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CC - Updated Late Comments memo dated Nov 3 2014 PLACEWORKS MEMORANDUM DATE November 22, 2014 TO Piu Ghosh, City of Cupertino FROM Steve Noack, PlaceWorks SUBJECT General Plan Amendment, Housing Element Update, and Associated Rezoning Draft Environmental Impact Report(EIR)—Updated Late Comments Received after the 45-Day Comment Period Table 1, below, lists and provides a brief response to written comments that were received by the City after the close of the public comment period for the General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR.The 45-day public comment period ended on August 1, 2014.This memo responds to comments received between August 2 through November 22, 2014.1 These comments are reproduced at the end of this memo. No other late comments on the Draft EIR have been received as of the date of this memo. These comments do not contain "significant new information," as defined in the California Environmental Quality Act Guidelines Section 15088.5, which includes new or substantially more severe environmental impacts, new mitigation measures or alternatives,or information indicating that the Draft EIR is fundamentally or basically inadequate. No revisions need to be made to the Draft EIR. This memo updates our November 3, 2014 memo that addressed late comments received through November 3, 2014. 1625 Shattuck Avenue, Suite 300 1 Berkeley, California 94709 1 510.848.3815 1 PlaceWorks.com PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Number2 Name Date Received Topic Response3 1 B LC-01 John Frey 8/8/2014 Traffic,Emergency Impacts to traffic congestion are discussed in Chapter 4.13, Response,Schools, Transportation and Traffic,of the Draft EIR beginning on page 4.13-49. Aesthetics(increased The cumulative impacts analysis in the EIR accounts for regional height) Growth. See Draft EIR,pp.4-4 to 4-5. Impacts to fire protection services,police services and schools are discussed in Chapter 4.12,Public Services and Recreation,beginning on pages 4.12-1,4.12-8 and 4.12-18,respectively. Impacts to public service providers were found to be less than significant. Impacts due to increased height limits under the proposed Project are discussed in Chapter 4.1,Aesthetics,of the Draft EIR.As discussed in Chapter 4.1,impacts were found to be less than significant in all areas where potential future development involving increased height is being considered. See Response to Comment B11-01 in Chapter 5 of the Response to Comments Document. 2 B LC-02 Barbara Rogers 8/25/2014 Senior Housing,Non-EIR The comment is acknowledged. related 3 B LC-03 Carlene Matchniff 9/9/2014 Non-EIR related The comment is acknowledged. 4 B LC-04 Dan Whisenhunt 9/8/2014 Non-EIR related The comment is acknowledged.Please see the responses to letter 13- 16 in the August 28,2014 Response to Comments Document. 5 B LC-05 Ruby Elbogen 9/12/2014 Water supply,schools Impacts schools are discussed in Chapter 4.12,Public Services and Recreation,beginning on page 44.12-18. Impacts to schools were found to be less than significant. Impacts to water supply were discussed in Chapter 4.14,Utilities and Service Systems,beginning on page 4.14-1. Water supply impacts were found to be less than significant. November 22,2014 1 Page 2 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Numberz Name Date Received Topic Response3 6 B LC-06 Ruby Elbogen 9/16/2014 Non-EIR related The comment is acknowledged. 7 B LC-07 Sabrina Risk 9/16/2014 Non-EIR related The comment is acknowledged. 8 B LC-08 Trish McAfee 9/16/2014 Traffic Impacts to traffic congestion are discussed in Chapter 4.13, Transportation and Traffic,of the Draft EIR beginning on page 4.13-49. The cumulative impacts analysis in the EIR accounts for regional growth. See Draft EIR,pp.4-4 to 4-5.With respect to parking,future development would be required to provide sufficient parking as required in Title 19,Zoning,Chapter 19.124,Parking Regulations of the Municipal Code. 9 B LC-09 Steve Hill 9/16/2014 Traffic Impacts to all modes of transportation are discussed in Chapter 4.13, Transportation and Traffic,of the Draft EIR beginning on page 4.13-49. The cumulative impacts analysis in the EIR accounts for regional growth. See Draft EIR,pp.4-4 to 4-5. 10 B LC-10 Phyllis Dickstein 10/6/2014 General EIR, Response to Impacts to water supply are discussed in Chapter 4.14,Utilities and Comments Document, Service Systems,beginning on page 4.14-13.The cumulative impacts Water Supply,EIR Process analysis in the EIR accounts for regional growth.See Draft EIR,pages 4-4 to 4-5.Water supply impacts were found to be less than significant. 11 B LC-11 Kai Wetlesen 10/6/2014 Traffic The comment is acknowledged.Table 4.13-15 is edited to include the revisions mentioned. 