowed to speak now?
292
00:38:46.280 --> 00:38:47.130
Speaker 5 (Community Hall): Looks like it's.
293
00:38:47.135 --> 00:38:51.865
Speaker 6 (Community Hall): gone to me. I don't know if they're here,
because I haven't seen them,
294
00:38:52.505 --> 00:38:58.294
Speaker 6 (Community Hall): I think if you wanted to allow them to speak
either at this time or under oral communications, either would be fine.
295
00:38:58.295 --> 00:39:01.295
Speaker 5 (Community Hall): staff on Zoom and able to check Zoom
attendees?
296
00:39:01.295 --> 00:39:18.835
Speaker 8 (Community Hall): excuse me, I think I'm going to recommend to
have them speak their oral comment, just public comment, just like, you
know, all the other parties who have interest in the party in this
project will be able to do so. There may be other neighbors who have
comments, and I think we should provide them the courtesy to have just
one set of,
297
00:39:18.845 --> 00:39:21.574
Speaker 8 (Community Hall): Of, of a process for them to follow.
298
00:39:21.605 --> 00:39:22.535
Speaker 8 (Community Hall): It may be.
299
00:39:23.005 --> 00:39:24.534
Speaker 8 (Community Hall): More straightforward that way.
300
00:39:25.990 --> 00:39:26.670
Speaker 5 (Community Hall): Okay.
301
00:39:27.470 --> 00:39:35.170
Speaker 5 (Community Hall): Follow-up question, so… What is the mullen
density for this project, and does the project qualify?
302
00:39:35.880 --> 00:39:45.429
Speaker 6 (Community Hall): Mullen density throughout Cupertino is 30, so
for AB130, you have to be half the mullen density of 15 units per acre,
so they are over that.
303
00:39:46.050 --> 00:39:50.969
Speaker 5 (Community Hall): And what is the basis for that 30… Can you
explain?
304
00:39:52.120 --> 00:40:03.029
Speaker 6 (Community Hall): Mullen density varies throughout the state,
and it's based on if you're in an urbanized area, your density is
generally 30. I know there can be variations on this.
305
00:40:03.120 --> 00:40:21.940
Speaker 6 (Community Hall): And as far as AB130, the significance that's
tied to that is in order to qualify, you have to be at least 50% of the
mullen density, so it's aimed at multifamily projects. Lower density
projects would not be able to take advantage of AB130, because they
typically don't meet the half of the mullen density.
306
00:40:23.760 --> 00:40:28.309
Speaker 5 (Community Hall): And on the density bonus waivers and
incentives.
307
00:40:29.740 --> 00:40:34.120
Speaker 5 (Community Hall): Procedurally, how would staff make a
determination
308
00:40:34.710 --> 00:40:41.049
Speaker 5 (Community Hall): to write up that there is a specific adverse
impact. For example, the loss of retail, maybe. I'll just pick on one.
309
00:40:41.270 --> 00:40:47.660
Speaker 5 (Community Hall): Is there a way that staff would make a
determination to decide to write up a specific adverse impact on
310
00:40:48.160 --> 00:40:50.879
Speaker 5 (Community Hall): the health of the public for having lost
Voyager.
311
00:40:51.500 --> 00:40:53.140
Speaker 5 (Community Hall): I'll just take that as an example.
312
00:40:54.700 --> 00:41:08.549
Speaker 7 (Community Hall): So, the significant and adverse impacts are
towards maintaining a historic structure or public health and safety. I
don't know that the loss of retail would meet any of those criteria.
313
00:41:08.815 --> 00:41:16.855
Speaker 6 (Community Hall): CEQA has never contemplated economic impacts
or even social impacts. It was purely focused on
314
00:41:17.075 --> 00:41:19.815
Speaker 6 (Community Hall): Physical impacts to the environment.
315
00:41:19.815 --> 00:41:26.804
Speaker 5 (Community Hall): But specifically, I'm asking about public
health in the context of loss of something as dearly loud as white hair,
for example.
316
00:41:28.150 --> 00:41:44.580
Speaker 6 (Community Hall): That would be an interesting nexus to make.
I've never seen anything on that, that the loss of retail is actually an
impact to public health. I think loss of retail is a real impact to
cities, but not necessarily an environmental one.
317
00:41:45.560 --> 00:41:47.749
Speaker 5 (Community Hall): But is there a process by which…
318
00:41:48.450 --> 00:41:55.589
Speaker 5 (Community Hall): Commission may direct staff to look into the
possibility of such a… Potential written investigation.
319
00:41:57.570 --> 00:42:02.510
Speaker 5 (Community Hall): I assume with AB130, you have no lead time
to… Follow such direction.
320
00:42:03.050 --> 00:42:13.210
Speaker 6 (Community Hall): under AB130, and this project in particular,
we are pretty much at the limit, which is why we're actually scheduling a
shorter-than-usual
321
00:42:13.450 --> 00:42:16.719
Speaker 6 (Community Hall): hearing time before the City Council on April
7th.
322
00:42:17.340 --> 00:42:23.250
Speaker 5 (Community Hall): And so the assumption here is that council or
commissions Shall not have…
323
00:42:23.770 --> 00:42:31.730
Speaker 5 (Community Hall): the ability to direct staff on this matter.
This would be staff's discretion to sort of independently assess, in
their professional opinion, if
324
00:42:32.230 --> 00:42:38.159
Speaker 5 (Community Hall): a health or safety issue is warranted, and
therefore, you would write something up. Is that fair?
325
00:42:39.110 --> 00:42:54.230
Speaker 6 (Community Hall): with all CEQA clearances, if there was a
genuine health and safety issue, that's something we would be looked at,
and if one existed, you wouldn't be using an exemption, typically. You'd
be doing a higher level CEQA document for something where there was a
definite health and safety issue.
326
00:42:55.970 --> 00:43:01.490
Speaker 5 (Community Hall): And is the burden of proof solely on the city
for this aspect, or is that also…
327
00:43:01.680 --> 00:43:05.499
Speaker 5 (Community Hall): Any burden of proof on the applicant to prove
that they actually needed this.
328
00:43:06.880 --> 00:43:09.990
Speaker 7 (Community Hall): I believe it's on the city. Yeah, it's not on
the applicant.
329
00:43:10.390 --> 00:43:18.409
Speaker 5 (Community Hall): Is the applicant required to show that this
is a… this is required to make the project feasible financially, or that
it produces cost savings, or…
330
00:43:20.100 --> 00:43:26.299
Speaker 6 (Community Hall): I think in a general sense, and now I think
we've kind of segued from maybe 130 to density bonus.
331
00:43:26.820 --> 00:43:33.470
Speaker 6 (Community Hall): The burden lies with the city if you're
challenging, to be able to make specific findings that
332
00:43:33.980 --> 00:43:45.949
Speaker 6 (Community Hall): if you're going after, economic feasibility,
to be able to point out that the waiver or concession being asked for is
not necessary. The burden is with the city.
333
00:43:46.525 --> 00:43:57.195
Speaker 5 (Community Hall): Understood, but along with the request for
the waivers and incentives, are they required to provide written evidence
of why, without that waiver or incentive, the project would be
infeasible?
334
00:43:59.990 --> 00:44:04.809
Speaker 6 (Community Hall): I guess to what degree of specificity? The
applicants do state why
335
00:44:05.070 --> 00:44:12.469
Speaker 6 (Community Hall): they need a certain waiver and how it would
impact their project, I think, such as some of the diagrams presented
show. Loss of units.
336
00:44:12.580 --> 00:44:18.829
Speaker 6 (Community Hall): Which is a typical… it would be something
physically… Altering the project.
337
00:44:19.050 --> 00:44:26.279
Speaker 6 (Community Hall): Cities are not in a position to kind of
redesign a project and say, our design actually meets your goals.
338
00:44:26.390 --> 00:44:29.889
Speaker 6 (Community Hall): You're looking at the project as design.
Density bonus…
339
00:44:30.410 --> 00:44:34.329
Speaker 6 (Community Hall): Puts that in the applicant's court to propose
their project.
340
00:44:34.790 --> 00:44:40.390
Speaker 6 (Community Hall): And we can't sort of presuppose that an
equivalent design would meet those same standards.
341
00:44:40.565 --> 00:44:44.574
Speaker 5 (Community Hall): Is there a particular item out of the waiver
list that we might
342
00:44:44.945 --> 00:44:47.414
Speaker 5 (Community Hall): You know, call out, for example, the 50 feet
height.
343
00:44:48.255 --> 00:44:51.974
Speaker 5 (Community Hall): Would we… if the applicant asked for 100 feet
height, would we allow that?
344
00:44:52.770 --> 00:44:55.360
Speaker 6 (Community Hall): They're only asking for 50 tonight. I know.
345
00:44:55.665 --> 00:44:59.234
Speaker 5 (Community Hall): You know, they might come back for the next
project with 100, would we allow that?
346
00:44:59.555 --> 00:45:01.705
Speaker 5 (Community Hall): It would depend on the circumstances.
347
00:45:03.930 --> 00:45:10.119
Speaker 6 (Community Hall): Depend on what the zoning is, depend on the
circumstances, depend on the nature of the project. So, there is no…
348
00:45:10.710 --> 00:45:12.700
Speaker 5 (Community Hall): Control the city has on…
349
00:45:13.090 --> 00:45:19.580
Speaker 5 (Community Hall): Because we, on a prior project, were debating
30 feet versus 40 feet, and here we are at 50 feet.
350
00:45:19.870 --> 00:45:21.460
Speaker 5 (Community Hall): For,
351
00:45:21.840 --> 00:45:26.950
Speaker 5 (Community Hall): purpose of comparison, what is the height on
the Westport Senior Living? I think that is the tallest we have.
352
00:45:27.950 --> 00:45:32.410
Speaker 6 (Community Hall): 70 feet? 72, something like that, it was just
over 70.
353
00:45:32.530 --> 00:45:36.189
Speaker 6 (Community Hall): For this project, though, the heart of the
City allowed up 45.
354
00:45:36.660 --> 00:45:41.639
Speaker 6 (Community Hall): So, some of the buildings are under that. A
few are over, the tallest is 5 feet over.
355
00:45:42.075 --> 00:45:46.014
Speaker 5 (Community Hall): And that height limit assumes commercial
zoning, or…
356
00:45:46.235 --> 00:45:48.445
Speaker 5 (Community Hall): Mixed deuce. Mixed deuce, okay.
357
00:45:50.285 --> 00:45:52.375
Speaker 5 (Community Hall): Okay, I'll pause here, no further questions.
358
00:45:52.690 --> 00:46:07.000
Speaker 3 (Community Hall): I did have some questions for the applicant.
First, I noticed in the plan set that the townhomes are HOA, but the
single-family homes are not HOA, so I was curious… well, that… did I read
that correctly? Or is everything under the HOA?
359
00:46:07.490 --> 00:46:14.609
Speaker 3 (Community Hall): Okay, alright, then, we'll move on. I was
also curious, could you confirm the number of guest parking spots?
360
00:46:15.040 --> 00:46:17.130
Speaker 3 (Community Hall): I believe that number's 28.
361
00:46:17.590 --> 00:46:28.460
Speaker 3 (Community Hall): Would you be able to show that on the
diagram? Because I was counting fewer than 28, but I'm wondering if maybe
they were not all on the diagram, or I was just missing some?
362
00:46:28.995 --> 00:46:32.055
Speaker 10 (Community Hall): The easiest way to do that would be to pull
up the…
363
00:46:32.995 --> 00:46:35.585
Speaker 10 (Community Hall): Architecture plans? How easy is that for
you?
364
00:46:37.385 --> 00:46:40.795
Speaker 10 (Community Hall): A0… no.
365
00:46:41.225 --> 00:46:42.864
Speaker 10 (Community Hall): Then on… I don't have the individual.
366
00:46:42.865 --> 00:46:46.485
Speaker 7 (Community Hall): sheets available, I can only bring up the
site plan in your presentation.
367
00:46:46.490 --> 00:46:54.410
Speaker 10 (Community Hall): This'll work. Actually, if you can go… it's
even easier. If you go to slide 8, the project introduction opportunity
slide.
368
00:46:55.510 --> 00:47:02.550
Speaker 10 (Community Hall): So you can see here the, the dark rectangles
that follow the streets.
369
00:47:03.320 --> 00:47:11.590
Speaker 10 (Community Hall): Those are a graphical representation of the
stalls there. There is one… there are a couple other stalls that are
head-in.
370
00:47:11.750 --> 00:47:17.110
Speaker 10 (Community Hall): That are by the public park. There's, kind
of… sorry, the… where the public pros…
371
00:47:17.320 --> 00:47:23.720
Speaker 10 (Community Hall): public art is. There's two there, and then
there's one tucked away Next to Townhome.
372
00:47:25.120 --> 00:47:31.050
Speaker 3 (Community Hall): 3, which is… Okay, thank you. I had missed
the ones next to the public art, so that's where the 3 came from. Thank
you.
373
00:47:31.380 --> 00:47:48.919
Speaker 3 (Community Hall): And then I also wanted to confirm on L10,
there is a discussion, or there's a page around landscaping around the
fire ladder pads, since this project is somewhat reliant on the fire
ladders. So, would… would there be empty areas where there's no
landscaping to allow for those? Yes.
374
00:47:48.920 --> 00:47:57.510
Speaker 10 (Community Hall): Yeah, so per code, the fire ladder pad would
be devoid of landscaping, and there would be a pathway from the sidewalk
to that. That is also…
375
00:47:57.870 --> 00:48:06.770
Speaker 3 (Community Hall): Okay, thank you. Would you be able to speak
to the retail sport specifically that you're providing to the Panera and
Voyager? I think there's a lot of community interest in that.
376
00:48:09.340 --> 00:48:26.219
Speaker 3 (Community Hall): Can you, repeat the question? Oh, yes, would
you be able to speak, in more detail about the support that you're
providing to the Panera and Voyager to help them relocate somewhere
within Cupertino? Sure. Honestly, the conversation with Panera hasn't
even occurred yet. With the ownership.
377
00:48:26.220 --> 00:48:43.389
Speaker 14 (Community Hall): you know, we've been on percentage rent
since COVID, and they had originally indicated that they weren't able to
pay full rent at the property, so we're planning to have that
conversation once we know that this is ultimately approved. With Voyager,
we reached out, and we have connected with them.
378
00:48:43.390 --> 00:48:49.660
Speaker 14 (Community Hall): You know, when we first, signed this lease,
it was contemplated that we might redevelop this property at some point.
379
00:48:49.660 --> 00:48:57.530
Speaker 14 (Community Hall): Just knowing the age of the property. And
so, in the lease, there is actually termination language if a
redevelopment would occur.
380
00:48:57.530 --> 00:49:21.380
Speaker 14 (Community Hall): And we would be paying the amortized costs
associated with their tenant improvements. With that being said, knowing
how important Voyager is to the community, we haven't settled on a number
or anything, but we've offered to assist them in additional relocation
costs. And, you know, we were talking outside earlier, and I said, you
know, ahead of going to City Council, happy to be explicit about what
that is, so that, you know, we've got
381
00:49:21.380 --> 00:49:23.329
Speaker 14 (Community Hall): A definitive agreement stating that.
382
00:49:24.050 --> 00:49:31.939
Speaker 3 (Community Hall): Great, thank you. And to confirm, you… the
relocation costs would go towards a new location in Cupertino,
hypothetically?
383
00:49:31.940 --> 00:49:37.909
Speaker 14 (Community Hall): up to Voyager, but yes, they would go
towards the build-out of a new location. Okay. That's correct.
384
00:49:37.915 --> 00:49:54.275
Speaker 3 (Community Hall): Thank you. And then my final question, then
I'll turn it back to the Commission, was just, I did notice that the one
unit, unit number one, actually, that's adjacent to a single-family home,
has no landscaping on it, and… or not landscaping, but there's no,
385
00:49:54.585 --> 00:49:57.124
Speaker 3 (Community Hall): Like, tree or privacy hedge.
386
00:49:57.245 --> 00:50:05.514
Speaker 3 (Community Hall): blocking Unit 1 from the single-family
residential, and I was wondering if there's a way to include a little bit
more landscaping.
387
00:50:05.715 --> 00:50:06.495
Speaker 3 (Community Hall): Alright.
388
00:50:06.500 --> 00:50:12.360
Speaker 7 (Community Hall): If I may, they are retaining two existing
trees. Two trees, yes, in that northwest corner.
389
00:50:12.490 --> 00:50:14.039
Speaker 7 (Community Hall): Right, but there's nothing between.
390
00:50:14.040 --> 00:50:16.959
Speaker 3 (Community Hall): the unit, the building, yes.
391
00:50:17.710 --> 00:50:28.399
Speaker 10 (Community Hall): I think that's where we, did include a new
privacy hedge that is going to be in between the, you know, right next to
the fence, between the fence and our unit.
392
00:50:29.010 --> 00:50:34.719
Speaker 3 (Community Hall): Okay, and how tall would that hedge be? Would
it be above the fence at all, or… I think that would be the goal. Okay.
393
00:50:35.280 --> 00:50:35.910
Speaker 10 (Community Hall): Yeah.
394
00:50:36.760 --> 00:50:37.500
Speaker 10 (Community Hall): Okay.
395
00:50:37.930 --> 00:50:39.310
Community Hall: Great, thank you.
396
00:50:39.460 --> 00:50:40.359
Community Hall: Vice Chair.
397
00:50:41.880 --> 00:50:47.259
Speaker 12 (Community Hall): So, since one of the waivers is to under-
park the project, I'm wondering
398
00:50:47.380 --> 00:50:52.310
Speaker 12 (Community Hall): Are the guest spaces going to be strictly
limited to guests only?
399
00:50:52.430 --> 00:50:56.670
Speaker 12 (Community Hall): So residents can't use them for extra
vehicles?
400
00:50:57.890 --> 00:51:05.019
Speaker 10 (Community Hall): So that would be under the choice of the HOA
as to how they want to use it, but the intent is that those are 28 stalls
that are to be used for guests.
401
00:51:05.565 --> 00:51:11.285
Speaker 12 (Community Hall): Okay, and then this is to staff more.
Because of the under-parking.
402
00:51:11.735 --> 00:51:19.195
Speaker 12 (Community Hall): what would be required to have permit
parking on Alves Drive, and the time-limited parking on Sayich Way.
403
00:51:19.415 --> 00:51:24.814
Speaker 12 (Community Hall): To prevent those streets from being used as
parking lots for this project.
404
00:51:26.260 --> 00:51:40.150
Speaker 6 (Community Hall): Yeah, to answer that, I'd have to talk to our
Transportation Division about what would be involved getting the permit
parking along those streets. First, it would be involved talking to the
people who live along those streets and their interest in the permit
parking.
405
00:51:40.470 --> 00:51:43.239
Speaker 6 (Community Hall): But that would be a question for our
transportation.
406
00:51:43.245 --> 00:51:46.895
Speaker 12 (Community Hall): I guess that's for Alves. I'm thinking of,
you know, Sayich, where…
407
00:51:47.355 --> 00:51:53.695
Speaker 12 (Community Hall): some of that street parking is needed for
retail, I would hate to see that just being used for
408
00:51:53.955 --> 00:51:58.665
Speaker 12 (Community Hall): overflow parking from this project, so it's…
but it's also the transportation.
409
00:51:59.085 --> 00:52:01.245
Speaker 12 (Community Hall): Division that would look at that?
410
00:52:01.245 --> 00:52:05.395
Speaker 6 (Community Hall): street parking is, yeah, that would all be
through Public Works and Transportation. Okay, thank you.
411
00:52:07.610 --> 00:52:09.250
Speaker 3 (Community Hall): Any other questions from the Commission?
412
00:52:09.940 --> 00:52:10.950
Speaker 5 (Community Hall): Sure. Yes.
413
00:52:11.280 --> 00:52:15.740
Speaker 5 (Community Hall): So, there is a table about tree removal and
trees required.
414
00:52:16.220 --> 00:52:23.349
Speaker 5 (Community Hall): Usually, that table also includes trees
proposed, or trees that will be provided, is that right? I don't see that
column.
415
00:52:25.690 --> 00:52:34.169
Speaker 5 (Community Hall): I'm trying to understand the purpose of this
table. It says number of trees proposed for removal, replacement trees
required, but it's missing the key
416
00:52:34.450 --> 00:52:37.179
Speaker 5 (Community Hall): Data on how many replacement trees are
proposed.
417
00:52:38.810 --> 00:52:41.949
Speaker 6 (Community Hall): I believe the text says 151. Yes, right.
