U-2005-01bCITY OF
CUPEI�TINO
March 10, 2006
Alan Loving
Taylor Woodrow Homes
2300 Camino Ramon
San Ramon, CA 94583
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Consider Application Nos. U-2005-01, ASA -2005-02, TM -2005-01, Z-2005-01 (EA -
2005 -01), Alan Loving (Taylor Woodrow Homes), Bubb Road and Imperial (a portion of
Results Way Corporate Park), APN Nos. 357-18-035, 357-20-041, 042 and 043.
a) Mitigated Negative Declaration
b) Use Permit to demolish 175,000 square feet of industrial buildings and construct
94 single-family residential units and recreation areas
C) Architectural and Site Approval for 94 single-family residential units and
recreation areas
d) Tentative Map to subdivide a 12 -acre site into 94 lots + 1 held in common
e) Rezoning of a 12 -acre site from Planned Industrial — P(ML) to Planned
Residential — P(Res)
Dear Mr. Loving:
• At its March 7, 2006, regular adjourned meeting, the Cupertino City Council denied
approval of the rezoning application. If you have any questions please contact the
Community Development Department at 408-777-3308.
Sincerely:
Grace Schmidt
Deputy City Clerk
cc: Community Development
Grosvenor USA Limited
1 Embarcadero Center, Suite 3900
San Francisco, CA 94303-2248
Printed on Recycled Paper
Summary
Agenda Item No.
Application: U-2005-01, ASA -2005-02, TM -2005-01,
Z-2005-01 and EA -2005-01
Applicant: Alan Loving (Taylor Woodrow Homes)
Owner: Grosvenor California
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
Planning Division
Agenda Date: March 8, 2006
Location: Results Way, west of Bubb Road and east of Imperial Ave.
Recommendations:
The Planning Commission, on a 3-1 vote, recommends denial of the following:
1. The MITIGATED NEGATIVE DECLARATION (file number EA -2005-01).
2. The REZONING application (file number Z-2005-01) in accordance with the model
resolution.
3. The USE PERMIT application (file number U-2005-01) in accordance with the model
resolution.
4. The ARCHITECTURAL AND SITE APPROVAL application (file number ASA -2005-
02) in accordance with the model resolution.
5. The TENTATIVE MAP application (file number TM -2005-01) in accordance with the
model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Acreage (Gross):
Density:
Height:
Stories:
Light Industrial/ Residential
P(ML) Planned Light Industrial
11.94 gross acres
7.87 du/gr. ac.
28' 11 (measured from grade to ridge of roof)
2 -story residential
Parking: Units/sq ft. Ratio Required
Required 94 units 2.8 263 spaces
Proposed: 188 covered spaces (garage)
75 on-site spaces
263 Total Spaces (2.8/ unit)
U-2005-01, ASA -2005-02, TM -2005-01, March 8, 2006
Z-2005-01 and EA -2005-01
Open Space: Private: 900 sq.ft./du in fenced side and front yards
Common: 2.86 acres (including parks and trails)
Project Consistency with: General Plan: Yes Zoning: Rezoning required
Application Summary:
• Use permit to demolish 175,000 square feet of industrial buildings and construct
94 single-family residential units and recreation areas.
• Architectural and Site Approval for 94 single family residential units and
recreation/ open space.
• Tentative Map to subdivide a 12 -acre parcel into 94 lots, plus one lot held in
common.
• Rezoning of 12 acre site from P(ML) (planned light industrial) zoning district to
P(Res) (Planned Residential).
BACKGROUND:
On January 24, 2006, the Planning Commission reviewed Taylor Woodrow's
applications to allow the demolition of five industrial buildings totaling approximately
175,000 square feet, and construction of 94 single family homes with approximately two
acres in public parks. Although a majority of the commissioners expressed that it was
a well-designed project, three commissioners, Chair Miller, Giefer, and Wong, believe
that this site should be retained for industrial uses. Commissioner Saadati was the
dissenting vote, stating that the buildings had been vacant for a long period of time and
he believes the change of use would benefit the City.
At the Planning Commission meeting, representatives from the Fremont Union High
School District (FUHSD), Cupertino Union School District (CUSD) and many neighbors
were present to comment on the project, both in opposition and in support. All the
comments were captured in the attached minutes from the meeting, but below are a few
of the concerns and comments:
• Both school districts commented that the voluntary traffic improvements and
mitigation fees being offered by the developer would benefit the schools.