12 A LC-12 Mark Allgire,Santa Clara 10/9/2014 Air Quality,Public Schools, Air Quality impacts, including impacts to sensitive receptors,are Unified School District Non-EIR related discussed in Chapter 4.2,Air Quality,of the Draft EIR. Section 4.2.3.3, Sensitive Receptors,on pages 4.2-18 to 4.2-19 describes the types of sensitive receptors, including children.Air Quality impacts are described beginning on page 4.2-22.Impact AQ-4,beginning on page 4.2-57,discusses the impacts of the proposed Project's on sensitive receptors and concludes that impacts to sensitive receptors would be less than significant with implementation of Mitigation Measures AQ-4a and AQ-4b.The cumulative impacts analysis in the EIR accounts for emissions due to traffic,construction,and existing airborne November 22,2014 1 Page 3 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Numberz Name Date Received Topic Response3 contaminants throughout the city. Impacts to school facilities are discussed in Chapter 4.12,Public Services&Recreation,of the Draft EIR beginning on page 4.12-18. Impacts on school facilities were found to be less than significant due to implementation of General Plan policies and strategies,as well as mandatory payment of developer impact fees pursuant to Senate Bill 50(SB 50).As discussed on page 4.12-18,the California State Legislature,under Senate Bill 50,has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation.All new developments proposed pursuant to the adoption of the proposed Project will be required to pay the school impact fees adopted by the SCUSD,and this requirement is considered to fully mitigate the impacts of the proposed Project on school facilities,which could include the construction of new schools as noted by the commenter. Traffic related safety issues are discussed in Chapter 4.13, Transportation and Traffic, Impact TRAF-3,which concludes that the proposed Project would not create safety impacts. 13 B LC-13 Ivor E.Samson,Dentons 10/9/2014 Land Use Compatibility, The commenter requests that these comments be withdrawn. See US LLP Traffic,Economic impacts, Comment Letter LC-16 below. Non-EIR related 14 B LC-14 Catherine Alexander 10/10/14 Traffic, Noise,Quality of The commenter requests that these comments be superseded by their Life,Non-EIR related comments submitted on October 13,2014. See Comment Letter LC- 15 below. November 22,2014 1 Page 4 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Numberz Name Date Received Topic Response3 15 B LC-15 Catherine Alexander 10/13/14 Traffic, Noise,Quality of The commenter describes existing conditions. Life, Non-EIR related Traffic impacts are discussed in Chapter 4.13,Transportation and Traffic,of the Draft EIR beginning on page 4.13-49.The analysis was conducted in accordance with the standards and methodologies set forth by the City of Cupertino and Santa Clara VTA. Noise impacts to noise are discussed in Chapter 4.10,Noise,of the Draft EIR beginning on page 4.10-27. Impacts on school facilities are discussed in Chapter 4.12, Public Services and Recreation,of the Draft EIR beginning on page 4.12-18. Pursuant to CEQA Section 15131,Economic and Social Effects, economic or social effects of a project,such as effects on property values and community character,shall not be treated as significant effects on the environment unless they lead to significant physical effects. 16 B LC-16 Ivor E.Samson,Dentons 10/13/14 Non-EIR related The commenter's formal withdrawal of their October 9,2014 letter is US LLP acknowledged. 17 B LC-17 Peter Pau, Principal and 10/13/14 Non-EIR related The comment is acknowledged. Founder,Sand Hill Property Company 18 B LC-18 Carlene Matchniff 10/14/14 Non-EIR related The comment is acknowledged. 19 B LC-19 Darrel Lum 10/16/14 Non-EIR related. The comment is acknowledged. 20 B LC-20 J.Blair Volckmann 10/16/14 Non-EIR related. The comment is acknowledged. 21 B LC-21 John F.Warda 10/17/14 Non-EIR related. The comment is acknowledged. 22 B LC-22 Tom and Eleane Hall 10/23/14 Non-EIR related. The comment is acknowledged. 23 B LC-23 Alvin and Shirley De 10/24/14 Non-EIR related. The comment is acknowledged. Ridder November 22,2014 Page 5 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Number2 Name Date Received Topic Response' 24 B LC-24 Anonymous 10/25/14 Non-EIR related. The comment is acknowledged. 25 B LC-25 Urs Mader 10/25/14 Non-EIR related. The comment is acknowledged. 26 B LC-26 Mark Tersini 10/27/14 Non-EIR related. The comment is acknowledged. 27 B LC-27 Max K.Agoston 10/27/14 Non-EIR related. The comment is acknowledged. 28 B LC-28 Paul Brophy 10/27/14 Non-EIR related. The comment is acknowledged. 29 B LC-29 Claire Arnold 10/30/14 Public Schools Impacts to school facilities are discussed in Chapter 4.12, Public Services&Recreation,of the Draft EIR beginning on page 4.12-18. Impacts on school facilities were found to be less than significant due to implementation of General Plan policies and strategies,as well as mandatory payment of developer impact fees pursuant to Senate Bill 50(SB 50).As discussed on page 4.12-18,the California State Legislature,under Senate Bill 50,has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation. 