418
00:52:41.955 --> 00:52:45.135
Speaker 5 (Community Hall): Understood, but is there a reason the table
doesn't show that?
419
00:52:47.395 --> 00:52:55.564
Speaker 5 (Community Hall): So, how many trees… I guess we have 134
trees, That need to be replaced.
420
00:52:56.465 --> 00:53:02.704
Speaker 5 (Community Hall): That are 12 inches or less, and then 74… That
are 24-inch.
421
00:53:03.475 --> 00:53:05.694
Speaker 5 (Community Hall): And 37 out of 36 inch.
422
00:53:08.065 --> 00:53:12.674
Speaker 5 (Community Hall): What is the equivalent for each of those that
are accurately provide… are proposed?
423
00:53:13.730 --> 00:53:31.329
Speaker 7 (Community Hall): So, because of the limitations of the site,
they are only proposing the 151. That's going to be split up between
those sizes, and then the remainder's with the payment of an in-lieu fee.
So this just was determined not to be physically possible to do a one-
for-one replacement planting.
424
00:53:33.240 --> 00:53:37.829
Speaker 5 (Community Hall): And what measures does staff have to try and
increase, or…
425
00:53:38.140 --> 00:53:41.589
Speaker 5 (Community Hall): Minimize the amount of loss of trees, if
anything.
426
00:53:42.030 --> 00:53:53.780
Speaker 5 (Community Hall): Is this a… is this a waiver that they choose
to just pay the fee and we have to accept it, or do we have any
discretion to deny accepting that fee and require some larger number of
trees?
427
00:53:54.960 --> 00:54:06.460
Speaker 6 (Community Hall): I think we like to save on-site trees, but
where you're having a complete redevelopment of a site, that's where
you're gonna lose trees, unless there's some workaround, where you
actually have a tree, say.
428
00:54:06.800 --> 00:54:15.809
Speaker 6 (Community Hall): In a path of a drive aisle or an area that's
remaining open space. But generally, this is typical where you have a
commercial center that has a lot of surface parking.
429
00:54:16.080 --> 00:54:24.039
Speaker 6 (Community Hall): and you're now having a more dense project go
in, there's just fewer spaces to accommodate the trees. Or, I think even
larger trees
430
00:54:24.330 --> 00:54:28.170
Speaker 6 (Community Hall): At maturity, you have limited areas where you
can plant those.
431
00:54:29.080 --> 00:54:34.680
Speaker 5 (Community Hall): And the 18 off-site trees, are we preserving?
I'm not sure I understand this, so…
432
00:54:35.160 --> 00:54:37.730
Speaker 5 (Community Hall): How many of these off-site trees are being
preserved?
433
00:54:37.840 --> 00:54:40.360
Speaker 5 (Community Hall): And the applicant can feel free to answer.
434
00:54:40.365 --> 00:54:45.674
Speaker 7 (Community Hall): preserving, the 12, I believe, on the
adjacent properties, and then 6 along the street.
435
00:54:46.520 --> 00:54:49.280
Speaker 5 (Community Hall): So all 18 off-site trees will be preserved?
Yes.
436
00:54:52.010 --> 00:54:57.859
Speaker 5 (Community Hall): And to the applicant, is there anything you
might consider in terms of the 251 trees that
437
00:54:58.280 --> 00:55:01.280
Speaker 5 (Community Hall): Or on-site are the trees that could have been
saved.
438
00:55:01.450 --> 00:55:06.060
Speaker 5 (Community Hall): That may be alternatives. I don't know if you
have your landscape architect here who can speak to this.
439
00:55:08.860 --> 00:55:16.689
Speaker 5 (Community Hall): Can you repeat the question? Does the
landscape architect have any potential options to save any of these trees
that we're losing?
440
00:55:17.960 --> 00:55:26.100
Speaker 13 (Community Hall): given the current development, not really.
There's some trees that are maybe on the borderline, and it's like, it's
possible a tree could be saved.
441
00:55:27.640 --> 00:55:44.049
Speaker 13 (Community Hall): But as with the development, you know,
excavation for foundations, things like that, tree may or may not
survive, or it may be in declining health, and, you know, die 5, 10 years
down the road. So there's additional complications with that, where
potentially, yeah, you might be able to.
442
00:55:44.300 --> 00:55:50.710
Speaker 13 (Community Hall): But the long-term health of the tree would
likely be heavily impacted, given the density of the site.
443
00:55:50.710 --> 00:55:57.160
Speaker 5 (Community Hall): And so, of those potential ones that you
might be able to, are there replacement trees that we might…
444
00:55:57.430 --> 00:56:00.440
Speaker 5 (Community Hall): Consider in their place, or are we entirely
losing the tree there?
445
00:56:01.450 --> 00:56:19.800
Speaker 13 (Community Hall): Only for the potential ones. This particular
example, it was mostly just the off-site trees, and there was some, a
handful of trees on both Alves and Stevens Creek that we were able to
save, because the development was sufficiently far away where it was…
we're very confident that the tree would survive, and still be fine, you
know, into the future. Right.
446
00:56:19.805 --> 00:56:28.534
Speaker 5 (Community Hall): But of the on-site trees, are there any trees
that we might, at least from a location perspective, be able to
accommodate additional trees? I would say no.
447
00:56:30.055 --> 00:56:32.315
Speaker 5 (Community Hall): Kevin, would you have anything to add?
448
00:56:33.630 --> 00:56:35.650
Speaker 10 (Community Hall): No, I would defer to our architect on this.
449
00:56:36.260 --> 00:56:38.109
Speaker 14 (Community Hall): Okay. And I'll just say, you know, it comes
down.
450
00:56:38.115 --> 00:56:41.295
Speaker 5 (Community Hall): If you might speak into the mic, please.
451
00:56:41.300 --> 00:56:57.629
Speaker 14 (Community Hall): At the end of the day, it comes down to
housing density, and whether houses… more houses are worth, you know, the
trees. And so we had that conversation, and there was, you know,
conversation about trying to push housing density, and in order to save
any of the on-site trees, you would have to eliminate housing.
452
00:56:58.910 --> 00:57:04.780
Speaker 5 (Community Hall): And maybe a question for staff and the
applicant. Is there a way to increase the number of off-site trees?
453
00:57:06.130 --> 00:57:12.699
Speaker 5 (Community Hall): on Stevens Creek and Al's, I know we were
talking about preserving what exists, but can we add more trees off-site?
454
00:57:14.130 --> 00:57:16.779
Speaker 5 (Community Hall): I don't know who can take that question,
maybe the applicant might.
455
00:57:17.910 --> 00:57:27.910
Speaker 10 (Community Hall): We are adding additional trees on Stevens
Creek Boulevard, so we're… there's 6 that we're preserving, and then
there's 4 additional ones that are coming, on Stevens Creek Boulevard
that we are adding.
456
00:57:28.860 --> 00:57:36.959
Speaker 5 (Community Hall): And is that a staff recommendation? Is that
the applicant's recommendation? Is there room for more trees off-site?
457
00:57:37.630 --> 00:57:52.020
Speaker 6 (Community Hall): It generally comes from Public Works, who
reviews the application and handles the street trees. So we would try to
retain what we can and try to add where it's appropriate, so that's a
condition from Public Works review.
458
00:57:53.980 --> 00:57:59.880
Speaker 5 (Community Hall): Could we condition something to recommend
the… Exploration of additional off-site trees?
459
00:58:00.970 --> 00:58:07.909
Speaker 6 (Community Hall): I think that could be part of your
recommendation, if you want to include that, along the, say, this portion
of Stevens Creek.
460
00:58:08.660 --> 00:58:13.769
Speaker 6 (Community Hall): Since you… you have 249 trees total, you have
151 going in.
461
00:58:13.910 --> 00:58:23.610
Speaker 6 (Community Hall): I think this is going to be a pretty common
situation where you have a lot of building. Between the building and
roadway area, you're… you're limited. I mean, to… to get… you're not
going to get back to the number you had.
462
00:58:24.140 --> 00:58:40.129
Speaker 6 (Community Hall): So, if that were a discussion to try to say,
can the city find the replacement trees in the vicinity of this project,
since you're paying a fee for the difference between what you're not
replanting, I think that would be a fair recommendation, to try to keep
them in the vicinity of this project.
463
00:58:40.930 --> 00:58:45.809
Speaker 5 (Community Hall): And can staff or the applicant comment on the
spacing between the off-site trees currently?
464
00:58:53.640 --> 00:58:56.169
Speaker 13 (Community Hall): I'll give you a nominal number.
465
00:59:02.990 --> 00:59:07.259
Speaker 13 (Community Hall): So, existing… on Stevens Creek.
466
00:59:07.800 --> 00:59:12.520
Speaker 13 (Community Hall): The trees are… Say, 20 to 30 feet on center?
467
00:59:13.595 --> 00:59:14.474
Speaker 5 (Community Hall): Can you say that again?
468
00:59:15.035 --> 00:59:19.225
Speaker 13 (Community Hall): street trees on Stevens Creek are about 20
to 30 feet on center.
469
00:59:19.810 --> 00:59:21.629
Speaker 5 (Community Hall): On center. Spacing.
470
00:59:22.270 --> 00:59:26.630
Speaker 5 (Community Hall): Okay, so about 20 to 30 feet between these
trees? Correct.
471
00:59:27.070 --> 00:59:29.790
Speaker 5 (Community Hall): Does that love for more tree additions, or…
472
00:59:30.690 --> 00:59:42.339
Speaker 13 (Community Hall): Technically, yeah, but at a streetscape, 20
to 30 feet is a pretty common spacing. If you go tighter than that, yes,
you can, but then you start to get a pretty dense canopy.
473
00:59:43.810 --> 00:59:47.770
Speaker 13 (Community Hall): And there's obviously more root competition,
there's other… other complications of it as well.
474
00:59:48.630 --> 00:59:50.150
Speaker 5 (Community Hall): Okay, no more questions.
475
00:59:51.260 --> 00:59:59.370
Speaker 9 (Community Hall): So, I… I have a follow-up question again on
the trees. So, I see there's 9 trees that are over 36 inches in diameter
that are going to be removed.
476
00:59:59.490 --> 01:00:12.710
Speaker 9 (Community Hall): Those are pretty significant sizes, and
there's, I think, 69 that are between 18 and 36 inches, so also pretty
big trees. And maybe this is a question for staff, I don't know, but
477
01:00:12.750 --> 01:00:19.729
Speaker 9 (Community Hall): is it possible to relocate some of these
trees to somewhere else in the city? Or are we just, you know.
478
01:00:20.110 --> 01:00:23.030
Speaker 9 (Community Hall): Limited in terms of what we can do with these
trees.
479
01:00:24.120 --> 01:00:35.970
Speaker 13 (Community Hall): I mean, without speaking to a specific tree,
a tree that large, would be pretty challenging to relocate. It would also
be… it's species dependent. There's a lot of different factors that you
would take into account.
480
01:00:37.120 --> 01:00:45.030
Speaker 13 (Community Hall): I would say, in general, it would be pretty
challenging to relocate a tree that large, you know, in your 24 to 36
inch diameter.
481
01:00:46.920 --> 01:00:54.379
Speaker 13 (Community Hall): And the other kicker to that being, even if
it is, say, a tree with high suitability to be relocated, there's still
482
01:00:54.630 --> 01:00:59.409
Speaker 13 (Community Hall): A decent chance that wherever that tree gets
located, even with the best,
483
01:00:59.660 --> 01:01:04.279
Speaker 13 (Community Hall): Installation, all that, is there's a high
chance the tree could snow die.
484
01:01:06.650 --> 01:01:07.490
Speaker 5 (Community Hall): Commissioner Rao?
485
01:01:07.620 --> 01:01:12.779
Speaker 5 (Community Hall): Question for staff. So, for the… Single
family…
486
01:01:12.980 --> 01:01:15.720
Speaker 5 (Community Hall): What is… what is single-family versus
townhome?
487
01:01:16.470 --> 01:01:22.970
Speaker 5 (Community Hall): Is that still considered R3, or is that… is
the single-family portion treated differently than R3?
488
01:01:23.730 --> 01:01:30.560
Speaker 6 (Community Hall): The zoning for this site is P zoning, so it's
PCG Res. This isn't R3 zoning.
489
01:01:30.930 --> 01:01:35.359
Speaker 5 (Community Hall): Okay, but in terms of the standards, we'd
apply for single-family versus townhome?
490
01:01:36.890 --> 01:01:41.030
Speaker 5 (Community Hall): Are there differences in what height would be
allowed for single-family versus townhome?
491
01:01:42.760 --> 01:01:51.040
Speaker 6 (Community Hall): I forget offhand, I think townhome is 30, 35
feet in the R3TH. Single family's typically 28.
492
01:01:51.570 --> 01:02:04.369
Speaker 6 (Community Hall): I think, obviously, this is a sort of a
different typology for single-family. It looks, in a lot of ways, similar
and compatible with the townhome development. It's a lot more vertical,
you just don't share common walls.
493
01:02:04.750 --> 01:02:07.670
Speaker 6 (Community Hall): But the spacing is much tighter,
494
01:02:08.050 --> 01:02:17.309
Speaker 6 (Community Hall): You know, I think it's, in many ways, the
layout, but for the adjoining walls, it's very similar to a townhome type
of product.
495
01:02:19.290 --> 01:02:24.529
Speaker 5 (Community Hall): Is there technically a difference between a
single family, in this case, and a detached townhome?
496
01:02:25.790 --> 01:02:26.779
Speaker 6 (Community Hall): There is such a thing.
497
01:02:26.940 --> 01:02:31.550
Speaker 6 (Community Hall): I don't think there's a term for a detached
townhome. It's probably a term you could…
498
01:02:31.700 --> 01:02:35.810
Speaker 6 (Community Hall): Use that if you chose, but there's nothing
defined that uses that language.
499
01:02:36.850 --> 01:02:41.170
Speaker 5 (Community Hall): Separate question on the setbacks. The
setback on Stevens Creek.
500
01:02:42.860 --> 01:02:50.240
Speaker 5 (Community Hall): Did staff pursue any ways to maintain
additional setback on the Stevens Creek side? I can understand the site
setbacks.
501
01:02:50.530 --> 01:02:54.539
Speaker 5 (Community Hall): Given the commercial neighbors on the western
side.
502
01:02:55.100 --> 01:03:02.720
Speaker 5 (Community Hall): And the fence on the eastern side with the
driveway, there may be less of an impact from the side setback issue, but
the front setback.
503
01:03:02.930 --> 01:03:05.699
Speaker 5 (Community Hall): Is that something that staff considered,
whether they could…
504
01:03:06.080 --> 01:03:08.580
Speaker 5 (Community Hall): get additional setback on the Stevens Creek
side?
505
01:03:09.640 --> 01:03:22.269
Speaker 6 (Community Hall): You know, I think the way the site's laid out
with the roads and the configuration, it would be difficult, and I think
it's just an exception of 3 feet… Yeah. Stevens Creek, so it's not a big
deviation from what's required.
506
01:03:22.950 --> 01:03:27.520
Speaker 5 (Community Hall): I guess we could say the same the other way
around, say, why not give us back that 3 feet of setback?
507
01:03:28.880 --> 01:03:31.820
Speaker 5 (Community Hall): Maybe a question for the applicant. Would you
consider…
508
01:03:32.600 --> 01:03:37.360
Speaker 5 (Community Hall): the additional 3 feet setback on Stevens
Creek. It is an El Camino, after all.
509
01:03:41.990 --> 01:03:58.480
Speaker 14 (Community Hall): Yeah, I can speak to this as well, and we
can bring up the architect, but the challenge is with the spacing and the
required setbacks in between the units, it's… I think it's impossible to,
you know, to provide that additional setback without losing units or
changing the unit typology.
510
01:03:59.980 --> 01:04:08.629
Speaker 5 (Community Hall): So you don't have… additional… design options
that would give us more setback on Stevens Creek?
511
01:04:10.570 --> 01:04:11.660
Speaker 14 (Community Hall): I don't believe so.
512
01:04:13.630 --> 01:04:17.140
Speaker 5 (Community Hall): And there's no capability for staff to deny
that waiver.
513
01:04:17.910 --> 01:04:27.039
Speaker 7 (Community Hall): it would be the same significant and negative
impacts to the historic public health and safety. So those would be the
same findings in order to deny the waiver.
514
01:04:27.720 --> 01:04:28.880
Speaker 7 (Community Hall): Okay, thank you.
515
01:04:30.480 --> 01:04:32.559
Speaker 3 (Community Hall): Thank you. Any other questions, Commissioner
Linskog?
516
01:04:32.560 --> 01:04:47.429
Speaker 9 (Community Hall): Yeah, sorry, one more. This is to the staff.
So, in addition to what the developer is proposing, in terms of
potentially, you know, some financial incentive to the retail to help
them relocate.
517
01:04:47.430 --> 01:04:56.550
Speaker 9 (Community Hall): Is there anything that the… that we can
recommend as Planning Commission in terms of the Economic Development
Manager or the City offering
518
01:04:56.710 --> 01:05:11.159
Speaker 9 (Community Hall): You know, rebate in permitting fees, or, you
know, like, some sort of economic incentives that the city can offer to
these retailers to help them resettle and encourage them to resettle
somewhere else in the city?
519
01:05:11.520 --> 01:05:16.520
Speaker 6 (Community Hall): I think that would be a good idea. I don't
know what particular incentive, but to convey that
520
01:05:16.860 --> 01:05:23.750
Speaker 6 (Community Hall): the city should be open to offering some kind
of incentive to relocate, presumably within the city. Yeah, that would
make sense.
521
01:05:24.930 --> 01:05:25.770
Speaker 9 (Community Hall): Great, thank you.
522
01:05:27.360 --> 01:05:33.649
Speaker 3 (Community Hall): following on that. Is that something that
would be conveyed within the motion, or separately?
523
01:05:35.020 --> 01:05:37.580
Speaker 6 (Community Hall): I think it could be conveyed in emotion,
unless…
524
01:05:38.320 --> 01:05:40.619
Speaker 6 (Community Hall): I get corrected by the attorney.
525
01:05:40.625 --> 01:05:51.685
Speaker 8 (Community Hall): Yeah, no, I do believe that the city has made
contact with the retail tenants, and that's a function of our economic
development department, and, you know, we can convey to
526
01:05:52.205 --> 01:05:58.814
Speaker 8 (Community Hall): staff here, that when they make their
presentation to Council to have a section on… on these issues.
527
01:05:59.705 --> 01:06:04.885
Speaker 9 (Community Hall): to be specific, I'd like to recommend not
just that the economic development manager talk to them, but that the
city
528
01:06:05.065 --> 01:06:22.645
Speaker 9 (Community Hall): economic, like, staff give concessions in
terms of permitting fees, or, you know, like, employment tax, or whatever
else we can come up with, but, like, look at giving some sort of
financial incentives to the retailers to help them relocate somewhere
else in the city.
529
01:06:22.645 --> 01:06:25.184
Speaker 6 (Community Hall): tangible financial incentive. Right, exactly.
530
01:06:25.190 --> 01:06:26.270
Speaker 9 (Community Hall): Exactly. Thank you.
531
01:06:26.430 --> 01:06:27.400
Speaker 9 (Community Hall): Commissioner Rao?
532
01:06:28.810 --> 01:06:32.280
Speaker 5 (Community Hall): What is the lease expiry for Panetta and
Voyager?
533
01:06:36.440 --> 01:06:44.419
Speaker 14 (Community Hall): June of 2026 for Panera, and Voyager, I
believe per the termination rate, is October of 2028.
534
01:06:45.870 --> 01:06:51.879
Speaker 5 (Community Hall): And if they choose to exercise their right to
stay till the end of lease, how does that…
535
01:06:52.290 --> 01:06:52.970
Speaker 5 (Community Hall): there's no…
536
01:06:52.975 --> 01:06:54.475
Speaker 14 (Community Hall): Ability to do that per the lease.
537
01:06:54.475 --> 01:06:56.715
Speaker 5 (Community Hall): So you have the right to terminate lease.
That's correct.
538
01:06:56.715 --> 01:06:59.325
Speaker 14 (Community Hall): And it was contemplated in the original
lease as well.
539
01:07:01.690 --> 01:07:08.360
Speaker 5 (Community Hall): And have any recent tenant improvements been
made by the tenants in the property, or…
540
01:07:09.280 --> 01:07:20.929
Speaker 14 (Community Hall): The most recent one that I'm aware of, was a
drainage improvement that was made to the exterior, but I'm not… I can't
speak to which improvements have been made to the interior.
541
01:07:21.090 --> 01:07:22.440
Speaker 14 (Community Hall): Okay. Has the app.