FUHSD rescinded its earlier opposition to the proposed development.
• The CUSD representative stated that they have the capacity to serve the students
generated by the project at their schools.
• Many neighbors commented that they felt the school impacts caused by the
project would be too great.
U-2005-01, ASA -2005-02, TM -2005-01,
Z-2005-01 and EA -2005-01
March 8, 2006
• Several Cupertino residents commented that the pedestrian trail through the
project would assist in relieving traffic impacts since school children could walk
to school.
• Several neighbors commented on the negative impacts the trail would pose to
their properties on Imperial Avenue.
• A majority of the comments from neighboring residents were regarding the
traffic impacts during school hours on McClellan Road. They believe the homes
will make the situation worse.
• Several neighbors commented on the proposed parks and the positive impact it
would bring the Monta Vista neighborhood.
Attached is the January 24, 2006 Planning Commission report addressing the
background issues, including traffic, school impacts and open space. Staff had
recommended approval of the project. Subsequently, both staff and the applicant have
agreed the Model Resolutions need to be refined to adequately address traffic
improvements and park maintenance. The revised Model Resolutions are incorporated
into the January 24, 2006 Planning Commission report.
Prepared by: Vera Gil, Senior Planner
Submitted by:
Approved by:
Steve Piasecki David W. Knapp
Director, Community Development City Manager
Enclosures:
Planning Commission Resolution No. 6364 (File No. U-2005-01)
Planning Commission Resolution No. 6365 (File No. ASA -2005-02)
Planning Commission Resolution No. 6366 (File No. TM -2005-01)
Planning Commission Resolution No. 6367 (File No. Z-2005-01)
Model Zoning Ordinance with attachments
Planning Commission staff report dated 1/24/06, including the Initial Study, Negative
Declaration, ERC recommendation and all attachments
Minutes from the 1/24/06 Planning Commission meeting
Letter dated February 10, 2006 from the Fremont Union School District discussing uses
for the proposed mitigation fees.
Summary
Agenda Item No.
Application: U-2005-01, ASA -2005-02, TM -2005-01,
Z-2005-01 and EA -2005-01
Applicant: Alan Loving (Taylor Woodrow Homes)
Owner: Grosvenor California
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
Planning Division
Agenda Date: February 27, 2006
Location: Results Way, west of Bubb Road and east of Imperial Ave.
Recommendations:
The Planning Commission, on a 3-1 vote, recommends denial of the following:
1. The MITIGATED NEGATIVE DECLARATION (file number EA -2005-01).
2. The REZONING application (file number Z-2005-01) in accordance with the model
resolution.
3. The USE PERMIT application (file number U-2005-01) in accordance with the model
resolution.
4. The ARCHITECTURAL AND SITE APPROVAL application (file number ASA -2005-
02) in accordance with the model resolution.
5. The TENTATIVE MAP application (file number TM -2005-01) in accordance with the
model resolution.
Project Data:
General Plan Designation: Light Industrial/ Residential
Zoning Designation: P(ML) Planned Light Industrial
Acreage (Gross): 11.94 gross acres
Density: 7.87 du/gr. ac.
Height: 28' 11 (measured from grade to ridge of roof)
Stories: 2 -story residential
Parking: Units/sq ft. Ratio Required
Required 94 units 2.8 263 spaces
Proposed: 188 covered spaces (garage)
75 on-site spaces
263 Total Spaces (2.8/ unit)
U-2005-01, ASA -2005-02, TM -2005-01, February 27, 2006
Z-2005-01 and EA -2005-01
Open Space: Private: 900 sq.ft./du in fenced side and front yards
Common: 2.86 acres (including parks and trails)
Project Consistency with: General Plan: Yes Zoning: Rezoning required
Application Summary:
• Use permit to demolish 175,000 square feet of industrial buildings and construct
94 single-family residential units and recreation areas.
• Architectural and Site Approval for 94 single family residential units and
recreation/ open space.
• Tentative Map to subdivide a 12 -acre parcel into 94 lots, plus one lot held in
common.
• Rezoning of 12 acre site from P(ML) (planned light industrial) zoning district to
P(Res) (Planned Residential).