542
01:07:22.445 --> 01:07:29.434
Speaker 5 (Community Hall): Applicant pursued trying to relocate the
tenant to the neighboring property that does have a vacant retail.
543
01:07:29.545 --> 01:07:30.635
Speaker 5 (Community Hall): They… they…
544
01:07:30.635 --> 01:07:45.245
Speaker 14 (Community Hall): already leased that corner, space? So the
answer is yes. We talked to the adjacent property. They leased that
corner space to a bank, but they have additional vacancies coming up, and
there are other vacancies along Stevens Creek, and we've offered to
545
01:07:45.845 --> 01:07:52.705
Speaker 14 (Community Hall): make introductions to brokerages as well, to
help them identify additional available space in Cupertino. Okay, thank
you.
546
01:07:54.120 --> 01:08:01.659
Speaker 3 (Community Hall): Great, I think at this point, we have a
number of community members that have been patiently waiting, so let's
move to public… That's right. Oh, I'm sorry, Commissioner Fung?
547
01:08:02.340 --> 01:08:06.559
Speaker 4 (Community Hall): So, I was actually just gonna ask in the, in
the thread about,
548
01:08:06.700 --> 01:08:14.120
Speaker 4 (Community Hall): activities with economic development. Were
there any similar adjustments with some of the other projects which
displaced the…
549
01:08:15.930 --> 01:08:18.540
Speaker 4 (Community Hall): commercial sites, like Staples.
550
01:08:18.979 --> 01:08:22.539
Speaker 6 (Community Hall): Like, in terms of having a condition, or a
recommendation.
551
01:08:22.545 --> 01:08:26.294
Speaker 4 (Community Hall): having a, yeah, a consideration, maybe, is
the… I don't think there was any.
552
01:08:26.444 --> 01:08:35.375
Speaker 6 (Community Hall): particular recommendation in the motion?
Certainly, we've had members of the public speaking to loss of commercial
and retail, but I don't recall anything where we had a
553
01:08:36.435 --> 01:08:41.505
Speaker 6 (Community Hall): a more specific motion to offer some kind of
clear incentive. So there…
554
01:08:41.505 --> 01:08:49.234
Speaker 4 (Community Hall): I mean, this is really a question for
economic development, not for you, whether there were actions like that
for other sites that have,
555
01:08:49.240 --> 01:08:58.740
Speaker 6 (Community Hall): Right, and I do know economic development has
been working with the tenants, so… but I just think the particular clear
financial incentive, I don't remember
556
01:08:59.140 --> 01:09:02.120
Speaker 6 (Community Hall): That type of a specific recommendation.
557
01:09:03.859 --> 01:09:04.499
Speaker 4 (Community Hall): Thank you.
558
01:09:05.560 --> 01:09:11.119
Speaker 3 (Community Hall): Great, so we will move to public comments.
City Clerk? We have two speakers in person.
559
01:09:11.125 --> 01:09:19.014
Speaker 2 (Community Hall): and two hands raised on Zoom. Our first
speaker is Jennifer Griffin, followed by Asyn Demir Leoglu. Welcome,
Jennifer.
560
01:09:20.510 --> 01:09:28.159
Speaker 5 (Community Hall): Through the chat, if we may inform the
public, if they're seated here and wish to speak, they can fill out a
blue comment card and hand it to the clerk.
561
01:09:28.560 --> 01:09:29.990
Speaker 5 (Community Hall): At the front right.
562
01:09:31.529 --> 01:09:45.709
Speaker 1 (Community Hall): Good evening, Planning Commission. This
project looks nice. I think its only problem is that it's one of the
seven SB330s that have whacked Cupertino in the last year.
563
01:09:45.919 --> 01:09:50.799
Speaker 1 (Community Hall): I am really, really concerned about the loss
of retail.
564
01:09:50.819 --> 01:10:02.589
Speaker 1 (Community Hall): With this project, we will have lost 700,000
square feet of retail in Cupertino on Stevens Creek Boulevard in the last
year. That is unprecedented.
565
01:10:02.589 --> 01:10:12.029
Speaker 1 (Community Hall): 15 years ago, I sat through this project,
when Panera and Voyager, and the previous one, I think it was Starbucks,
566
01:10:12.779 --> 01:10:19.409
Speaker 1 (Community Hall): were being… we went through painstakingly
that frontage where Panera is.
567
01:10:20.059 --> 01:10:25.099
Speaker 1 (Community Hall): stall by stall, we went through the parking…
568
01:10:26.439 --> 01:10:35.649
Speaker 1 (Community Hall): access… the buildings on safe are the same
age as Panera and Voyager. Their new retail for Cupertino.
569
01:10:35.809 --> 01:10:48.429
Speaker 1 (Community Hall): I really, really am upset that I wasted… I
obviously wasted my time 15 years ago to try to make this project be as
viable as it is.
570
01:10:48.689 --> 01:10:52.849
Speaker 1 (Community Hall): Time can't be brought back. I lost a brother
10 years ago.
571
01:10:53.009 --> 01:10:59.889
Speaker 1 (Community Hall): to cancer. If I had that time that I sit on…
I spent on city projects.
572
01:11:00.789 --> 01:11:03.529
Speaker 1 (Community Hall): I would love to have spent it with my
brother.
573
01:11:03.819 --> 01:11:06.659
Speaker 1 (Community Hall): But… This is what happens.
574
01:11:06.719 --> 01:11:23.409
Speaker 1 (Community Hall): I feel that I put my time in, and we have
viable retail there now. We have Voyager. We used to go to Good Earth,
which was inside this complex. There is a reciprocal parking arrangement
with whatever other property owners
575
01:11:23.409 --> 01:11:28.109
Speaker 1 (Community Hall): I know I sat through it. My husband's
eyeglass shop is on Seish.
576
01:11:28.189 --> 01:11:38.909
Speaker 1 (Community Hall): The target right now, the previous owner,
when the target went up, they wanted to close Seiche and put in housing
on the target property.
577
01:11:39.009 --> 01:11:43.019
Speaker 1 (Community Hall): We cannot close SACE anymore because there's
no
578
01:11:43.209 --> 01:11:52.799
Speaker 1 (Community Hall): north and southwest fire access down Seiche.
Target is up for sale. We could be… have more housing dumped on that
property.
579
01:11:52.879 --> 01:12:05.479
Speaker 1 (Community Hall): And God knows what would happen to Bandley.
I… I really… I think the project looks nice, I think they did a good job,
but I really think that the city can do more.
580
01:12:05.479 --> 01:12:16.919
Speaker 1 (Community Hall): to retain retail. We have 7 of the stables
that's across the street. SB330 is a bad bill. It's a retail killer.
581
01:12:16.939 --> 01:12:35.259
Speaker 1 (Community Hall): I watched it from 2019 and wondered what the
heck Nancy Skinner was thinking. Now I know. We have one of these SB330
that's creeping up in the eastern side next to Cupertino High School.
It's going to wipe out a bank, a daycare, and retail. Thank you.
582
01:12:36.460 --> 01:12:44.360
Speaker 2 (Community Hall): Thank you, Jennifer. Our next speaker is Asin
Dimir Leoglu, followed by Whit Turner, followed by Samir Shah. Welcome,
Asin.
583
01:12:46.480 --> 01:12:52.659
Speaker 2 (Community Hall): Good evening, City Council members. I'm
Issinde Milo. I'm a long-time resident of Cupertino.
584
01:12:52.660 --> 01:12:59.730
Speaker 15 (Community Hall): Having first lived in an unincorporated
area, and later within the city limits after the annexation.
585
01:12:59.930 --> 01:13:09.930
Speaker 15 (Community Hall): Nearly 38 years ago, my family and I moved
from a graduate student housing to our current home, where we have
remained ever since.
586
01:13:10.300 --> 01:13:27.439
Speaker 15 (Community Hall): In our earlier years, we lived in a
residential graduate student community designed around the shared
courtyards. These spaces provided a safe environment for children to play
while fostering interaction among parents and neighbors.
587
01:13:27.900 --> 01:13:35.620
Speaker 15 (Community Hall): Though modest in design, that community
offered something invaluable, a strong sense of connection and belonging.
588
01:13:35.940 --> 01:13:43.130
Speaker 15 (Community Hall): For this reason, I appreciate many aspects
of the proposed development.
589
01:13:43.250 --> 01:13:50.619
Speaker 15 (Community Hall): Its layout appears To reflect elements that
can support family life and neighborhood interaction.
590
01:13:50.780 --> 01:13:58.539
Speaker 15 (Community Hall): However, I'm concerned that an essential
component of community building is being overlooked.
591
01:13:59.110 --> 01:14:07.440
Speaker 15 (Community Hall): Accessible and informal gathering spaces,
not only for the new community, but for the existing community at large.
592
01:14:07.840 --> 01:14:24.829
Speaker 15 (Community Hall): While I understand that including shared
amenities such as clubhouses may increase HOA costs, I'm troubled by the
loss of existing gathering places along Stevens Creek Boulevard, Panera
Bread, and Voyager Cafe.
593
01:14:25.250 --> 01:14:30.880
Speaker 15 (Community Hall): As a reteere, I can attest that these cafes
are more than commercial businesses.
594
01:14:30.990 --> 01:14:33.639
Speaker 15 (Community Hall): They are integral to daily life.
595
01:14:33.810 --> 01:14:43.629
Speaker 15 (Community Hall): Places where residents meet regularly.
Participate in organized groups, such as Cafe Italiano, and maintain
social connections.
596
01:14:43.780 --> 01:14:53.280
Speaker 15 (Community Hall): They are places where people of all ages,
young parents, seniors with walkers, neighbors with familiar faces, come
together.
597
01:14:53.570 --> 01:14:57.499
Speaker 15 (Community Hall): They are places where you are greeted by
name.
598
01:14:57.970 --> 01:15:11.740
Speaker 15 (Community Hall): From a planning perspective, the removal of
such spaces represents more than a change in land use. It risks
diminishing the social infrastructure that supports community well-being.
599
01:15:12.120 --> 01:15:25.790
Speaker 15 (Community Hall): For the city, losing these cafes may seem
like a matter of revenue loss. For others, they may simply be places to
buy coffee, but for many of us, they are essential part of our social
fabric.
600
01:15:26.160 --> 01:15:33.880
Speaker 15 (Community Hall): Taking them away means losing more than
businesses. It means losing connection, routine, and community.
601
01:15:34.070 --> 01:15:51.349
Speaker 15 (Community Hall): Everything else around us that served as
community gathering places are already gone. For current residents, this
is a loss of daily life. For future residents, it's the loss of places
where community begins. Thank you for your time.
602
01:15:51.355 --> 01:15:57.465
Speaker 2 (Community Hall): QSN. Our next speaker is Whit Turner,
followed by Samir Shah, followed by Lauren Burrs. Welcome, Whit.
603
01:15:58.245 --> 01:16:01.234
Speaker 2 (Community Hall): Good evening, Commissioners. Thank you for
having us.
604
01:16:01.240 --> 01:16:12.750
Speaker 13 (Community Hall): With Turner, on behalf of the Housing Action
Coalition, we're a member-supported nonprofit, works to build more
housing at all income levels in order to alleviate the state's housing
crisis. Cupertino, super rich in jobs.
605
01:16:12.755 --> 01:16:24.434
Speaker 16 (Community Hall): Higher Opportunity City, this is a place
where affordable homeownership is out of reach for a lot of the families
who work here. And this project is a common sense solution to that, and
the housing shortage in California as a whole.
606
01:16:24.435 --> 01:16:38.405
Speaker 16 (Community Hall): Transforming underutilized aging office
space into townhomes, addressing the desperate need for family-sized
housing with 3 and 4 bedrooms. And beyond the density, it's a smart
transition for the site, replacing the office space, seeing a decrease in
traffic.
607
01:16:38.405 --> 01:16:50.554
Speaker 16 (Community Hall): preserving trees and providing open space.
Our project review committee endorsed this proposal because it goes above
and beyond our standards for family-oriented housing. I want to commend
the Harvest Properties team.
608
01:16:50.555 --> 01:17:00.645
Speaker 16 (Community Hall): For their work on this. They've done a great
job, and we urge the Commission to move this forward immediately.
Cupertino needs to keep its housing pipeline moving, and this project is
ready to go. Thank you.
609
01:17:06.080 --> 01:17:12.429
Speaker 2 (Community Hall): Thank you, Whit. Our next speaker is Samir
Shah, followed by Lauren Burris, followed by Patrick Bum. Welcome, Samir.
610
01:17:13.380 --> 01:17:22.589
Speaker 14 (Community Hall): Thank you. I… we weren't quite sure how this
goes, so I think Lauren's gonna speak on our behalf. We turned in two
cards, but I think she'll… she'll do the talking. Okay.
611
01:17:23.520 --> 01:17:29.139
Speaker 14 (Community Hall): Thank you so much for holding this committee
hearing, and I want to say that.
612
01:17:29.690 --> 01:17:44.659
Speaker 17 (Community Hall): our landlord has reached out to us, and they
have made, hopefully things as easy for us as possible moving forward. We
have not heard from the city. We've heard from nobody, who has told us
anything.
613
01:17:44.750 --> 01:17:56.170
Speaker 17 (Community Hall): Until we found out from our landlord. And, I
wanted to correct, what I heard when I… when I heard that, we had been
reached out to.
614
01:17:56.630 --> 01:18:02.539
Speaker 17 (Community Hall): Just to let you guys know, we're a… we're a
small business that…
615
01:18:02.690 --> 01:18:11.579
Speaker 17 (Community Hall): almost, almost died out with COVID. This,
this, this place, this, beautiful.
616
01:18:12.280 --> 01:18:15.180
Speaker 17 (Community Hall): beautiful cafe that we built.
617
01:18:15.440 --> 01:18:19.719
Speaker 17 (Community Hall): it was our way to come out of COVID and have
some hope again. And…
618
01:18:20.910 --> 01:18:27.629
Speaker 17 (Community Hall): it's… it's killing us. You know, we're gonna
do everything we can, and we hope that we will get help from
619
01:18:27.840 --> 01:18:29.859
Speaker 17 (Community Hall): Other people to get there, but…
620
01:18:30.010 --> 01:18:38.119
Speaker 17 (Community Hall): we're self-funded. We spent the last of our
money on this build-out. And now our biggest location is gone.
621
01:18:38.640 --> 01:18:41.510
Speaker 17 (Community Hall): in the next 12 to 18 months, and I just
want…
622
01:18:41.870 --> 01:18:48.239
Speaker 17 (Community Hall): us to be able to at least be able to say
that this is really hard for us, and we want to stay in Cupertino.
623
01:18:48.390 --> 01:19:06.230
Speaker 17 (Community Hall): And we'll do everything we can. But anything
that the city can do, anything that, any concessions you can make, any
help to go to our next place and have our permitting fees waived,
anything, it's gonna help, and we would really, really ask for that from
the bottom of our hearts.
624
01:19:06.930 --> 01:19:07.930
Speaker 17 (Community Hall): Thank you.
625
01:19:09.220 --> 01:19:13.849
Speaker 2 (Community Hall): Thank you, Lauren. Our next speaker is
Patrick Bum, followed by David. Welcome, Patrick.
626
01:19:25.850 --> 01:19:27.460
Patrick Bumb: Okay, can you hear me?
627
01:19:28.270 --> 01:19:29.640
Speaker 2 (Community Hall): Yes, we can hear you.
628
01:19:29.640 --> 01:19:45.309
Patrick Bumb: Okay. Good evening, Chair, Vice Chair, and Commissioners.
My name is Patrick Bum with Borelli Investment Company. I'm speaking on
behalf of our client, Saishway LLC. They're the property owner for the
retail project adjacent to the subject property.
629
01:19:45.460 --> 01:19:53.970
Patrick Bumb: Our client respectfully requests that the Commission
continue the item, to a future date, rather than taking action tonight.
630
01:19:53.990 --> 01:20:07.530
Patrick Bumb: This will allow the parties additional time to coordinate
and address some outstanding issues in a thoughtful and productive
manner. Our client was made aware of the proposed development
approximately 48 hours ago.
631
01:20:07.530 --> 01:20:23.400
Patrick Bumb: And they have not had sufficient time to fully evaluate the
potential impacts. Given the shared infrastructure and interrelated
considerations between the properties, we feel that additional time is
warranted to ensure a well-coordinated outcome.
632
01:20:24.010 --> 01:20:38.460
Patrick Bumb: Additionally, the existing reciprocal easement agreement
reflects extensive coordination between the parties in the City of
Cupertino, particularly with respect to traffic circulation and shared
site improvements.
633
01:20:38.770 --> 01:20:56.899
Patrick Bumb: The requirement for the City Manager to approve, a
modification to the easement agreement under Section 23 further
underscores that these matters extend beyond just private agreements and
are integral to the City's original project approvals.
634
01:20:57.040 --> 01:21:12.849
Patrick Bumb: Accordingly, we respectfully request that the
considerations outlined in the letter that was sent to the Planning
Commission today at 2.40 p.m. be carefully evaluated and incorporated
into any project conditions of approval.
635
01:21:12.880 --> 01:21:20.369
Patrick Bumb: With that being said, thank you for your time, and I remain
available for any questions that you may have.
636
01:21:22.560 --> 01:21:25.860
Speaker 2 (Community Hall): Thank you, Patrick. Our next speaker is
David. Welcome, David.
637
01:21:30.930 --> 01:21:32.330
David: Hi there, can you hear me?
638
01:21:33.050 --> 01:21:34.350
Speaker 2 (Community Hall): Yes, we can hear you.
639
01:21:34.350 --> 01:21:45.069
David: Okay, thank you. Chair Solcheron, Vice Chair Scharf, Planning
Commission, thank you so much for this opportunity to speak this evening.
We really appreciate it.
640
01:21:45.070 --> 01:21:56.499
David: I'm calling in asking the Planning Commission to oppose this
development project, mostly because it will eliminate one of the true,
thriving hearts of this community in Voyager and Panera.
641
01:21:56.510 --> 01:22:14.220
David: I want to make the key point that this project is not like the 6
other SB330 projects in Cupertino. Again, this project is not like the
other, SB330 projects in the city, and the reason for that is it's
eliminating active, thriving retail.
642
01:22:14.220 --> 01:22:17.779
David: This project eliminates a real community hub.
643
01:22:17.980 --> 01:22:29.160
David: If you spend, any time around Voyager, you know the line often
stretches out the door. If you come on a holiday or a weekend, it
stretches around the building. This place is beloved.
644
01:22:29.160 --> 01:22:40.200
David: For a city like Cupertino that is rapidly losing its retail, its
small businesses, and its vibrancy, it seems highly foolish to approve a
project that eliminates
645
01:22:40.200 --> 01:22:51.170
David: A highly vibrant, highly successful, highly beloved small
business, especially when this project offers zero replacement retail for
the community as a whole.
646
01:22:51.440 --> 01:23:03.259
David: I actually think the term retail here is a misnomer. We should be
using the term community, because Voyager and Panera are very different
from a store where you just walk in, buy some essential items, and leave.
647
01:23:03.260 --> 01:23:14.489
David: Voyager and Panera are active, thriving communities. Do a search
for any kind of meetup in Cupertino. Doesn't matter if it's political
activism, startups, a knitting club, a book club.
648
01:23:14.490 --> 01:23:32.279
David: they take place in this complex, and that's what's being destroyed
here. I would wager to say that more community takes place week by week
in Voyager and Panera than does in Quinlan Center. And really, the issue
at hand here is the Cupertino community, not…
649
01:23:32.420 --> 01:23:34.879
David: Two random cafes, or just retail.
650
01:23:35.060 --> 01:23:54.739
David: This especially affects seniors, young people, and students.
Cupertino offers very little in the way of third spaces for seniors,
young people, and students to gather. This project, you know, eliminates
vital community space for people who can't easily invite others into
their homes.
651
01:23:56.110 --> 01:24:14.409
David: As you heard earlier, the owners of Voyager poured their time and
energy and money, completely into renovating the space. Their loss is
profound, and I'm not sure that the Planning Commission or the City
Council understands just how profound that loss is.
652
01:24:14.410 --> 01:24:35.959
David: For the owners of Voyager and for the community as a whole. They
offered the city so much with everything they've given us these many
years, and it seems in return, the city is just sending bulldozers to
tear down their business. This really needs to be rectified. It's a loss
for Cupertino and for these owners. It's a tremendous injustice.
653
01:24:35.960 --> 01:24:37.489
David: Thank you for listening.
654
01:24:38.460 --> 01:24:42.729
Speaker 2 (Community Hall): Thank you, David. We have no speaker cards in
person, and no hands raised on Zoom, Chair.
655
01:24:43.580 --> 01:24:48.320
Speaker 3 (Community Hall): Thank you very much. So, we'll now bring this
back to the Commission. Do we have any questions
656
01:24:48.970 --> 01:24:56.399
Speaker 3 (Community Hall): Or we actually, I apologize, the applicant
also has an opportunity to respond to the comments.
657
01:24:58.660 --> 01:25:09.730
Speaker 14 (Community Hall): Just wanted to respond with regards to the
adjacent Sageway retail. We do have a private REA in place that we,
coordinated with them when they were developing their property.
658
01:25:09.730 --> 01:25:21.969
Speaker 14 (Community Hall): Our plans respect that easement. There's no
change to the REA, that is needed. We still have the same maintenance
rights. They would like to change it so that we no longer have
659
01:25:22.020 --> 01:25:32.499
Speaker 14 (Community Hall): use of the trash receptacles, which we're
open to, and we have said that we are open to, but if you look on the
plans, there is no impact to the REA whatsoever.
660
01:25:32.630 --> 01:25:36.599
Speaker 14 (Community Hall): It's still maintained in the exact same way
that the city approved originally.
661
01:25:39.450 --> 01:25:41.330
Speaker 3 (Community Hall): Great, thank you. Any… Commissioner Rouse?
662
01:25:41.635 --> 01:25:46.285
Speaker 5 (Community Hall): Yeah, while the applicant's up at the podium,
maybe you can stay at the podium, we have questions for you.
663
01:25:46.915 --> 01:25:53.174
Speaker 5 (Community Hall): So, and I don't know if staff can project the
letter we received from the, from Mr. Blum, I believe.
664
01:25:53.975 --> 01:25:55.195
Speaker 5 (Community Hall): Can we project that?
665
01:25:55.365 --> 01:25:56.274
Speaker 5 (Community Hall): I don't have the ability.
666
01:25:56.280 --> 01:25:57.330
Speaker 7 (Community Hall): to do that.
667
01:25:57.650 --> 01:25:58.580
Speaker 3 (Community Hall): I don't have it.
668
01:25:58.580 --> 01:26:00.570
Speaker 5 (Community Hall): Can the city clerk project the letter?
669
01:26:01.630 --> 01:26:03.879
Speaker 2 (Community Hall): Let me see if I can do it. Thank you.
670
01:26:07.390 --> 01:26:15.320
Speaker 5 (Community Hall): And so, while the applicant's up here, if you
make comment on the letter that I presume you have read, and
671
01:26:15.600 --> 01:26:20.150
Speaker 5 (Community Hall): Firstly, the shared roadway. Can you comment
on what portion of the roadway
672
01:26:20.540 --> 01:26:24.329
Speaker 5 (Community Hall): Is split, as far as your lot line is
concerned, and…
673
01:26:24.690 --> 01:26:31.169
Speaker 5 (Community Hall): And we will call on the member of the public
to clarify on their behalf as well. I think we have the…
674
01:26:31.550 --> 01:26:36.030
Speaker 5 (Community Hall): The City Attney, can you clarify if we may
call on the member of the public to comment?
675
01:26:36.300 --> 01:26:37.250
Speaker 5 (Community Hall): As needed.
676
01:26:42.480 --> 01:26:45.030
Speaker 8 (Community Hall): I just wanted to mention, Commissioner, that,
677
01:26:45.340 --> 01:26:58.099
Speaker 8 (Community Hall): I mean, these are important issues, you know,
and it involves the site, and so, you know, I think it's appropriate to
entertain some discussion. But, keep in mind, this is, you know, a… a…
678
01:26:58.520 --> 01:27:12.549
Speaker 8 (Community Hall): discussion between these adjoining private
van owners, and so I'm not sure how germane it is to the specific issues
really before us, in terms of their development application.
679
01:27:12.555 --> 01:27:18.934
Speaker 5 (Community Hall): If I may clarify why this is germane, I think
the benefit of hindsight with Westport is showing us that had we
680
01:27:19.375 --> 01:27:23.904
Speaker 5 (Community Hall): appropriately quantified the responsibilities
of that shared driveway in Westport.
681
01:27:24.705 --> 01:27:37.124
Speaker 5 (Community Hall): we would not have seen the amount of rest and
pushback that we have had, and the city's involvement from transportation
and public works to put in signage and various other requests that have
come our way. And so, I would… I would…
682
01:27:37.495 --> 01:27:40.654
Speaker 5 (Community Hall): I would beg to defer that that shared
driveway is still…
683
01:27:40.805 --> 01:27:49.334
Speaker 5 (Community Hall): an area that needs some level of
clarification, maybe from the applicant. If you might comment on what
areas you guys agree on, and
684
01:27:49.565 --> 01:27:51.785
Speaker 5 (Community Hall): And just sort of help us find where…
685
01:27:51.965 --> 01:27:53.975
Speaker 5 (Community Hall): There may be anything here to tease apart.
686
01:27:55.110 --> 01:28:07.349
Speaker 10 (Community Hall): So if you, access the civil drawings, you
can look at this tentative map there. There's a parcel H that's listed, I
believe, that is all of the driveway land area that we own.
687
01:28:07.355 --> 01:28:08.744
Speaker 5 (Community Hall): wanna put it up there, or…
688
01:28:09.230 --> 01:28:11.909
Speaker 10 (Community Hall): I don't think… this was not part of our
presentation, so…
689
01:28:12.110 --> 01:28:17.220
Speaker 10 (Community Hall): I don't have a way to pull this one up
specifically. I guess if you pull up the site plan, let's go…
690
01:28:17.225 --> 01:28:19.475
Speaker 5 (Community Hall): If you have a hard copy, you can just put it
on there.
691
01:28:23.225 --> 01:28:23.895
Speaker 5 (Community Hall): Clark?
692
01:28:28.830 --> 01:28:29.370
Speaker 18 (Community Hall): Can that work?
693
01:28:30.070 --> 01:28:32.090
Speaker 18 (Community Hall): How do I… Yep.
694
01:28:32.350 --> 01:28:35.059
Speaker 18 (Community Hall): Can you see this? Yep. Oh, that's kind of
cool.
695
01:28:35.375 --> 01:28:49.605
Speaker 10 (Community Hall): So Parcel H, so just to orient you, you have
Stevens Creek Boulevard right here. Apologies, my finger… thank you. You
have Stevens Creek Boulevard right here. Here's the main entrance to the
overall site. These parcels reflect the different townhomes that we have.
696
01:28:50.145 --> 01:28:55.195
Speaker 10 (Community Hall): Parcel H is the component of the shared
driveway that we own.
697
01:28:55.645 --> 01:29:13.804
Speaker 10 (Community Hall): And you will see, if you then were to
overlay this with our architectural plans or our landscape plans, we are
proposing to preserve that component of the shared driveway so that the
Sageway retail, you know, facing SACE, maintains all of the access, that
they currently have today.
698
01:29:18.430 --> 01:29:22.629
Speaker 14 (Community Hall): There is no change to the driveway, just to
reiterate it.
699
01:29:23.390 --> 01:29:28.770
Speaker 14 (Community Hall): And there's no change to any portion of the
easement that has been agreed to. What documents.
700
01:29:28.775 --> 01:29:33.435
Speaker 5 (Community Hall): They exist that govern the obligations of
each parcel owner on the driveway?
701
01:29:33.715 --> 01:29:34.494
Speaker 5 (Community Hall): That is…
702
01:29:34.500 --> 01:29:37.530
Speaker 10 (Community Hall): the REA, that was referenced.
703
01:29:37.535 --> 01:29:38.284
Speaker 18 (Community Hall): Can you expand our region?
704
01:29:38.585 --> 01:29:39.715
Speaker 5 (Community Hall): What is RDA?
705
01:29:39.715 --> 01:29:59.524
Speaker 10 (Community Hall): reciprocal easement agreement, so it was an
agreement that Blair and the Borelli family negotiated back in 2014, that
contemplated the idea that there was a shared driveway, and that there
was some shared trash receptacles area, and the access going back and
forth. So we provided access to them on our portion.
706
01:29:59.525 --> 01:30:00.944
Speaker 10 (Community Hall): Of the shared driveway?
707
01:30:01.015 --> 01:30:08.394
Speaker 10 (Community Hall): They provided access to us on their portion
of the shared driveway, and then also provided access to us for the
retail trash.
708
01:30:09.020 --> 01:30:17.310
Speaker 5 (Community Hall): Okay, so in the scenario currently where you
have retail, and both parties here have retail, any…
709
01:30:18.030 --> 01:30:22.839
Speaker 5 (Community Hall): usage of the shared driveway by the public
that may result in potential
710
01:30:23.090 --> 01:30:26.200
Speaker 5 (Community Hall): Accidental injury that results in litigation.
711
01:30:26.420 --> 01:30:27.779
Speaker 5 (Community Hall): Is treated how?
712
01:30:33.490 --> 01:30:42.220
Speaker 13 (Community Hall): I don't… I'm sorry, I'm counsel for the
applicant here. I don't believe these are germane to Planning Commission
questions as far as the liabilities between two private parties in a
contract.
713
01:30:42.220 --> 01:30:45.580
Speaker 19 (Community Hall): I just think we're digressing from the
application before you.
714
01:30:45.585 --> 01:30:50.975
Speaker 5 (Community Hall): The context for the question is, once the
fence is erected for the development.
715
01:30:51.165 --> 01:30:55.055
Speaker 5 (Community Hall): The fence would be to the west of this shared
driveway.
716
01:30:55.315 --> 01:30:58.325
Speaker 5 (Community Hall): And a portion of that shared driveway
remains.
717
01:30:58.725 --> 01:31:03.815
Speaker 5 (Community Hall): the lot of the parcel, so is the HOA gonna
be…
718
01:31:04.355 --> 01:31:11.705
Speaker 5 (Community Hall): Liable for any injuries or accidental impact
to members of the public using the shared driveway?
719
01:31:12.540 --> 01:31:19.229
Speaker 19 (Community Hall): That will be determined through the contract
and through, civil litigation. I don't think we need to worry about that
in the Planning Commission hearing tonight.
720
01:31:20.600 --> 01:31:27.280
Speaker 19 (Community Hall): I mean, it's… the liabilities for an
accident in the future, based off a contract, I don't think is what we
should be talking about tonight.
721
01:31:27.990 --> 01:31:30.519
Speaker 19 (Community Hall): I mean, we could go through it, there are
maintenance obligations in the REA.
722
01:31:30.700 --> 01:31:32.820
Speaker 19 (Community Hall): But I don't think this part…
723
01:31:33.110 --> 01:31:38.840
Speaker 19 (Community Hall): The purpose of this hearing is not to go
through this contract. The applicant is working with the neighboring
owner.
724
01:31:39.040 --> 01:31:45.069
Speaker 19 (Community Hall): And is entertaining changes to the REA to
address their concerns, but they aren't obligated to.
725
01:31:45.070 --> 01:31:52.920
Speaker 5 (Community Hall): Does the applicant understand that there have
been significant issues involving shared driveways in a neighboring site,
which was formerly the Oaks? So, I…
726
01:31:52.920 --> 01:32:07.789
Speaker 8 (Community Hall): I apologize, but, Chair, we are going pretty
far afield. It is not agendized for this wide-ranging concerns. There are
legitimate concerns. I respect that. Commissioner Riley's really good
questions. They're just not agendized for discussion.
727
01:32:07.790 --> 01:32:27.290
Speaker 8 (Community Hall): tonight here, you know, I mean, if there was
issues with the REA, liability, use of driveways, if those type of issues
were germane for this particular development application, then the Brown
Act would require that, you know, that be part of the agenda to this… for
this discussion, and it is not.
728
01:32:27.290 --> 01:32:31.229
Speaker 5 (Community Hall): point of inquiry to the city at me. These
could be potential conditions of approval.
729
01:32:31.400 --> 01:32:32.440
Speaker 5 (Community Hall): Yeah, this…
730
01:32:32.440 --> 01:32:50.529
Speaker 8 (Community Hall): these, you know, the… I think the
relationship between these private parties who executed this… this
easement agreement 12 years ago, it's… it's… I don't… I would imagine and
expect that staff would have incorporated these into the conditions
approval if they thought it was germane to this application.
731
01:32:51.015 --> 01:32:54.945
Speaker 5 (Community Hall): But what I heard from staff is outreach is
expected.
732
01:32:55.175 --> 01:33:00.384
Speaker 5 (Community Hall): From whom? I did not… I believe the outreach
is expected from the…
733
01:33:01.375 --> 01:33:04.815
Speaker 5 (Community Hall): People that were noticed, in this case, the
neighboring retail.
734
01:33:05.570 --> 01:33:15.860
Speaker 14 (Community Hall): And we did notice them. The property was
sold from the prior ownership that we negotiated with, and so we noticed
the new ownership as part of our community outreach, and we never heard
back until
735
01:33:16.200 --> 01:33:17.190
Speaker 14 (Community Hall): What, 24 hours.
736
01:33:17.195 --> 01:33:21.485
Speaker 5 (Community Hall): And so this hearing is their opportunity to
come back to us, and that's what they have done.
737
01:33:22.140 --> 01:33:34.660
Speaker 14 (Community Hall): The one thing that I will address is that's
all outlined in the existing REA, and unless we amend the REA, it would
be handled exactly the same way as it is right now with the retail
properties.
738
01:33:34.665 --> 01:33:38.214
Speaker 5 (Community Hall): Is it fair to say, just a closing question on
this topic, that
739
01:33:39.085 --> 01:33:41.755
Speaker 5 (Community Hall): You believe you have agreement with them.
740
01:33:42.385 --> 01:33:50.264
Speaker 5 (Community Hall): On surrendering the use of the trash area,
and then the modifications to allow for
741
01:33:50.645 --> 01:33:57.344
Speaker 5 (Community Hall): the shared driveway to be used by the other
party. So, if you can comment on the ask 1 and ask 3, I think…
742
01:33:57.565 --> 01:33:59.374
Speaker 5 (Community Hall): In that letter. We do have.
743
01:33:59.380 --> 01:34:00.060
Speaker 18 (Community Hall): a.
744
01:34:00.065 --> 01:34:06.624
Speaker 14 (Community Hall): private easement agreement with them, the
REA as we've been referring to it, that does address both of those. That
is correct.
745
01:34:06.625 --> 01:34:10.824
Speaker 5 (Community Hall): And would you comment on number 2, which
seems out of the scope of your property?
746
01:34:10.925 --> 01:34:12.594
Speaker 5 (Community Hall): They're… they're asked number two.
747
01:34:13.985 --> 01:34:14.885
Speaker 5 (Community Hall): The cold cuts.
748
01:34:14.885 --> 01:34:15.805
Speaker 18 (Community Hall): Yes.
749
01:34:15.810 --> 01:34:28.989
Speaker 14 (Community Hall): At this point, we are not open to a lot line
adjustment. I don't know why they want our land without compensation, but
we are open to amending the REA, as we told them, if there's interest.
750
01:34:29.170 --> 01:34:30.369
Speaker 14 (Community Hall): Okay, thank you.
751
01:34:32.090 --> 01:34:33.009
Speaker 14 (Community Hall): Yes, it is.
752
01:34:33.800 --> 01:34:35.730
Speaker 18 (Community Hall): I'm done. If he's done, I'm done.
753
01:34:36.950 --> 01:34:39.430
Speaker 9 (Community Hall): Okay, I have one question. Yes.
754
01:34:39.860 --> 01:34:59.279
Speaker 9 (Community Hall): Hi, sorry. So the… the driveway that cuts
across from Alves to Stevens Creek, right, the main driveway, we've…
we've had issues with similar developments where, neighbors use that as
a… as a cut-through, and, generating
755
01:34:59.280 --> 01:35:03.130
Speaker 9 (Community Hall): You know, complaints from the residents, in
that development.
756
01:35:03.130 --> 01:35:09.269
Speaker 9 (Community Hall): Have you guys considered that? Have you put
in any, any kind of, you know.
757
01:35:09.270 --> 01:35:15.799
Speaker 9 (Community Hall): measures in place to protect the residents
from a lot of traffic coming through? Yeah, so I think.
758
01:35:15.800 --> 01:35:18.030
Speaker 10 (Community Hall): I think the… the best…
759
01:35:18.080 --> 01:35:33.669
Speaker 10 (Community Hall): choice for this was how we designed it. So
we intentionally chose, at one point, let me step back a sec, we at one
point thought about an idea where you had almost a direct connection that
was almost straight from Al's to Stevens Creek Boulevard.
760
01:35:33.680 --> 01:35:49.699
Speaker 10 (Community Hall): After discussions internally with the team
and thinking about the issues of cross-traffic, we intentionally chose to
have that road meander all the way through the site to, frankly, make it
very inefficient for someone who wants to be a cut-through traffic
individual.
761
01:35:49.740 --> 01:35:54.350
Speaker 10 (Community Hall): And so that was our solution to that
potential issue.
762
01:35:57.300 --> 01:36:00.709
Speaker 9 (Community Hall): Staff, based on your experience…
763
01:36:01.080 --> 01:36:12.980
Speaker 9 (Community Hall): what happened with Westport, would you
recommend anything more, like signs, or, you know, because I know we just
had this conversation about, you know, how to minimize traffic, because
764
01:36:13.310 --> 01:36:19.759
Speaker 9 (Community Hall): that's not gonna stop them, in my experience.
So, yeah, I would be interested in staff recommendations.
765
01:36:21.440 --> 01:36:31.559
Speaker 6 (Community Hall): Yeah, I think this is a different… the design
layout's quite a bit different, though, too, that this is not that sort
of straight shot that we're looking at at Westport, where…
766
01:36:32.120 --> 01:36:39.889
Speaker 6 (Community Hall): In that case, Mary Avenue sort of meanders
and takes you further before you come back to Stevens Creek to make your
right turn.
767
01:36:40.390 --> 01:36:43.760
Speaker 6 (Community Hall): there you have a straight road that you can
see Stevens Creek and
768
01:36:43.900 --> 01:36:49.150
Speaker 6 (Community Hall): I think it's… even with speed bumps, it makes
sense for people that want to cut through to go that way.
769
01:36:49.800 --> 01:36:51.699
Speaker 6 (Community Hall): Here, when I look at the site.
770
01:36:52.570 --> 01:36:56.340
Speaker 6 (Community Hall): you're sort of looking from Elvis South,
you're gonna see buildings.
771
01:36:57.030 --> 01:37:00.449
Speaker 6 (Community Hall): And then you have a road that's gonna swing
all the way to the west, so…
772
01:37:00.850 --> 01:37:03.119
Speaker 6 (Community Hall): I think the layout is…
773
01:37:03.480 --> 01:37:07.719
Speaker 6 (Community Hall): People are looking to cut through, they're
looking for efficiency. This is not efficient for cutting through.
774
01:37:10.870 --> 01:37:24.670
Speaker 3 (Community Hall): I have one question for the applicant. I, you
know, I think you've heard a lot of concern from the community around the
loss of retail, and I know that you did consider alternative designs that
would have kept the retail. Could you speak a little bit more to why
those did not end up working out?
775
01:37:25.570 --> 01:37:44.360
Speaker 10 (Community Hall): Sure. So, as I mentioned in the
presentation, March to July of last year, we did some extensive, kind of,
alternate design options that would have preserved the retail along,
Stevens Creek Boulevard. And we got… we worked on that with staff.
Ultimately, after
776
01:37:44.620 --> 01:37:55.660
Speaker 10 (Community Hall): Coming up with that solution, we were
advised by staff that, unfortunately, that modification to our
application wouldn't be permissible under SB330.
777
01:37:55.680 --> 01:38:09.549
Speaker 10 (Community Hall): And we would have to resubmit the
application. This was 12 to 18 months into the process already, so we
would have been looking at, at minimum, a 1-2 year kind of overall
extension to the project. And in addition to that.
778
01:38:09.550 --> 01:38:21.539
Speaker 10 (Community Hall): Since we had submitted in April 1st of 24,
the housing element had come in, so a higher density requirement would
have been hitting on the other side of the project as well.
779
01:38:21.540 --> 01:38:35.279
Speaker 10 (Community Hall): So, when we originally looked at this, it
was a potential loss of 16 units. With the advisement that we would have
to resubmit the application, we were looking at a minimum of 32 to 40
units, going away from the project based on that.
780
01:38:37.030 --> 01:38:40.210
Speaker 3 (Community Hall): Great, thank you so much. Do we have any
other questions for the applicant?
781
01:38:41.580 --> 01:38:43.390
Speaker 3 (Community Hall): Yes. Yes.