BACKGROUND:
On January 24, 2006, the Planning Commission reviewed Taylor Woodrow's
applications to allow the demolition of five industrial buildings totaling approximately
175,000 square feet, and construction of 94 single family homes with approximately two
acres in public parks. Although a majority of the commissioners expressed that it was
a well-designed project, three commissioners, Chair Miller, Giefer, and Wong, believe
the industrial use should continue on the site. Commissioner Saadati was the
dissenting vote, stating that the buildings had been vacant for a long period of time and
he believes the change of use would benefit the City.
At the Planning Commission meeting, representatives from the Fremont and Cupertino
Union School Districts and many neighbors were present to comment on the project,
both in opposition and in support. All the comments were captured in the attached
minutes from the meeting, but below are a few of the concerns and comments:
• Both school districts commented that the voluntary traffic improvements and
mitigation fees being offered by the developer would benefit the schools.
• The CUSD representative stated that they have the capacity to serve the students
generated by the project at their schools.
• Many neighbors commented that the school impacts caused by the project would
be too great.
U-2005-01, ASA -2005-02, TM -2005-01,
Z-2005-01 and EA -2005-01
February 27, 2006
• Several Cupertino residents commented that the pedestrian trail through the
project would assist in relieving traffic impacts since school children could walk
to school.
• Several neighbors commented on the negative impacts the trail would pose to
their properties on Imperial Avenue.
• A majority of the comments were regarding the traffic impacts during school
hours on McClellan Road. They believe the homes will make the situation
worse.
• Several neighbors commented on the proposed parks and the positive impact it
would bring the Monta Vista neighborhood.
Attached is the January 24, 2006 Planning Commission report addressing the
background issues, including traffic, school impacts and open space. Staff had
recommended approval of the project. Subsequently, both staff and the applicant have
agreed the Model Resolutions need to be refined to adequately address traffic
improvements and park maintenance. The revised Model Resolutions will be provided
at Monday night's meeting should the City Council choose to discuss the item,
otherwise the Resolutions will be incorporated into the next meeting packet.
Prepared by: Vera Gil, Senior Planner
Submitted by:
Approved by:
Steve Piasecki David W. Knapp
Director, Community Development City Manager
Enclosures:
Planning Commission Resolution No. 6364 (File No. U-2005-01)
Planning Commission Resolution No. 6365 (File No. ASA -2005-02)
Planning Commission Resolution No. 6366 (File No. TM -2005-01)
Planning Commission Resolution No. 6367 (File No. Z-2005-01)
Model Zoning Ordinance with attachments
Planning Commission staff report dated 1/24/06, including the Initial Study, Negative
Declaration, ERC recommendation and all attachments
Minutes from the 1/24/06 Planning Commission meeting
Letter dated February 10, 2006 from the Fremont Union School District discussing uses
for the proposed mitigation fees.
U-2005-01 (EA -2005-01)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6364 (denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDED DENIAL OF A USE PERMIT TO DEMOLISH 175,000 SQUARE
FEET OF INDUSTRIAL BUILDINGS AND CONSTRUCT 94 SINGLE FAMILY
RESIDENTIAL UNITS AND RECREATIONAL SPACE
SECTION I: PROTECT DESCRIPTION
Application No(s).: U-2005-01 (EA -2005-01)
Applicant: Alan Loving (Taylor Woodrow Homes)
Location: Results Way, west of Bubb Road and east of Imperial Avenue.
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has not met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit and Exception are hereby
Model Resolution U-2005-01 (EA -2005-01) January 24, 2006
Page 2
recommended for denial, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based are contained in the public hearing record concerning Application
No(s). U-2005-01, ASA -2005-02 (EA -2005-01), as set forth in the Minutes of the Planning
Commission Meeting of January 24, 2006, and are incorporated by reference as though
fully set forth herein.
PASSED AND ADOPTED this 24th day of January, 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Chairperson Miller, Vice -Chair Giefer, Wong
NOES:
COMMISSIONERS: Saadati
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED:
/s/Steve Piasecki
Steve Piasecki
Director of Community Development
G:\Planning\PDREPORT\RES\2005\U-2005-01 denial res.doc
/ s / Marty Miller
Marty Miller, Chairperson
Cupertino Planning Commission