782
01:38:45.210 --> 01:38:45.940
Community Hall: So…
783
01:38:47.820 --> 01:38:55.289
Speaker 5 (Community Hall): Questions regarding the site setback, I
believe we have reduced that, as proposed, quite significantly.
784
01:38:56.690 --> 01:39:04.869
Speaker 5 (Community Hall): How is fire accepting the reduced setback? Do
they have the ability to get ladders up to the roof of the building at 50
feet?
785
01:39:09.010 --> 01:39:22.930
Speaker 7 (Community Hall): So, the fire department did, approve their
plans with conditions, so the project will be required to comply with
fire code, but they did give an approval of the project.
786
01:39:24.430 --> 01:39:26.040
Speaker 5 (Community Hall): What were those conditions?
787
01:39:27.110 --> 01:39:38.939
Speaker 7 (Community Hall): So there are several conditions. They are
included in the resolutions, particularly for the architectural and site
approval. They do pertain to the ground letter access.
788
01:39:39.060 --> 01:39:44.670
Speaker 7 (Community Hall): Aerial access, and then the fire lanes,
parking, fire hydrants, fire flow, etc.
789
01:39:47.350 --> 01:39:49.639
Speaker 5 (Community Hall): And so, point of inquiry is this…
790
01:39:50.170 --> 01:39:55.879
Speaker 5 (Community Hall): hearing allowed to ask questions about fire,
or is that out of the scope of the planning hearing?
791
01:39:57.220 --> 01:40:00.050
Speaker 5 (Community Hall): Question to either staff or the city
attorney.
792
01:40:00.410 --> 01:40:08.919
Speaker 7 (Community Hall): We can assist with very general questions,
but we are not representative of the fire department, and there are no
representatives of the fire department here tonight. So, are the fire…
793
01:40:10.400 --> 01:40:17.489
Speaker 5 (Community Hall): So, is this going to be ground ladder access,
or is it aerial apparatus access, in the case of a 50 feet construction?
794
01:40:17.760 --> 01:40:20.800
Speaker 7 (Community Hall): There will be both aerial access and ground
letter access.
795
01:40:21.100 --> 01:40:22.130
Speaker 8 (Community Hall): But the project was reviewed.
796
01:40:22.135 --> 01:40:25.345
Speaker 5 (Community Hall): Considering which… Approach. Both.
797
01:40:29.135 --> 01:40:30.095
Speaker 5 (Community Hall): Okay.
798
01:40:31.850 --> 01:40:32.449
Speaker 18 (Community Hall): Thank you.
799
01:40:34.390 --> 01:40:37.310
Speaker 3 (Community Hall): Any other questions for the applicant?
800
01:40:37.715 --> 01:40:38.845
Speaker 18 (Community Hall): Can we…
801
01:40:38.845 --> 01:40:43.415
Speaker 5 (Community Hall): Before we close the hearing, can we invite
the…
802
01:40:43.675 --> 01:40:47.175
Speaker 5 (Community Hall): Neighboring retail, if he wishes to respond
to what he has heard so far.
803
01:40:48.555 --> 01:40:49.934
Speaker 5 (Community Hall): The member of the public?
804
01:40:50.165 --> 01:40:51.495
Speaker 5 (Community Hall): If they're still present.
805
01:40:52.345 --> 01:40:56.165
Speaker 5 (Community Hall): Can we unmute the member of the public that
represents the retail to the east?
806
01:40:56.385 --> 01:40:57.945
Speaker 5 (Community Hall): To allow them to comment.
807
01:41:00.280 --> 01:41:01.690
Speaker 3 (Community Hall): City attorneys…
808
01:41:01.690 --> 01:41:02.290
Patrick Bumb: Hear me?
809
01:41:02.290 --> 01:41:02.820
Speaker 3 (Community Hall): Okay.
810
01:41:07.490 --> 01:41:12.749
Speaker 3 (Community Hall): Sorry, to clarify, City Attorney, is there a
duration of time that we should all… this is sort of…
811
01:41:14.160 --> 01:41:19.680
Speaker 8 (Community Hall): Yeah, we normally don't provide Second
opportunities like this, then…
812
01:41:20.030 --> 01:41:24.910
Speaker 8 (Community Hall): Then other speakers might want to… Also had
that opportunity.
813
01:41:27.250 --> 01:41:34.429
Speaker 3 (Community Hall): Yes, I… yeah, I, you know, I think this is a
somewhat of a deviation from our typical practice.
814
01:41:34.965 --> 01:41:39.274
Speaker 5 (Community Hall): We have a potential condition of approval
involving a shared driveway.
815
01:41:39.625 --> 01:41:41.775
Speaker 5 (Community Hall): I'd like to hear from the…
816
01:41:42.645 --> 01:41:48.715
Speaker 5 (Community Hall): Person sharing the driveway on whether they
would be open to our conditions of approval, potentially, that they're
requesting.
817
01:41:49.730 --> 01:41:54.379
Speaker 8 (Community Hall): Use of the shared drive is actually another
condition approval, and it's not part of today's item.
818
01:41:55.060 --> 01:42:09.640
Speaker 9 (Community Hall): Yeah, I think this… this has been discussed
and answered. If they have any other comments, I think they're gonna
discuss privately, and then it'll come to the City Council, so I think as
far as the Planning Commission has done, is on this topic, I think we've
discussed it extensively.
819
01:42:09.645 --> 01:42:15.494
Speaker 5 (Community Hall): We have, through the Chair, we have had
previous hearings where we've allowed members of the public who were in
the room to come up and comment.
820
01:42:15.905 --> 01:42:26.145
Speaker 5 (Community Hall): We've had dividend homes hearing where
members of the public came up and responded to comments. I think it's
only fair to the neighboring retail that we allow them to comment,
similar to what we've done in other hearings.
821
01:42:26.145 --> 01:42:42.795
Speaker 8 (Community Hall): Those were comments made by the public that
were directly impacted by the neighbors and their project, and they had
comments germane to this, not for this private discussion. I'm a little
bit hesitant to get involved in, you know, this commercial discussion
between two private entities.
822
01:42:43.320 --> 01:42:46.110
Speaker 5 (Community Hall): It's the discretion of the chair, whether you
wish to support that or not.
823
01:42:48.480 --> 01:43:03.570
Speaker 3 (Community Hall): I think we've been told that that is not
particularly relevant to the hearing that is at hand tonight, and so I'm
reluctant to allow dedicated time to a member of the public on a topic
that we are not approving at the moment.
824
01:43:06.510 --> 01:43:09.190
Speaker 9 (Community Hall): Are we ready to make a motion?
825
01:43:09.190 --> 01:43:12.620
Speaker 3 (Community Hall): So, with that, if there are no further
questions for the applicant…
826
01:43:14.230 --> 01:43:19.279
Speaker 3 (Community Hall): then we will close the public hearing. And
yes, bring it back to the Commission for comments.
827
01:43:20.580 --> 01:43:36.170
Speaker 9 (Community Hall): So, for the sake of getting us started, I'd
like to make a motion, to approve the project as written, with the
addition of, requiring the city to provide, significant tangible
financial benefits to the retail,
828
01:43:36.280 --> 01:43:41.750
Speaker 9 (Community Hall): establishments to allow them to relocate
within Cupertino somewhere else.
829
01:43:44.690 --> 01:43:54.470
Speaker 3 (Community Hall): I would like to make a friendly amendment to…
I don't know, I mean, staff can correct me if they think this is maybe
too specific, but, in terms of…
830
01:43:54.750 --> 01:43:55.830
Speaker 3 (Community Hall): city…
831
01:43:55.970 --> 01:44:11.910
Speaker 3 (Community Hall): assistance of the relocation, that staff
consider expedited permitting and potential fee waivers where possible to
assist Voyager, as well as an evaluation of the fees that
832
01:44:11.940 --> 01:44:18.109
Speaker 3 (Community Hall): The businesses would be paying, and to see
where there might be any opportunity to assist.
833
01:44:18.880 --> 01:44:38.139
Speaker 9 (Community Hall): Yeah, I mean, that's fine, as long as those
are not the only things they consider, but they cast a wider net in terms
of, you know, can the Arts Commission help, provide some, you know, art
help? Can the city, you know, expedite permits, or waive permitting fees,
or, you know, pretty much anything else we can provide as a city to help
them across all of our,
834
01:44:38.140 --> 01:44:40.270
Speaker 9 (Community Hall): Departments and commissions.
835
01:44:41.120 --> 01:44:56.489
Speaker 8 (Community Hall): So, just so that everyone's clear, so the
record's clear, perhaps I want to ask the mover, the original mover,
Commissioner Linskop, for you, to the extent that you heard the chair's
suggestions for you to start in motion afresh, and then obtain the
second.
836
01:44:57.290 --> 01:44:57.830
Speaker 9 (Community Hall): Okay.
837
01:44:57.970 --> 01:45:04.580
Speaker 9 (Community Hall): Alright, I move for, for us to accept the
recommended action,
838
01:45:04.760 --> 01:45:13.960
Speaker 9 (Community Hall): And an addition… an additional, amendment
that the city, provides significant tangible financial benefits to
839
01:45:14.230 --> 01:45:31.319
Speaker 9 (Community Hall): The retail establishments that are getting
dislocated, including, looking at fee-expedited, approvals, fee, reduces…
reductions, and pretty much anything else that the city can provide
through its,
840
01:45:31.660 --> 01:45:33.720
Speaker 9 (Community Hall): Different departments and commissions.
841
01:45:33.880 --> 01:45:35.369
Speaker 9 (Community Hall): Does that cover everything?
842
01:45:35.650 --> 01:45:40.009
Speaker 8 (Community Hall): Well, let's get a second on that, and then if
there's a friendly amendment, then someone else can…
843
01:45:40.200 --> 01:45:41.920
Speaker 8 (Community Hall): Ask for a friendly amendment.
844
01:45:41.920 --> 01:45:44.259
Speaker 4 (Community Hall): I'll second that for the purpose of
discussion.
845
01:45:44.420 --> 01:45:51.180
Speaker 4 (Community Hall): I think that, you know, just my comment here
would be that, Yeah, I love Voyager, too.
846
01:45:51.360 --> 01:45:58.810
Speaker 4 (Community Hall): This… this… situation does arise, I hope
that, you know, that there would be a uniform.
847
01:45:59.090 --> 01:46:06.160
Speaker 4 (Community Hall): application here, that, you know, we're not
saying we love this business and we don't love this other one. But…
848
01:46:06.750 --> 01:46:13.910
Speaker 4 (Community Hall): I'd certainly, I certainly would agree that,
and I think that I would say this for any, any business that's being
dislocated.
849
01:46:14.110 --> 01:46:21.819
Speaker 4 (Community Hall): the city… I would encourage the economic
development group to consider exactly the kinds of things, fee waivers.
850
01:46:21.960 --> 01:46:26.719
Speaker 4 (Community Hall): And, and, expedited permitting to allow them
to stay.
851
01:46:29.400 --> 01:46:36.470
Speaker 9 (Community Hall): Yeah, if I can just comment quickly on that,
no, I agree. I think it's a slippery slope, right? It's like, who do we
support, who do we not?
852
01:46:36.590 --> 01:46:49.609
Speaker 9 (Community Hall): it's tricky, I 100% get it, but I think in
this case, they are very much part of the social fabric of our community.
They are an important part of the social fabric of our community. I think
as many speakers have mentioned.
853
01:46:49.850 --> 01:47:03.009
Speaker 9 (Community Hall): They're always packed. They're a meeting area
for our children, for our seniors, for, you know, so many of our
community members. So, anything we can do as a city to help them.
854
01:47:03.430 --> 01:47:10.679
Speaker 9 (Community Hall): land on their feet and find another place
within the city where they can thrive, I think it is our responsibility
to do that.
855
01:47:12.670 --> 01:47:13.820
Speaker 5 (Community Hall): through the chair.
856
01:47:14.110 --> 01:47:20.829
Speaker 5 (Community Hall): I don't know where this stops. If we start to
give subsidies from the city, You have Panera.
857
01:47:20.970 --> 01:47:22.920
Speaker 5 (Community Hall): You have the retail that…
858
01:47:23.590 --> 01:47:31.650
Speaker 5 (Community Hall): is lost at Staples, at United Furniture, and
so on. I would actually wonder why we wouldn't motion this to require
859
01:47:32.850 --> 01:47:34.660
Speaker 5 (Community Hall): or encourage…
860
01:47:35.160 --> 01:47:49.449
Speaker 5 (Community Hall): any lease termination to go towards tenant
improvement for a future location. It's not like Cupertino does not have
retail space. We have plenty of retail space. We have 2,000 square feet
at the Westport that is sitting as a shell.
861
01:47:50.310 --> 01:47:53.709
Speaker 5 (Community Hall): We were told there's retail to the east of
this property.
862
01:47:54.200 --> 01:48:01.600
Speaker 5 (Community Hall): There's retail available, At the shopping
center that hosts the, lee Sandwich.
863
01:48:02.130 --> 01:48:06.549
Speaker 5 (Community Hall): There's retail further along to the east of
the dividend Homes property that we just approved.
864
01:48:06.760 --> 01:48:08.399
Speaker 5 (Community Hall): So we can go down…
865
01:48:08.810 --> 01:48:14.030
Speaker 5 (Community Hall): Stevens Creek and nearly every shopping
center has retail available. This isn't a question of
866
01:48:14.290 --> 01:48:17.610
Speaker 5 (Community Hall): space. This is the question of dollars for
tenant improvement.
867
01:48:18.000 --> 01:48:24.210
Speaker 5 (Community Hall): And perhaps that is a matter between the
parcel owner terminating the lease and the tenant.
868
01:48:24.550 --> 01:48:28.220
Speaker 5 (Community Hall): I don't know why the city would get in the
middle of that, and where does it stop? Because…
869
01:48:28.410 --> 01:48:31.950
Speaker 5 (Community Hall): Every tenant that is losing retail would face
the same issue.
870
01:48:32.290 --> 01:48:37.859
Speaker 5 (Community Hall): So I would… Ask us to consider encouraging
the matter to be resolved.
871
01:48:37.970 --> 01:48:42.810
Speaker 5 (Community Hall): Through the use of TI, dollars from the
parcel owner.
872
01:48:44.090 --> 01:49:02.820
Speaker 3 (Community Hall): Well, my response to that would be, and you
know, I think this is something that needs to be discussed more broadly
at the council level, but we do have a lot of businesses that are about
to be displaced through townhome and just apartment development, and to
leave them all without any support for relocation.
873
01:49:02.820 --> 01:49:05.430
Speaker 3 (Community Hall): I think is going to be problematic.
874
01:49:05.435 --> 01:49:10.625
Speaker 5 (Community Hall): To the chair, the recommendation was to make
a condition of approval to encourage
875
01:49:10.825 --> 01:49:13.714
Speaker 5 (Community Hall): The parcel owner to consider using
876
01:49:14.035 --> 01:49:27.564
Speaker 5 (Community Hall): any dollars from early lease termination
towards tenant improvement dollars for the tenant displaced. It was not
that we leave them hanging, it was that we encouraged this between the
two parties. The city, let me remind my
877
01:49:27.625 --> 01:49:34.735
Speaker 5 (Community Hall): colleagues here, the city is running a
structural budget deficit, and we can't go from project to project
waiving fees. Thank you.
878
01:49:35.090 --> 01:49:50.800
Speaker 3 (Community Hall): I understand, and the applicant is providing
support for the businesses to move anywhere. Now, what we are proposing
is an incentive for the businesses to remain within the city, and I think
that's the difference. Commissioner Fung.
879
01:49:51.310 --> 01:49:52.060
Speaker 3 (Community Hall): Yeah, I…
880
01:49:53.795 --> 01:50:01.884
Speaker 4 (Community Hall): trying to come up with a budget for
supporting improvements or moving costs. That's between two private
881
01:50:02.165 --> 01:50:05.934
Speaker 4 (Community Hall): two private parties. It's up to them to
decide what to do there.
882
01:50:06.185 --> 01:50:13.344
Speaker 4 (Community Hall): But we are charging, you know, we are
charging permit fees, we are charging these things, and I think we can
make a decision. We want to keep
883
01:50:13.565 --> 01:50:16.355
Speaker 4 (Community Hall): You know, and I would really say uniformly.
884
01:50:16.675 --> 01:50:25.334
Speaker 4 (Community Hall): If the policy… if the policy from economic
development is, hey, we're gonna give up X percent of… of our fees.
885
01:50:26.125 --> 01:50:29.075
Speaker 4 (Community Hall): You know, there's a clear process that's
trying to make those
886
01:50:29.195 --> 01:50:31.815
Speaker 4 (Community Hall): Recover, you know, to make those equal, but…
887
01:50:32.345 --> 01:50:35.374
Speaker 4 (Community Hall): That is just a decision that we need to make.
888
01:50:35.505 --> 01:50:43.995
Speaker 4 (Community Hall): And I think that, you know, we have many, you
know, we have many, many examples of businesses where
889
01:50:44.285 --> 01:50:53.855
Speaker 4 (Community Hall): I remember I had, at the behest of a
neighbor, I'd went to talk to somebody who had shortly run a shop, one of
the ones in the
890
01:50:54.285 --> 01:51:01.445
Speaker 4 (Community Hall): I can't remember, you know, it's where, right
by,
891
01:51:02.385 --> 01:51:17.295
Speaker 4 (Community Hall): by Main Street, the other, you know, the
thing in the condo building, I can't remember, 818 or whatever that thing
is. Yeah, and this was one of these things where, you know, the cost of
meeting the permit and inspections.
892
01:51:17.655 --> 01:51:20.394
Speaker 4 (Community Hall): you know, just made it impossible, right? So…
893
01:51:20.555 --> 01:51:28.514
Speaker 4 (Community Hall): We're not saying we're going to… we're not
becoming a partner in the business, but we, you know, certainly can be an
advocate for them to be here.
894
01:51:30.260 --> 01:51:47.189
Speaker 3 (Community Hall): Thank you, and what I might add to that is,
you know, what we are motioning this evening is a one-off, but many
cities do have formalized programs where they do support businesses in
this type of instance, and we just happen to not have this formalized
yet.
895
01:51:47.600 --> 01:51:49.120
Speaker 3 (Community Hall): But it's not unusual.
896
01:51:49.750 --> 01:51:57.240
Speaker 5 (Community Hall): Commissioner. Through the chair, let me just
remind ourselves that any waivers are fees that the rest of the residents
had to pay.
897
01:51:57.350 --> 01:52:05.319
Speaker 5 (Community Hall): Like Ms. Griffin sitting out here, there is
no free dollars going around. When we waive fees on developers, that is
borne by the rest of us.
898
01:52:05.750 --> 01:52:13.020
Speaker 5 (Community Hall): And we are seeing that right now, with the
city considering a tax ballot measure, the city considering utility tax
increases.
899
01:52:13.530 --> 01:52:15.669
Speaker 5 (Community Hall): Staff costs are not free.
900
01:52:15.870 --> 01:52:21.490
Speaker 5 (Community Hall): There's a cost of recovery, and when we hand
out dollars, that really we should be encouraging
901
01:52:21.830 --> 01:52:24.300
Speaker 5 (Community Hall): Those to be coming from the…
902
01:52:24.440 --> 01:52:27.640
Speaker 5 (Community Hall): Parcel owner that is depriving the city of
retail.
903
01:52:28.060 --> 01:52:34.779
Speaker 5 (Community Hall): I think we lose ourselves the opportunity to
encourage that kind of Cost of loss to be…
904
01:52:35.200 --> 01:52:41.340
Speaker 5 (Community Hall): clawed back, and I'd like to ask staff
whether we have any in-lieu fees for loss of retail that we might apply
here.
905
01:52:44.910 --> 01:52:49.039
Speaker 6 (Community Hall): No, there's none that I'm aware of, and you
know, I think…
906
01:52:49.890 --> 01:53:00.899
Speaker 6 (Community Hall): the motion to try to capture support for the
business through something tangible, that I… that I get. I think some of
this we would have to look into as well, like even fee waivers, whether
they're feasible or not.
907
01:53:01.010 --> 01:53:02.600
Speaker 6 (Community Hall): But… what…
908
01:53:02.940 --> 01:53:18.430
Speaker 6 (Community Hall): what I'm hearing from the Commission is this
is a serious issue where you're trying to do something more than just
general outreach to a business, to try to go that step further and offer
what you can. So I think that… if that's what you're trying to convey to
the Council when they consider this, that would make sense to include.
909
01:53:19.460 --> 01:53:33.149
Speaker 9 (Community Hall): Yeah, if I can just add a quick comment on
this. Yes, everything costs money, everything is a trade-off, but I think
as we've heard from multiple members of the community today, this is a
trade-off that many residents would be willing to make.
910
01:53:33.280 --> 01:53:38.730
Speaker 9 (Community Hall): We are getting in lieu fees as part of this
project. This would…
911
01:53:38.830 --> 01:53:48.729
Speaker 9 (Community Hall): in a sense, represent a small reduction, a
very, very small reduction in the grand scheme of things, of the, what,
10 million or so Lieu feed that we're getting.
912
01:53:49.880 --> 01:54:00.220
Speaker 9 (Community Hall): it's well worth it if we're able to keep
these retail establishments in the city, so I think this is a trade-off
that you would find a lot of residents would agree to.
913
01:54:01.270 --> 01:54:09.169
Speaker 5 (Community Hall): Through the chair, question for the
applicant. What is the typical tenant improvement dollars for a tenant of
square footage of Voyager, if you may comment on that?
914
01:54:17.410 --> 01:54:19.410
Speaker 5 (Community Hall): I think you may just be interrupt. Okay.
915
01:54:19.410 --> 01:54:20.020
Speaker 18 (Community Hall): It really.
916
01:54:20.020 --> 01:54:35.970
Speaker 14 (Community Hall): It really depends on the condition of the
space. I'm not a retail expert, admittedly. We primarily focus on office
space and housing, so it varies. We own another retail center, and
improvements can be $20 per square foot, they can be $250 per square
foot.
917
01:54:36.010 --> 01:54:43.120
Speaker 14 (Community Hall): Again, it really just depends on, is it a
restaurant user, what type of infrastructure is there that can be
reutilized, etc.
918
01:54:44.730 --> 01:54:48.729
Speaker 5 (Community Hall): Is that a question staff can comment on? What
sort of dollar amount are we looking at?
919
01:54:51.670 --> 01:54:57.289
Speaker 6 (Community Hall): If, the speaker's not a retail expert, I'm
even less of one, so I don't.
920
01:54:57.295 --> 01:55:03.415
Speaker 5 (Community Hall): I have a hard time believing the applicant
claiming not to be a retail expert, having had retail in the frontage for
a long time.
921
01:55:03.635 --> 01:55:08.544
Speaker 5 (Community Hall): I would love to hear… Even a back of the
envelope number.
922
01:55:08.545 --> 01:55:17.714
Speaker 14 (Community Hall): I really am not a retail expert. It's not my
focus. It's been an accessory use of some of the office that we own.
923
01:55:17.715 --> 01:55:33.624
Speaker 14 (Community Hall): So, I just want to admit, I am not a retail
expert, but if you use the, you know, upper end, and I… again, it just
depends on the condition of the space, you know, let's say you use $200
per square foot, you know, it's a little bit under 2,000 square feet,
let's say that puts you at, you know, close to $400,000.
924
01:55:34.075 --> 01:55:35.685
Speaker 5 (Community Hall): Okay, so we're talking about…
925
01:55:35.825 --> 01:55:41.545
Speaker 5 (Community Hall): $400,000 of tenant improvement. Question for
staff, what sort of permit fees would that be?
926
01:55:42.450 --> 01:55:48.779
Speaker 6 (Community Hall): I don't know those off the top of my head.
Tenant improvement fees are largely done through the building division as
well. Okay.
927
01:55:49.650 --> 01:55:57.440
Speaker 12 (Community Hall): So, can I ask you a question as well? Are
Panera and Voyager paying significantly below market rent?
928
01:55:57.760 --> 01:56:04.689
Speaker 12 (Community Hall): Compared to what they would have to pay in
other locations in the city that… You know, we're not…
929
01:56:05.730 --> 01:56:07.919
Speaker 12 (Community Hall): Give me that big COVID discount.
930
01:56:08.775 --> 01:56:25.915
Speaker 14 (Community Hall): Yes, I think Voyager is definitely paying
below market rent, because of when the lease was ultimately signed.
Panera is paying percentage rent, as I mentioned, because we, during
COVID, just decided, hey, we'll just agree to a low occupancy cost, and
so they're paying 8% of their
931
01:56:26.175 --> 01:56:33.024
Speaker 14 (Community Hall): their revenues, which is, I would say, on
the low side of, you know, a retailer's occupancy costs.
932
01:56:33.030 --> 01:56:35.639
Speaker 12 (Community Hall): Okay. Yeah, I mean, that's my concern, is
that…
933
01:56:35.830 --> 01:56:48.050
Speaker 12 (Community Hall): even if the… even if Voyager gets the tenant
improvement money from somewhere, and the impact fees are waived,
wherever they go, they'll probably be paying a lot higher rent than they
are now.
934
01:56:48.420 --> 01:56:52.940
Speaker 12 (Community Hall): And, you know, as we all know, restaurants
are not high-margin businesses.
935
01:56:53.850 --> 01:57:09.970
Speaker 14 (Community Hall): I would agree, and I don't want to speak for
Voyager either. They may have a different build-out, or, you know, again,
it really just depends on the infrastructure that's in the current space.
This was previously a Pete's Coffee, and they vacated during COVID, and
so that, again, that can change the build-out cost, so…
936
01:57:09.975 --> 01:57:15.525
Speaker 12 (Community Hall): Right. Yeah, I don't know how much of the
Pete's infrastructure they kept when… when they took over.
937
01:57:15.695 --> 01:57:16.945
Speaker 12 (Community Hall): Okay, thank you.
938
01:57:18.620 --> 01:57:19.460
Speaker 5 (Community Hall): Commissioner Rao.
939
01:57:19.660 --> 01:57:25.789
Speaker 5 (Community Hall): through the chair, we can't go from hearing
to hearing waiving $400K in fees. We just had a last hearing.
940
01:57:26.090 --> 01:57:36.930
Speaker 5 (Community Hall): Where we went through a 400K fee waiver for a
gate, essentially, and now we have another potential 400,000 fees or
more. We can't account for the permit.
941
01:57:37.470 --> 01:57:40.950
Speaker 5 (Community Hall): aspect, so maybe there's a friendly amendment
to this that
942
01:57:41.400 --> 01:57:47.710
Speaker 5 (Community Hall): Limits the fee waiver to just the permit
fees, and not the… Cost of tenant improvement.
943
01:57:48.055 --> 01:57:50.445
Speaker 12 (Community Hall): We're not waiving any fees here, that would…
944
01:57:50.635 --> 01:57:58.334
Speaker 12 (Community Hall): be up to either the City Council or the city
staff. We're not waiving any fees here, we can't come up with an amount.
So what was the.
945
01:57:58.335 --> 01:58:01.745
Speaker 5 (Community Hall): The motion was to encourage… It was to
encourage the…
946
01:58:03.945 --> 01:58:07.855
Speaker 5 (Community Hall): Can the motion be repeated again? It was to
encourage the city to do what?
947
01:58:09.050 --> 01:58:23.219
Speaker 9 (Community Hall): to basically do whatever they can to help the
displaced, but we can't put a dollar amount on it, because we don't know
what the city can or cannot do, so I don't know that, you know, that we
can start putting dollar amounts on this. Okay.
948
01:58:23.920 --> 01:58:29.419
Speaker 5 (Community Hall): As long as it's a good faith encouragement to
the city without putting a dollar amount on it, or a
949
01:58:29.790 --> 01:58:33.190
Speaker 5 (Community Hall): On a specific fee.
950
01:58:33.290 --> 01:58:35.469
Speaker 5 (Community Hall): I think we sort of leave it to the…
951
01:58:37.030 --> 01:58:39.569
Speaker 9 (Community Hall): To the economic development to see what they
can do.
952
01:58:40.000 --> 01:58:40.960
Speaker 9 (Community Hall): Agreed.
953
01:58:41.340 --> 01:58:43.760
Speaker 9 (Community Hall): I also, I think,
954
01:58:43.870 --> 01:58:58.410
Speaker 9 (Community Hall): the chair made a good point, and I think
maybe somebody else did too, but this really needs to be, an ongoing
program that we do for all of our retail establishments that get,
displaced, in the future.
955
01:58:59.200 --> 01:59:10.799
Speaker 9 (Community Hall): we can't be doing this piecemeal, so yeah, so
we should be looking at establishing a more structured, more formal
program. And that's also more fair to all the retailers.
956
01:59:11.475 --> 01:59:16.775
Speaker 12 (Community Hall): I mean, I can't see the city having the
money to do that. I mean, we've lost so much retail.
957
01:59:16.875 --> 01:59:20.094
Speaker 12 (Community Hall): Can you imagine us… paying for…
958
01:59:20.645 --> 01:59:30.455
Speaker 12 (Community Hall): House of Falafel, and United Furniture, and
I mean, it just goes on and on. I mean, we're gonna lose Marina Foods
eventually, if that ever gets built. I mean…
959
01:59:30.765 --> 01:59:35.645
Speaker 12 (Community Hall): Commissioner Rao has a good point. I mean,
you know, the city's running a deficit.
960
01:59:35.855 --> 01:59:45.025
Speaker 12 (Community Hall): You know, and the fees are set at a level to
recover costs. It's not profit for the city, so anything we don't collect
comes out of the general fund.
961
01:59:46.915 --> 01:59:53.575
Speaker 12 (Community Hall): So, it would be great to save Voyager. I
mean, I love that place, and I would hope the city could
962
01:59:54.055 --> 01:59:55.875
Speaker 12 (Community Hall): Come to some accommodation.
963
01:59:56.225 --> 02:00:01.915
Speaker 12 (Community Hall): But for a general policy for all businesses,
I think it needs to be on a case-by-case basis.
964
02:00:04.750 --> 02:00:09.120
Speaker 4 (Community Hall): And that would be something that's up to
economic development to make that recommendation.
965
02:00:09.125 --> 02:00:12.715
Speaker 12 (Community Hall): Not our… not up to us to do here.
966
02:00:12.715 --> 02:00:15.595
Speaker 4 (Community Hall): Party City will be harder for them to make
the…
967
02:00:15.595 --> 02:00:19.355
Speaker 12 (Community Hall): I already have a tenant. Yeah. I mean, they
went out of business, so…
968
02:00:19.355 --> 02:00:20.855
Speaker 4 (Community Hall): Had they won…
969
02:00:20.855 --> 02:00:38.214
Speaker 9 (Community Hall): to relocate. Yeah, no, you're right. It needs
to be case-by-case. We can't have something that's financially
prohibitive for the city, but something to help our displaced retail,
whatever, you know, whatever we can do that's financially feasible for us
as a city, I think we should definitely be looking at.
970
02:00:38.855 --> 02:00:43.234
Speaker 4 (Community Hall): You know, you had mentioned at one point
that, you know, that the,
971
02:00:44.135 --> 02:00:52.915
Speaker 4 (Community Hall): impact fees that were collected here were
significant, and I don't think that was an implication that the city was
trying to, you know, couldn't turn back.
972
02:00:53.065 --> 02:00:59.575
Speaker 4 (Community Hall): Yeah, turn back those. I wouldn't be
supportive of that, but I definitely think, you know, when…
973
02:01:01.145 --> 02:01:06.895
Speaker 4 (Community Hall): I could… I could be wrong on this. We had the
Starbook by the post office came for a hearing, so that they…
974
02:01:07.025 --> 02:01:14.235
Speaker 4 (Community Hall): Instead of… Instead of 9AM, I think. You
know, a conditional use permit modification, and I believe
975
02:01:14.745 --> 02:01:18.655
Speaker 4 (Community Hall): They asked about how much that cost, and it
was quite an expensive hearing.
976
02:01:18.915 --> 02:01:22.504
Speaker 4 (Community Hall): So those are the places where I hoped that
there would be an opportunity, you know?
977
02:01:22.655 --> 02:01:27.515
Speaker 4 (Community Hall): At that time, I believe that they were
talking about it as $25,000 or something like that.
978
02:01:27.875 --> 02:01:33.945
Speaker 4 (Community Hall): So that… I think that that really would be
the kinds of things that we would want to really say are, you know, as a
city.
979
02:01:34.045 --> 02:01:37.235
Speaker 4 (Community Hall): You know, are we willing to forgive some part
of that?
980
02:01:37.925 --> 02:01:42.585
Speaker 4 (Community Hall): To keep… to keep the businesses that are here
and want to stay here in town.
981
02:01:47.890 --> 02:01:49.990
Speaker 3 (Community Hall): Any further comments?
982
02:01:50.670 --> 02:01:53.330
Speaker 3 (Community Hall): Okay, then we will move to a vote.
983
02:01:53.550 --> 02:01:54.340
Speaker 3 (Community Hall): Wait…
984
02:01:54.345 --> 02:02:02.775
Speaker 12 (Community Hall): No, no, can you… So, is this a vote just for
the… suggestion that the city…
985
02:02:02.775 --> 02:02:09.534
Speaker 9 (Community Hall): It's a vote for approving the project as
recommended by staff, plus this amendment.
986
02:02:09.535 --> 02:02:14.294
Speaker 3 (Community Hall): And if it helps, we can separate the two
motions. We can move the staff recommendation.
987
02:02:14.295 --> 02:02:15.254
Speaker 12 (Community Hall): that, please.
988
02:02:16.285 --> 02:02:22.515
Speaker 4 (Community Hall): I don't know there's any reason to do that.
People should comment. I mean, I think people should comment on how they
feel about this.
989
02:02:22.515 --> 02:02:23.065
Speaker 20 (Community Hall): Sure.
990
02:02:23.595 --> 02:02:25.584
Speaker 20 (Community Hall): Okay, yeah, I mean…
991
02:02:26.740 --> 02:02:34.569
Speaker 12 (Community Hall): Unfortunately, with all the state laws, you
know, we will end up with projects that don't meet our development
standards.
992
02:02:34.710 --> 02:02:40.440
Speaker 12 (Community Hall): That violate the height, the setback, the…
Minimum parking, the lock coverage.
993
02:02:41.090 --> 02:02:47.569
Speaker 12 (Community Hall): The maximum density, the open space, the
tree removal, the landscaping, the inclusionary affordable housing.
994
02:02:47.690 --> 02:02:54.910
Speaker 12 (Community Hall): But for those of us that attended the
Planning Commission Academy, as we were told, we really have no
discretion anymore. These projects…
995
02:02:55.100 --> 02:02:57.930
Speaker 12 (Community Hall): You know, if you don't approve them.
996
02:02:58.280 --> 02:03:04.329
Speaker 12 (Community Hall): HCD will be contacted, you could be sued,
and you will always lose.
997
02:03:04.460 --> 02:03:08.049
Speaker 12 (Community Hall): So this is not… What we have discretion on.
998
02:03:08.410 --> 02:03:14.009
Speaker 12 (Community Hall): I know about the concerns of… The loss of
retail.
999
02:03:14.370 --> 02:03:18.340
Speaker 12 (Community Hall): The environmental issues, the affordable
housing that…
1000
02:03:18.550 --> 02:03:26.479
Speaker 12 (Community Hall): Those waivers, but… or concession, but we
really have no choice here. I would hate to lose Voyager.
1001
02:03:26.910 --> 02:03:27.830
Speaker 12 (Community Hall): Thank you.
1002
02:03:30.640 --> 02:03:39.209
Speaker 5 (Community Hall): Commissioner Rao? Yeah, I had more questions.
I don't think we are ready for a vote yet, unless you want to call the
vote chair, but I do… I do have a question for staff.
1003
02:03:39.560 --> 02:03:45.949
Speaker 5 (Community Hall): The 50 feet, does that include the rooftop
deck, or is the rooftop deck above the 50 feet?
1004
02:03:47.220 --> 02:03:49.040
Speaker 6 (Community Hall): It's to the highest point of the building.
1005
02:03:49.590 --> 02:03:54.690
Speaker 5 (Community Hall): Does that include the rooftop deck? Yes. The
top of the rooftop deck? Yes, the highest point.
1006
02:03:56.830 --> 02:03:57.740
Speaker 18 (Community Hall): Okay.
1007
02:03:58.570 --> 02:04:05.390
Speaker 5 (Community Hall): And was there any means by which staff could
have maintained 45 feet versus 50? My concern is we…
1008
02:04:05.610 --> 02:04:09.840
Speaker 5 (Community Hall): We have a number of these projects coming at
us, up and down Stevens Creek.
1009
02:04:10.180 --> 02:04:14.979
Speaker 5 (Community Hall): Up until now, I don't think we've approved 50
feet. Staff can correct me if I'm wrong.
1010
02:04:15.320 --> 02:04:17.930
Speaker 5 (Community Hall): Have you approved 50 feet on any other
projects so far?
1011
02:04:19.440 --> 02:04:23.110
Speaker 6 (Community Hall): Well, I think you had mentioned Westport
earlier, which was over 70.
1012
02:04:23.115 --> 02:04:23.545
Speaker 5 (Community Hall): which is,
1013
02:04:23.635 --> 02:04:24.655
Speaker 6 (Community Hall): different…
1014
02:04:24.660 --> 02:04:26.160
Speaker 5 (Community Hall): Different entity, yes.
1015
02:04:26.160 --> 02:04:26.990
Speaker 6 (Community Hall): 48.
1016
02:04:27.260 --> 02:04:31.780
Speaker 6 (Community Hall): Townhomes, they're typically running 40 or
more, some in the high 30s. Right.
1017
02:04:31.785 --> 02:04:37.285
Speaker 5 (Community Hall): So my concern here is that 40 feet, we are
already 10 feet over what the general plan
1018
02:04:37.505 --> 02:04:43.774
Speaker 5 (Community Hall): recommends for R3, or requires for R3. Here
we have single-family units at 50 feet.
1019
02:04:43.905 --> 02:04:46.845
Speaker 5 (Community Hall): The next project that comes along asks for 60
feet, and…
1020
02:04:47.535 --> 02:04:54.574
Speaker 5 (Community Hall): If I understand stuff right, we have no
ability to deny that, and they could go 60 and 70, and at what point can
we deny these?
1021
02:04:55.590 --> 02:05:11.470
Speaker 7 (Community Hall): So to clarify, the standard for residential
and heart of the City is 45 feet, and then, no, we do not… again, it's
the same findings for significant buildings, public health, and safety.
Those are the… that's the only criteria for which we can deny the waiver.
1022
02:05:11.645 --> 02:05:14.684
Speaker 5 (Community Hall): again, at what height can we deny these? I
think that's.
1023
02:05:14.685 --> 02:05:23.225
Speaker 6 (Community Hall): Unknown. I don't know. You… you would have to
be able to tie that back to some health and safety concern, something
specific.
1024
02:05:24.060 --> 02:05:26.500
Speaker 5 (Community Hall): And is that something that staff…
1025
02:05:28.640 --> 02:05:36.830
Speaker 5 (Community Hall): has a position on in terms of, I mean, is
this just… so the next project that we hear, let's say Bandley Drive is
going to be 60 feet?
1026
02:05:37.680 --> 02:05:39.599
Speaker 5 (Community Hall): And we'd have to approve that.
1027
02:05:41.770 --> 02:05:49.350
Speaker 6 (Community Hall): Again, I'm not going to speculate on what we
might get. We look at each project as it comes, but again, I think it's
been articulated here.
1028
02:05:49.680 --> 02:05:51.709
Speaker 6 (Community Hall): Under density bonus law.
1029
02:05:51.820 --> 02:06:01.780
Speaker 6 (Community Hall): We have obligations to look at the project as
designed, and unless you have specific reasons where you can cite a
specific health and safety impact.
1030
02:06:02.500 --> 02:06:06.909
Speaker 6 (Community Hall): There's really not a lot you can do. The
burden is on the city to make that finding.
1031
02:06:09.060 --> 02:06:14.380
Speaker 5 (Community Hall): And I'd like to invite the applicant up to
the podium if the applicant has any…
1032
02:06:14.630 --> 02:06:22.140
Speaker 5 (Community Hall): thoughts on whether the 45 feet versus 50
feet is required financially to make the project feasible. I believe the
law requires
1033
02:06:22.750 --> 02:06:24.639
Speaker 5 (Community Hall): Clarification on that?
1034
02:06:25.645 --> 02:06:35.835
Speaker 19 (Community Hall): the… there's no need for financial
feasibility for a waiver under state density bonus law. It's only for
concessions, it needs to be a cost savings, and that is not one of our
concessions.
1035
02:06:35.985 --> 02:06:36.705
Speaker 19 (Community Hall): Okay.
1036
02:06:40.955 --> 02:06:45.464
Speaker 19 (Community Hall): And just, I assume it'll be coming up. I
don't believe there's a second, just in case that's not lost.
1037
02:06:47.930 --> 02:06:50.220
Speaker 3 (Community Hall): Oh, I think there was a second to the motion.
1038
02:06:50.350 --> 02:06:57.410
Speaker 3 (Community Hall): I did have a… yes. I did have a clarifying
question for staff. So, you know, with this motion that is on the table.
1039
02:06:58.120 --> 02:07:08.370
Speaker 3 (Community Hall): the next step would just be that staff would
take it back and study options, and would those options be presented
anywhere to Council, or would they just be worked out?
1040
02:07:08.935 --> 02:07:13.194
Speaker 6 (Community Hall): In terms of options for the financial
feasibility? Or, or just… okay.
1041
02:07:13.200 --> 02:07:24.420
Speaker 3 (Community Hall): options in terms of helping the business
relocate. Whatever comes out of that exploration, what would happen with
that?
1042
02:07:25.620 --> 02:07:42.159
Speaker 6 (Community Hall): That's a good question. I think we could
report out what is feasible. I mean, I think some things, like fee
waivers, are a direct request. Can you do it or not? But I think all…
some of the discussions sort of went on to, like, policies in terms of
all businesses, some businesses, where do you draw the line?
1043
02:07:43.520 --> 02:07:51.749
Speaker 6 (Community Hall): I would think it's open to discussion that
the city will be having, because this is already… preservation of retail
is already something
1044
02:07:51.980 --> 02:07:54.909
Speaker 6 (Community Hall): It's getting looked at through the work
program, and is…
1045
02:07:55.110 --> 02:07:59.299
Speaker 6 (Community Hall): generating comments at most public meetings
these days.
1046
02:07:59.510 --> 02:08:01.180
Speaker 6 (Community Hall): But I think in terms of…
1047
02:08:02.120 --> 02:08:12.989
Speaker 6 (Community Hall): specific assistance for this project, we
could look at what is feasible of the things that have been mentioned. So
that would be, you know, communicating with our economic development
staff and others to see
1048
02:08:13.150 --> 02:08:15.289
Speaker 6 (Community Hall): What… what would even be possible?
1049
02:08:16.440 --> 02:08:20.359
Speaker 9 (Community Hall): Great, thank you very much. And would that
get reported back to us, or to the Council?
1050
02:08:20.585 --> 02:08:30.504
Speaker 6 (Community Hall): It would definitely be what we could between
now and the council meeting in two weeks. Okay. And I would be happy to
follow up, too, with this body to just say what we found based on this
discussion. That would be great.
1051
02:08:30.505 --> 02:08:31.845
Speaker 9 (Community Hall): Thank you. Yeah.
1052
02:08:31.845 --> 02:08:39.115
Speaker 4 (Community Hall): without making any change to the motion
that's on the table, I would just say that because this is on an
expedited schedule.
1053
02:08:39.595 --> 02:08:40.604
Speaker 4 (Community Hall): I think that…
1054
02:08:41.555 --> 02:08:47.874
Speaker 4 (Community Hall): Certainly from my side, I would say we would
recommend that this be something that you prepare for part of the,
Council.
1055
02:08:48.005 --> 02:08:54.025
Speaker 4 (Community Hall): presentation, you know, that would include,
you know, if it's impossible to include outreach to the, you know, Panera
and to…
1056
02:08:55.005 --> 02:08:58.735
Speaker 4 (Community Hall): You know, to both guys here.
1057
02:08:59.305 --> 02:09:02.205
Speaker 6 (Community Hall): Correct, and obviously we have time because
the…
1058
02:09:02.475 --> 02:09:06.415
Speaker 6 (Community Hall): Approval and relocation could happen some
distance apart as well.
1059
02:09:08.530 --> 02:09:22.560
Speaker 5 (Community Hall): Question for staff, does staff go through the
heart of the city-specific plan to ensure that every objective…
1060
02:09:23.020 --> 02:09:27.139
Speaker 5 (Community Hall): standard within the Heart of the City
specific plan.
1061
02:09:27.440 --> 02:09:31.840
Speaker 5 (Community Hall): Is either waived by the applicant or is
adhered to.
1062
02:09:32.890 --> 02:09:36.769
Speaker 6 (Community Hall): We look at the heart of the city, some of it
is objective, some of it is not.
1063
02:09:37.710 --> 02:09:43.040
Speaker 5 (Community Hall): To the extent that specific standards are
quantified and therefore objective.
1064
02:09:43.430 --> 02:09:47.890
Speaker 5 (Community Hall): Is the expectation that either the applicant
adheres to that, or it is waived?
1065
02:09:49.460 --> 02:09:55.630
Speaker 6 (Community Hall): Especially where they're referenced in the
general plan, yes. If there is an objective, measurable standard, yes.
1066
02:09:55.870 --> 02:10:01.030
Speaker 5 (Community Hall): And if the applicant has not explicitly
sought a waiver of something that is deemed objective.
1067
02:10:01.460 --> 02:10:07.000
Speaker 5 (Community Hall): Would that be basis for finding that the
project is not in compliance with the heart of the City-specific plan?
1068
02:10:07.850 --> 02:10:11.519
Speaker 6 (Community Hall): Oh, the one thing to keep in mind is there's
an unlimited number of waivers.
1069
02:10:11.960 --> 02:10:15.629
Speaker 5 (Community Hall): Sure, but we can only comment on the waivers
that are in the agenda packet.
1070
02:10:16.270 --> 02:10:17.000
Speaker 5 (Community Hall): True.
1071
02:10:17.560 --> 02:10:21.260
Speaker 5 (Community Hall): The applicant may then choose to come back
with a different application.
1072
02:10:21.260 --> 02:10:33.850
Speaker 9 (Community Hall): I'm sorry, if I can interrupt, this sounds
like you're trying to learn how to do your job, and this doesn't sound
relevant to the agenda item right now. If you're trying to figure out how
to be a planning commissioner, I would…
1073
02:10:33.855 --> 02:10:38.254
Speaker 5 (Community Hall): Yeah, the comment is not appropriate. The
commissioner was not recognized through the chair.
1074
02:10:39.010 --> 02:10:44.080
Speaker 3 (Community Hall): Okay, I'd just like to ask that we all be
respectful. Do you have any final questions?
1075
02:10:44.180 --> 02:10:45.330
Speaker 3 (Community Hall): for staff.
1076
02:10:45.525 --> 02:10:46.094
Speaker 18 (Community Hall): I do.
1077
02:10:46.135 --> 02:10:54.874
Speaker 5 (Community Hall): I don't think the comment was complete yet.
So, under what basis would this project be viewed non-compliant with the
Heart of the City-specific plan?
1078
02:10:56.750 --> 02:11:02.370
Speaker 6 (Community Hall): I would need something more specific than
that. I don't know if there's something you have specifically in mind.
1079
02:11:02.375 --> 02:11:07.364
Speaker 5 (Community Hall): So specifically, if there are objective
standards in the Heart of the City-specific plan.
1080
02:11:07.575 --> 02:11:10.034
Speaker 5 (Community Hall): That were not explicitly sought as a waiver.
1081
02:11:10.385 --> 02:11:15.485
Speaker 5 (Community Hall): Would that be basis for… Finding the project
not compliant with the heart of the City-specific plan.
1082
02:11:16.580 --> 02:11:20.260
Speaker 6 (Community Hall): I'm not aware of anything it's not compliant
with. Okay.
1083
02:11:20.265 --> 02:11:27.204
Speaker 5 (Community Hall): staff's opinion, this… Has been assessed to
see everything that is objective has either been accepted or waived.
1084
02:11:27.585 --> 02:11:29.714
Speaker 5 (Community Hall): Yeah, that is correct, yes. Okay.
1085
02:11:30.780 --> 02:11:31.370
Speaker 18 (Community Hall): Thank you.
1086
02:11:32.210 --> 02:11:45.739
Speaker 3 (Community Hall): Thank you. I just wanted to briefly comment.
First of all, thank you to the applicant. I know that you have put a lot
of thought into this, and you did want to make the retail work, and that
was a challenge. I also want to thank the community for
1087
02:11:45.780 --> 02:11:56.739
Speaker 3 (Community Hall): you know, coming out and making your money
comments. We hear you on, especially on the business front, and, you
know, we hope that there are ways that we can assist in the relocation.
1088
02:11:57.250 --> 02:12:15.609
Speaker 3 (Community Hall): If that happens. But, you know, in general, I
do think that this is a good location for housing, and it should be
actually very supportive to the businesses around it that do remain. You
know, again, hopefully we can find a home for Voyager and Panera.
1089
02:12:15.800 --> 02:12:18.770
Speaker 3 (Community Hall): Those are my comments. Any other comments
from the Commission? Yeah, yeah.
1090
02:12:18.775 --> 02:12:20.025
Speaker 4 (Community Hall): A couple comments as well.
1091
02:12:20.205 --> 02:12:35.645
Speaker 4 (Community Hall): One of them, one of them I've made in other
hearings as well, you did, you did comment on the financial benefit of
this project to the city. I would encourage you to reach out to FUHSD and
CUSD, the school districts, and, you know.
1092
02:12:35.765 --> 02:12:43.204
Speaker 4 (Community Hall): Cupertino values the school districts highly
here, and having a report on that, the impact of
1093
02:12:43.515 --> 02:12:52.545
Speaker 4 (Community Hall): of new home development, you know, with Prop
13, the impact is significant and appreciated without you, you know,
making any… trying to cut any kind of deal.
1094
02:12:52.735 --> 02:12:55.064
Speaker 4 (Community Hall): But if there's an opportunity to find a
synergy.
1095
02:12:55.565 --> 02:13:02.924
Speaker 4 (Community Hall): to find a synergy or something that makes
these things work better, you know, I think it would really be great. I
know they're very open to having that discussion.
1096
02:13:04.805 --> 02:13:11.904
Speaker 4 (Community Hall): Number two item… I… I'm surprised nobody
commented on this. I thought that the arborist report was really notable.
It was very interesting.
1097
02:13:12.115 --> 02:13:20.145
Speaker 4 (Community Hall): Often it is not. So this one was, you know,
one of the things that I saw in the report was that I…
1098
02:13:20.425 --> 02:13:32.945
Speaker 4 (Community Hall): initially was surprised, given the number of
trees that were going to be removed. That's part of building things, and
it was even clear in the staff report that there were issues about, you
know, the site is somewhat overgrown because of the history.
1099
02:13:33.125 --> 02:13:39.295
Speaker 4 (Community Hall): But I thought it was very clear in the
arborist report that it was kind of, a lot of the…
1100
02:13:39.435 --> 02:13:45.794
Speaker 4 (Community Hall): where it is at today was detrimental, and I
think it was very supportive of the… of the kind of plan.
1101
02:13:45.965 --> 02:13:53.915
Speaker 4 (Community Hall): a number of things that were embodied in the
plan you had. So, one of the things I would, again, I just, as a comment,
perhaps as a comment to staff.
1102
02:13:54.075 --> 02:13:56.295
Speaker 4 (Community Hall): That…
1103
02:13:59.245 --> 02:14:13.845
Speaker 4 (Community Hall): the number, you know, when it's expressed as
a ratio, expressed as a count on a table, that's something I think that
we want to embody good practice in the way that we do things, you know,
in every element of what we do, which includes the landscape plan.
1104
02:14:13.875 --> 02:14:20.364
Speaker 4 (Community Hall): And that, you know, the arborist actually was
pretty… I'm surprised they're just pretty outspoken compared to what I've
normally seen here, that…
1105
02:14:20.415 --> 02:14:36.565
Speaker 4 (Community Hall): That, well, you know, you don't want to have
a wonderful one replanting here. One of the ones that was particular… in
light of some of the comments we've had here today, one of the things
that was happening was that you were preserving a number of pear trees
that I think the arborists just didn't like at all.
1106
02:14:38.155 --> 02:14:52.064
Speaker 4 (Community Hall): So I would… I would actually say that this is
an example of a place where, you know, maybe there's an opportunity to be
forward-thinking and to kind of honor the intent of the heart of the city
without necessarily sticking with a tree that might not have been a good
choice.
1107
02:14:52.295 --> 02:15:03.294
Speaker 4 (Community Hall): Now, again, given the comments we've had here
today, you probably shouldn't touch those trees, but, you know, I would
just consider that. This is something where, you know.
1108
02:15:03.385 --> 02:15:13.085
Speaker 4 (Community Hall): At Apple Park, it's quite notable. There are
a lot of stories about, you know, the way that the planting was done
there. It's very forward-thinking.
1109
02:15:13.245 --> 02:15:17.715
Speaker 4 (Community Hall): And there's an opportunity here to, to do
that in this site as well.
1110
02:15:18.055 --> 02:15:24.825
Speaker 4 (Community Hall): Let's see… we… we had commented at the very
outset about net laws.
1111
02:15:25.235 --> 02:15:28.874
Speaker 4 (Community Hall): And that was actually one of the big
concerns, you know. Again.
1112
02:15:28.925 --> 02:15:45.244
Speaker 4 (Community Hall): The report is absolutely correct in that the
number of units produced is… puts us at a much larger deficit,
particularly in, you know, the very low-income area rate, because these
are for sale, and they're going to be very expensive.
1113
02:15:45.635 --> 02:15:48.175
Speaker 4 (Community Hall): expensive units.
1114
02:15:48.555 --> 02:16:01.195
Speaker 4 (Community Hall): I do think that it is notable that much of
this site was not intended, as they were not designated housing element
areas, and that that does mean that for the area… for the other, you
know, three parcels.
1115
02:16:01.195 --> 02:16:09.114
Speaker 4 (Community Hall): There's a significant number of more homes
being presented there, and I hope that, I would encourage you, again, in
preparation for the City Council meeting.
1116
02:16:09.125 --> 02:16:10.075
Speaker 4 (Community Hall): that you…
1117
02:16:10.235 --> 02:16:29.894
Speaker 4 (Community Hall): take the most favorable, positive way, you
know, reasonable interpretation of that, so that people coming into that
can understand, you know, this is a plus. Overall, it is a plus. You
know, we're coming out… we're coming out way ahead here, as opposed to
being way, way, way behind. You know, you see that number, the negative…
1118
02:16:29.985 --> 02:16:47.435
Speaker 4 (Community Hall): 250 or something, and it, you know, that kind
of speaks to that there is a problem, and we've spoken about it as a
group, that the nature of the projects that are coming forward, you know,
with townhomes in particular, are causing, you know, causing
significantly lower density, right?
1119
02:16:47.545 --> 02:16:49.025
Speaker 4 (Community Hall): But…
1120
02:16:49.195 --> 02:17:04.574
Speaker 4 (Community Hall): these are the projects that can get built
today. That makes them, you know, that brings value here. And, you know,
and I think that these will be healthy things for the city. You know, we
have fewer of the… fewer of the issues about the, you know, 80-foot-tall
building.
1121
02:17:05.065 --> 02:17:10.764
Speaker 4 (Community Hall): I also do also want to comment, that I did
also think it was notable,
1122
02:17:11.014 --> 02:17:15.654
Speaker 4 (Community Hall): this project's team, development team, was
unusually tied to, Cupertino.
1123
02:17:15.895 --> 02:17:30.894
Speaker 4 (Community Hall): You know, there's, having, people who are
long-time residents and who grew up here, so, you know, I think… I think
that's good. That actually showed to me in terms of the consideration for
how this is going to interface with the city. You know, it's not…
1124
02:17:31.075 --> 02:17:37.094
Speaker 4 (Community Hall): This is not a math problem to solve. This is,
you know, this is a place that, you know, that you are a part of.
1125
02:17:37.325 --> 02:17:42.085
Speaker 4 (Community Hall): So I, I think that that, you know, that, that
is, meaningful as well.
1126
02:17:42.455 --> 02:17:54.424
Speaker 4 (Community Hall): That particular site, I worked at Apple for
13 years, starting at the very beginning of my career. The amount of
positive mojo that is in that site is, kind of out of this world.
1127
02:17:54.545 --> 02:18:01.194
Speaker 4 (Community Hall): The number of things that changed people's
lives that were developed in those buildings. Pretty darn incredible.
1128
02:18:01.424 --> 02:18:05.594
Speaker 4 (Community Hall): And I believe that is it for my comments.
Thank you very much.
1129
02:18:08.030 --> 02:18:10.940
Speaker 3 (Community Hall): Thank you, Commissioner Fung. Do we have any
other… Commissioner Lenskog?
1130
02:18:11.219 --> 02:18:19.389
Speaker 9 (Community Hall): Yeah, just have a quick comment. I do want to
commend the developer. I know you guys have worked really hard at trying
to come up with an attractive,
1131
02:18:19.619 --> 02:18:26.829
Speaker 9 (Community Hall): well-thought-through development, and it
shows. You know, it's like pages after pages of really thoughtful
details, and
1132
02:18:26.999 --> 02:18:35.659
Speaker 9 (Community Hall): I know the retail is a tough one, and I know
you guys tried, so thank you for that. I mean, I know we've gone back and
forth on it quite a bit.
1133
02:18:35.659 --> 02:18:47.739
Speaker 9 (Community Hall): But I do want to commend you guys for the
effort you've put into thinking through all the details and trying to
make this development as the best it can be, and I think it's going to be
a real asset to the community, so thank you.
1134
02:18:49.840 --> 02:18:51.400
Speaker 3 (Community Hall): Thank you. Any other comments?
1135
02:18:52.040 --> 02:18:53.419
Speaker 20 (Community Hall): Vice Chair. Vice Chair?
1136
02:18:54.299 --> 02:18:57.479
Speaker 18 (Community Hall): Nope. I, I, yeah. Yes, Commissioner Rao?
1137
02:18:57.799 --> 02:19:00.999
Speaker 5 (Community Hall): I can go next. Yes, he said he did not have a
comment.
1138
02:19:01.410 --> 02:19:04.400
Speaker 18 (Community Hall): Do you want me to go next, or… Commissioner
Ralph, yes.
1139
02:19:04.540 --> 02:19:20.090
Speaker 5 (Community Hall): Yeah, so I'd like to firstly congratulate the
applicant. I think this is a good project. I think it adds housing to the
community in an area that is not surrounded by single-family homes, and
therefore is least disruptive to the neighborhood in terms of single-
family homes. I think this is a…
1140
02:19:20.250 --> 02:19:29.669
Speaker 5 (Community Hall): good addition to the businesses that are
surrounding your property. The YMCA will appreciate, hopefully, new
memberships that will come from your development.
1141
02:19:29.790 --> 02:19:37.239
Speaker 5 (Community Hall): Happy Days. We'll probably look forward to
young toddlers coming in at walking distance from this property. I think
the…
1142
02:19:37.469 --> 02:19:49.130
Speaker 5 (Community Hall): project is styled attractively.
Architecturally. I think these are well-designed projects. I want to
congratulate Kevin and the team on the work that's gone into this, so I
think this is a good, stylish addition to the
1143
02:19:49.270 --> 02:19:53.140
Speaker 5 (Community Hall): Stevens Creek stretch that we're seeing a
number of projects coming up.
1144
02:19:53.480 --> 02:20:03.450
Speaker 5 (Community Hall): I do appreciate the community recreational
area that you're gonna have. That is something that not all projects
have, and you've been thoughtful to provide that, so it certainly speaks
to your
1145
02:20:03.450 --> 02:20:19.859
Speaker 5 (Community Hall): long-term ownership of the site. I know your
family has been involved with the site for 45 years, and that kind of
long-term ownership is very rare in commercial real estate. It's often
transactional, it's sold every 5 years, every 10 years, and so holding
and operating a site for 45 years is very, very rare, so I want to
1146
02:20:19.920 --> 02:20:26.690
Speaker 5 (Community Hall): I want to thank you for having that sort of
skin in the game in the community. I think that's really appreciated, and
the fact that you're…
1147
02:20:27.020 --> 02:20:32.840
Speaker 5 (Community Hall): Turning it into thoughtful development shows
that you've… You've really appreciated what
1148
02:20:32.940 --> 02:20:37.709
Speaker 5 (Community Hall): That property has been to you as a property
for your family, and so…
1149
02:20:37.810 --> 02:20:46.040
Speaker 5 (Community Hall): Certainly, we appreciate all of that. I also
appreciate the art that you are going to maintain on the property. Again,
we don't see that many times.
1150
02:20:46.320 --> 02:20:49.329
Speaker 5 (Community Hall): developers used to do the art in Luffy's.
1151
02:20:50.150 --> 02:21:07.689
Speaker 5 (Community Hall): And so that's, that's going to be a net
positive addition. So overall, I think we have a win-win here in terms of
adding new units, architecturally appealing units, adding units where
there is no disruption to the neighborhood, that brings in business to
Target, to happy days and everything else.
1152
02:21:07.750 --> 02:21:24.010
Speaker 5 (Community Hall): There are a few things I would encourage you
to consider. We've talked about more trees in the off-site area, which is
the street frontage. If you might work with the public works to see if
you can accommodate a few more trees, I think that'll make your property
more appealing to your buyers, because ultimately.
1153
02:21:24.170 --> 02:21:28.169
Speaker 5 (Community Hall): you are competing with a lot of development
happening up and down Stevens Creek, and…
1154
02:21:28.300 --> 02:21:33.810
Speaker 5 (Community Hall): I will say that this is an architecturally
superior product to much of what we have seen so far, so that there is
that.
1155
02:21:34.250 --> 02:21:38.140
Speaker 5 (Community Hall): I will also encourage you to think about, you
know, 50 feet.
1156
02:21:38.640 --> 02:21:53.700
Speaker 5 (Community Hall): You have a community that is immigrant-rich,
and a community that tends to bring in aging parents, aging in-laws,
young kids, and you want to really think about, if not for this one,
maybe your next project, whether 50 feet, is really the kind of home
1157
02:21:53.870 --> 02:22:05.709
Speaker 5 (Community Hall): that suits your buyer. You're building at
3,600 square feet down to about 2,300 square feet. When you're at 2,600
to 3,600 square feet, those are not starter homes, typically. Those are
homes that you're going to price up.
1158
02:22:05.720 --> 02:22:16.030
Speaker 5 (Community Hall): In the range, those are homes that people
live in for a long term. They lock in their tax bases, they stay at that
tax basis, and so climbing up and down 50 feet is not trivial, and so I'd
encourage you to
1159
02:22:16.170 --> 02:22:20.910
Speaker 5 (Community Hall): really think about the persona you're
building for. Is it the starter home persona? Is it the…
1160
02:22:21.370 --> 02:22:27.380
Speaker 5 (Community Hall): the buyer that can afford a $3,600 home and
wants to nest in that home for the long term. So those are some things to
consider.
1161
02:22:27.580 --> 02:22:31.099
Speaker 5 (Community Hall): In terms of retail, I would encourage you to
work with the tenant.
1162
02:22:31.240 --> 02:22:41.910
Speaker 5 (Community Hall): Maintaining goodwill always works well, so
anything you can do to feed some lease termination fees into the tenant,
I know we've got a commission that
1163
02:22:42.020 --> 02:22:50.870
Speaker 5 (Community Hall): would like a broader, motion that encourages
the city to do things, but as you know, the city is running a deficit,
and so I'd encourage you to
1164
02:22:50.990 --> 02:23:00.380
Speaker 5 (Community Hall): In good faith, see what you can do to help
the tenant out, especially in, turning some of these shelves that we have
sitting vacant into, into dollars.
1165
02:23:00.480 --> 02:23:07.519
Speaker 5 (Community Hall): That you can help them out with. And then
finally, I will also add, for your benefit, you know, every project
that's come here.
1166
02:23:07.690 --> 02:23:11.400
Speaker 5 (Community Hall): there has been some negotiation, some give
and take. We've had…
1167
02:23:11.560 --> 02:23:25.940
Speaker 5 (Community Hall): One developer that literally gave up a third
floor, not asking you to do that, but literally gave up a third floor
because the single-family neighborhood came in here, and in the hearing,
we did actually have that change. We had another developer work with
staff ahead of time.
1168
02:23:26.180 --> 02:23:27.100
Speaker 5 (Community Hall): 2…
1169
02:23:27.360 --> 02:23:41.770
Speaker 5 (Community Hall): change some of the tree layouts, change some
of the setbacks on another property that overlooked single-family homes.
We do not have those circumstances here, but we do have retail. And so
I'd encourage you, just in the spirit of community, to see how we can
help the retail out.
1170
02:23:41.930 --> 02:23:43.199
Speaker 5 (Community Hall): That's all I have, thank you.
1171
02:23:45.230 --> 02:23:47.489
Speaker 3 (Community Hall): Thank you. Any other comments from the
Commission?
1172
02:23:47.740 --> 02:23:50.909
Speaker 3 (Community Hall): Do we have any other comments on the motion
at hand before voting?
1173
02:23:51.850 --> 02:23:56.050
Speaker 3 (Community Hall): Okay, if not, we will… City Clerk, will you
please have the vote?
1174
02:24:07.100 --> 02:24:08.860
Speaker 2 (Community Hall): The motion carries unanimously.
1175
02:24:11.430 --> 02:24:15.079
Speaker 3 (Community Hall): Thank you very much. Then we will move on to…
1176
02:24:15.320 --> 02:24:20.740
Speaker 3 (Community Hall): Old business, none, new business, we also
have none. Do we have any staff and commission reports?
1177
02:24:22.160 --> 02:24:39.059
Speaker 6 (Community Hall): The only thing I can think of, and I'm
probably blanking on some upcoming projects, because I know they're out
there, but, as you know, we're dealing with the no net loss situation.
We're planning to take a contract to get our housing element consultant,
Place Works, on board on April 7.
1178
02:24:39.620 --> 02:24:51.209
Speaker 6 (Community Hall): So, hoping one of the meetings in April that
we may have a discussion here prior to the consultant being involved. I
don't think they'll be able to make that meeting, because they should
have just gotten on board.
1179
02:24:51.460 --> 02:25:01.950
Speaker 6 (Community Hall): But, to maybe have a discussion on a very
general sense, to be looking at available or potential housing sites,
that we can start getting something so…
1180
02:25:02.430 --> 02:25:12.340
Speaker 6 (Community Hall): we get that discussion initiated ahead of our
consultant coming. We obviously already have ideas, which we discussed at
the March 3rd City Council meeting, but…
1181
02:25:12.670 --> 02:25:23.399
Speaker 6 (Community Hall): given that time is really of the essence on
that, I think that would be a good forum to have for this commission. So,
I'm not sure if it'd be first or second meeting, but I'd like to get it
in April.
1182
02:25:24.980 --> 02:25:36.609
Speaker 3 (Community Hall): Excellent. Thank you so much, Assistant
Director Connolly. It's good to have the heads up in advance so we can,
you know, start thinking about potential housing sites that we may want
to bring forth. So, thank you. Do we have any other Commission reports?
1183
02:25:37.560 --> 02:25:39.780
Speaker 3 (Community Hall): Commissioner Scharf? Oh, sorry, Vice Chair.
1184
02:25:40.280 --> 02:25:46.419
Speaker 12 (Community Hall): It doesn't matter. Yeah, I just wanted to
give a short report on the Planning Commissioner Academy that
1185
02:25:46.590 --> 02:25:53.519
Speaker 12 (Community Hall): I attended in Anaheim, The chair, and…
Commissioner Rao also attended.
1186
02:25:53.630 --> 02:26:00.470
Speaker 12 (Community Hall): So… I don't know how to say this so it
doesn't sound wrong, but…
1187
02:26:00.770 --> 02:26:03.710
Speaker 12 (Community Hall): we're really fortunate in Cupertino to have
a…
1188
02:26:03.830 --> 02:26:12.200
Speaker 12 (Community Hall): planning commission that really understands
all these housing issues. And talking to some of the other
1189
02:26:12.400 --> 02:26:15.389
Speaker 12 (Community Hall): Commissioners from cities, that is not
always the case.
1190
02:26:15.590 --> 02:26:18.990
Speaker 12 (Community Hall): And I would say, in nearly every session we
went to.
1191
02:26:20.150 --> 02:26:34.380
Speaker 12 (Community Hall): when it was time for questions, I was up
there, the chair was up there, Santosh was up there, and we all had
really good questions, because we have the experience. We're one of the
first cities that faced AB130 projects,
1192
02:26:34.510 --> 02:26:39.840
Speaker 12 (Community Hall): We also… As I mentioned, we're the poster
child for SB35 projects.
1193
02:26:40.020 --> 02:26:40.930
Speaker 12 (Community Hall): Bam.
1194
02:26:41.160 --> 02:26:50.449
Speaker 12 (Community Hall): SB35 has been modified multiple times,
including one modification that was done just for one city, Cupertino.
1195
02:26:51.200 --> 02:26:58.409
Speaker 12 (Community Hall): I would say some of the speaker things to
take away, one speaker really urged us
1196
02:26:58.570 --> 02:27:04.909
Speaker 12 (Community Hall): urge cities to have legislative review
committees, because there are so many state laws on housing.
1197
02:27:05.250 --> 02:27:19.729
Speaker 12 (Community Hall): there were… the last day, Cal Cities
presented a list of the upcoming housing laws going through the
legislature. There's 46 new housing laws going through. Some of them are
trying to clean up older laws, some are new laws.
1198
02:27:19.880 --> 02:27:31.450
Speaker 12 (Community Hall): Some are harmless, some are very harmful, so
it's very urgent that we stay on top of this. So I'm so glad our city
council reestablished the Legislative Review Committee after
1199
02:27:31.570 --> 02:27:36.050
Speaker 12 (Community Hall): Previous city council, unfortunately, had
gotten rid of it.
1200
02:27:36.220 --> 02:27:50.949
Speaker 12 (Community Hall): Another speaker urged cities to keep their
impact and in-lieu fees up to date, continue to do nexus studies, because
most cities are falling behind on what those in-lieu fees should actually
be, and the impact fees.
1201
02:27:51.090 --> 02:27:54.800
Speaker 12 (Community Hall): Yeah, the last day, the Cal Cities.
1202
02:27:54.910 --> 02:28:05.380
Speaker 12 (Community Hall): advocate went… legislative advocate went
through all those housing bills very fast. Too fast, in my opinion. That
should have been a 2-hour session, not a 30-minute session.
1203
02:28:07.460 --> 02:28:12.279
Speaker 12 (Community Hall): I do have a list of all 46 laws, but I'm not
going to go through them right now.
1204
02:28:12.440 --> 02:28:13.860
Speaker 12 (Community Hall): So, thank you.
1205
02:28:15.400 --> 02:28:18.030
Speaker 3 (Community Hall): Thank you very much, Vice Chair, Commissioner
Rao?
1206
02:28:18.860 --> 02:28:27.109
Speaker 5 (Community Hall): Thank you. I would echo what the, what the
Vice Chair said. I think it was really good to have the opportunity to
1207
02:28:27.510 --> 02:28:33.289
Speaker 5 (Community Hall): to get to know peer commissioners and staff
from other cities, I think this is,
1208
02:28:33.460 --> 02:28:40.360
Speaker 5 (Community Hall): Actually, something that even locally, maybe
there are opportunities for us to pursue in a low-cost way. Maybe there
are future agenda items that
1209
02:28:40.600 --> 02:28:43.299
Speaker 5 (Community Hall): Allow us to do a study session with other
1210
02:28:43.880 --> 02:28:58.099
Speaker 5 (Community Hall): planning departments that we might invite, or
they might invite, so we should explore low-cost ways of having local
chapters. I think one point that I will add to the conversation is it is
a study… it's a tale of two cities. You had
1211
02:28:58.270 --> 02:29:05.799
Speaker 5 (Community Hall): a number of small towns that had very little
in common with the kinds of issues that we have. And then we had a number
of these
1212
02:29:06.010 --> 02:29:13.830
Speaker 5 (Community Hall): larger population cities, you know, Walnut
Creek, Dublin, San Ramon, Palo Alto, Sunnyvale, we could go down the
list.
1213
02:29:13.990 --> 02:29:26.629
Speaker 5 (Community Hall): and the equivalent in Southern California
that really share the same set of challenges. And so, to the extent that
several of those are in this area, I would encourage staff and chair to
look at future agenda setting as an opportunity to
1214
02:29:26.720 --> 02:29:43.909
Speaker 5 (Community Hall): just invite some of those people in in ways
that don't cost us anything, and maybe they will reciprocate, and we will
get to attend theirs, because I think there's a lot to be learned in
sharing how staff approach these projects, how commissioners approach
these projects, and what are some creative ways we may use to really
1215
02:29:44.190 --> 02:29:49.929
Speaker 5 (Community Hall): Work within the bounds of the state laws, but
still find ways to advance the community's needs.
1216
02:29:50.050 --> 02:30:02.039
Speaker 5 (Community Hall): A couple of specific things that came out. I
had questions about AB130, and it was clear there was a lot of academic
knowledge, but nobody had seen the project so far. I understand Mountain
View has a project.
1217
02:30:02.670 --> 02:30:05.290
Speaker 5 (Community Hall): I think it's Mountain View, or maybe it's
Palo Alto.
1218
02:30:05.450 --> 02:30:08.959
Speaker 5 (Community Hall): But, that did not come up from the Mountaine
Commissioners who were there.
1219
02:30:09.180 --> 02:30:18.499
Speaker 5 (Community Hall): So to the extent that we can, I think we
should refine our AB130 understanding and even advance that through
sessions that staff may offer.
1220
02:30:18.640 --> 02:30:24.220
Speaker 5 (Community Hall): I think given the, as the Vice Chair said,
given the amount of knowledge the city has, I would like to see us
1221
02:30:24.820 --> 02:30:38.400
Speaker 5 (Community Hall): put forth more speaking sessions at
CalCities. Maybe staff can do speaking sessions, even if it's not the
annual meeting, maybe there's virtual meetings where staff can do
speaking sessions, commissioners can do speaking sessions, maybe we can
do joint speaking sessions, so I think
1222
02:30:38.610 --> 02:30:42.710
Speaker 5 (Community Hall): Clearly, either our city is outspoken, or
thoughtful, or both.
1223
02:30:43.240 --> 02:30:49.839
Speaker 5 (Community Hall): We're able to… they're able to advance things
that I think we did not see from the other commissioners.
1224
02:30:49.980 --> 02:30:53.870
Speaker 5 (Community Hall): It was also striking to me how many of the
commissioners in that room
1225
02:30:54.060 --> 02:30:57.630
Speaker 5 (Community Hall): We're actually in the profession directly,
either as a developer.
1226
02:30:57.780 --> 02:31:02.430
Speaker 5 (Community Hall): As an employee of a developer, as a public
works civil engineer.
1227
02:31:02.610 --> 02:31:06.940
Speaker 5 (Community Hall): As an architect, and so it was incredible to
see how
1228
02:31:07.050 --> 02:31:08.900
Speaker 5 (Community Hall): Few of them were actually just
1229
02:31:09.290 --> 02:31:12.749
Speaker 5 (Community Hall): Members of the community at large that were
able to offer
1230
02:31:12.950 --> 02:31:19.659
Speaker 5 (Community Hall): thoughtful input without necessarily being in
the profession themselves. It also begs the question of how do you
separate the
1231
02:31:19.800 --> 02:31:20.810
Speaker 5 (Community Hall): the,
1232
02:31:21.210 --> 02:31:27.669
Speaker 5 (Community Hall): the professional side of wanting to approve
certain things versus the community side of it, so it certainly begs that
question.
1233
02:31:27.860 --> 02:31:33.669
Speaker 5 (Community Hall): That's all I have. I think it's a great
opportunity to see how we can locally recreate some of that. Thank you.
1234
02:31:35.200 --> 02:31:45.420
Speaker 3 (Community Hall): Thank you very much, and I also have a
commission report on this topic, but I submitted it for the written
communications, and so it will be covered in April.
1235
02:31:45.530 --> 02:31:51.109
Speaker 3 (Community Hall): With that, do we have any future agenda-
setting items? I do. Okay.
1236
02:31:51.860 --> 02:31:57.860
Speaker 12 (Community Hall): So, I don't know if this is legal, or if we
did it, there would suddenly be another state law to prohibit it.
1237
02:31:59.590 --> 02:32:04.599
Speaker 12 (Community Hall): How about an impact fee that we add to help
displaced retail?
1238
02:32:05.430 --> 02:32:09.990
Speaker 12 (Community Hall): Does our attorney have any…
1239
02:32:10.330 --> 02:32:16.650
Speaker 12 (Community Hall): Opinion on there's any state law that would
eliminate… that would prohibit such an impact fee?
1240
02:32:18.360 --> 02:32:24.919
Speaker 8 (Community Hall): I'm not aware of any as I sit here,
Commissioner, but do you have a second? We certainly would add that to
the future agenda. Second. Okay.
1241
02:32:24.920 --> 02:32:27.510
Speaker 12 (Community Hall): And then, the other one,
1242
02:32:28.440 --> 02:32:35.270
Speaker 12 (Community Hall): we've been lucky in Cupertino so far that
all these projects have, included…
1243
02:32:35.630 --> 02:32:39.259
Speaker 12 (Community Hall): BMR units, whether inclusionary or non-
inclusionary.
1244
02:32:39.620 --> 02:32:42.220
Speaker 12 (Community Hall): But it is possible that in the future.
1245
02:32:42.370 --> 02:32:45.280
Speaker 12 (Community Hall): A developer will say, hey,
1246
02:32:45.470 --> 02:32:52.970
Speaker 12 (Community Hall): You know, I want to pay an inlufi instead of
including the BMR. So we really need to have a nexus study
1247
02:32:53.090 --> 02:32:57.370
Speaker 12 (Community Hall): that would… determine what that in-loo fee
would be, because…
1248
02:32:58.240 --> 02:33:03.090
Speaker 12 (Community Hall): It costs a tremendous amount of money for
the land and the construction costs.
1249
02:33:03.220 --> 02:33:11.739
Speaker 12 (Community Hall): for these BMR units. I mean, they could
easily cost a million dollars each to build. So I think we really need to
start looking at,
1250
02:33:12.610 --> 02:33:22.019
Speaker 12 (Community Hall): figuring out what those in-lieu fees should
be. So, that would be another agenda item. Maybe that's more of a council
agenda item than a planning commission.
1251
02:33:22.390 --> 02:33:25.849
Speaker 12 (Community Hall): agenda item, or is it both? I don't know.
1252
02:33:26.395 --> 02:33:32.154
Speaker 3 (Community Hall): I thought that was on the City Work program,
am I wrong? There's a Nexus fee study?
1253
02:33:32.990 --> 02:33:38.140
Speaker 6 (Community Hall): There is a nexus fee study, I think it may be
more broad, though, than…
1254
02:33:38.340 --> 02:33:40.919
Speaker 6 (Community Hall): what Commissioner Scharf is referring to,
which…
1255
02:33:41.800 --> 02:33:45.929
Speaker 6 (Community Hall): Is a real issue, in my view, if you start
having people wave
1256
02:33:46.360 --> 02:33:54.369
Speaker 6 (Community Hall): BMR fees. Our current fee is only designed to
capture fractional units and would not possibly pay for the construction
of BMR units.
1257
02:33:56.910 --> 02:33:58.109
Speaker 3 (Community Hall): I will second that.
1258
02:34:00.200 --> 02:34:05.499
Speaker 5 (Community Hall): And… Through the chair, I did have a
suggested future agenda item, a couple of them.
1259
02:34:05.690 --> 02:34:16.589
Speaker 5 (Community Hall): I'd like to suggest an agenda item for a
study session on the fire evacuation study. I believe the consultant that
wrote the report was not at the hearing. It would be good to have a
detailed study session
1260
02:34:16.880 --> 02:34:24.040
Speaker 5 (Community Hall): on the recommendations from that fire
evacuation study, and maybe suggestions that the Commission may have for
1261
02:34:24.420 --> 02:34:28.190
Speaker 5 (Community Hall): Amendments to that fire evacuation study and
see if that may even
1262
02:34:28.510 --> 02:34:32.200
Speaker 5 (Community Hall): make its way to Council, so I want to suggest
that. Do I have a second?
1263
02:34:34.360 --> 02:34:35.259
Speaker 3 (Community Hall): I'll second that.
1264
02:34:37.130 --> 02:34:44.930
Speaker 5 (Community Hall): And then just as a consideration for the
chair and staff for future hearings that involve AB130, it would be good
to have fire.
1265
02:34:45.040 --> 02:34:51.359
Speaker 5 (Community Hall): Not only present in the room, but also
consider including in the written record any fire review.
1266
02:34:51.470 --> 02:34:54.879
Speaker 5 (Community Hall): For fire mitigation, since that is the basis
for
1267
02:34:55.790 --> 02:35:01.670
Speaker 5 (Community Hall): for exempting the AB130 waiver in certain
fire hazard severity zones.
1268
02:35:01.820 --> 02:35:04.520
Speaker 5 (Community Hall): I hope we can include that in future hearings
that are coming up.
1269
02:35:05.900 --> 02:35:08.769
Speaker 3 (Community Hall): Okay, thank you very much, and with that,
we'll adjourn the meeting.
1270
02:35:14.140 --> 02:35:14.660
Community Hall: Yeah.