30 B LC-30 Claudio Bono 10/31/14 Non-EIR related. The comment is acknowledged. 31 B LC-31 Claudio Bono 10/31/14 Non-EIR related. The comment is acknowledged. 32 B LC-32 Claudio Bono 10/31/14 Non-EIR related. The comment is acknowledged. 33 B LC-33 Claudio Bono 10/31/14 Non-EIR related. The comment is acknowledged. 34 B LC-34 Steve Gazzera 10/31/14 Non-EIR related. The comment is acknowledged. November 22,2014 1 Page 6 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Number2 Name Date Received Topic Response3 35 B LC-35 George Anderl 10/31/14 Traffic Traffic impacts are discussed in Chapter 4.13,Transportation and Traffic,of the Draft EIR beginning on page 4.13-49.The analysis was conducted in accordance with the standards and methodologies set forth by the City of Cupertino and Santa Clara VTA. 36 B LC-36 Jialin Song and 10/31/14 Schools Impacts to school facilities are discussed in Chapter 4.12, Public Hongliang Chang Services&Recreation,of the Draft EIR beginning on page 4.12-18. Impacts on school facilities were found to be less than significant due to implementation of General Plan policies and strategies,as well as mandatory payment of developer impact fees pursuant to Senate Bill 50(SB 50).As discussed on page 4.12-18,the California State Legislature,under Senate Bill 50,has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation. 37 B LC-37 Karen Farrelly 11/01/14 Non-EIR related. The comment is acknowledged. 38 B LC-38 Virginia Tamblyn 11/01/14 Non-EIR related. The comment is acknowledged. 39 B LC-39 Eric Schmidt 11/17/14 Non-EIR related. The comment is acknowledged. 40 B LC-40 Gary E Jones 11/18/14 Non-EIR related. The comment is acknowledged. 41 B LC-41 Eric Schmidt 11/09/14 Schools Impacts to school facilities are discussed in Chapter 4.12, Public Services&Recreation,of the Draft EIR beginning on page 4.12-18. Impacts on school facilities were found to be less than significant due to implementation of General Plan policies and strategies,as well as mandatory payment of developer impact fees pursuant to Senate Bill 50(SB 50).As discussed on page 4.12-18,the California State Legislature,under Senate Bill 50,has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation. 42 B LC-42 Ching Shyu 11/17/14 Non-EIR related. The comment is acknowledged. November 22,2014 1 Page 7 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Number2 Name Date Received Topic Response' 43 B LC-43 Scott Hughes 11/16/14 Non-EIR related. The comment is acknowledged. 44 B LC-44 Geoff Paulsen 11/15/14 Non-EIR related. The comment is acknowledged. 45 B LC-45 Sue Tippets 11/17/14 Non-EIR related. The comment is acknowledged. 46 B LC-46 Catherine Alexander 11/16/14 Non-EIR related. The comment is acknowledged. 47 A LC-47 Jody Littlehales 11/17/14 Non-EIR related. The comment is acknowledged. 48 B LC-48 Vaitheesh Kolady 11/05/14 Non-EIR related. The comment is acknowledged. 49 B LC-49 Hoi Yung Poon 11/07/14 Schools Impacts to school facilities are discussed in Chapter 4.12, Public Services&Recreation,of the Draft EIR beginning on page 4.12-18. Impacts on school facilities were found to be less than significant due to implementation of General Plan policies and strategies,as well as mandatory payment of developer impact fees pursuant to Senate Bill 50(SB 50).As discussed on page 4.12-18,the California State Legislature,under Senate Bill 50,has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation. 50 B LC-50 Gilbert Wong 11/06/14 Non-EIR related. The comment is acknowledged. 51 B LC-51 Virgina Tamblyn 11/03/14 Non-EIR related. The comment is acknowledged. 52 B LC-52 Jialin Song,Hongliang 11/03/14 Non-EIR related. The comment is acknowledged. Chang 53 B LC-53 Sabrina Rizk 11/14/14 Non-EIR related. The comment is acknowledged. 54 B LC-54 Chris Bencher 11/16/14 Non-EIR related. The comment is acknowledged. 55 B LC-55 Mitchell Ai-Chang 11/10/14 Non-EIR related. The comment is acknowledged. 56 B LC-56 Sowmya Subramaniam 11/13/14 Non-EIR related. The comment is acknowledged. 57 B LC-57 George Anderl 10/31/14 Non-EIR related. The comment is acknowledged. November 22,2014 Page 8 PLACEWORKS TABLE 1: LATE COMMENTS AND RESPONSES Type' Nuirl Name Date Received Topic Response' 58 B LC-58 Eric Schmidt 11/20/14 Non-EIR related. The comment is acknowledged. 59 B LC-59 Ruby Elbogen 11/20/14 Non-EIR related. The comment is acknowledged. 60 B LC-60 Eric Schmidt 11/20/14 Non-EIR related. The comment is acknowledged. 61 B LC-61 Eic Schaefer 11/21/14 Non-EIR related. The comment is acknowledged. 62 B LC-62 Shankar lyer 11/2214 Non-EIR related. The comment is acknowledged. 63 B LC-63 Scott Huges 11/22/14 Non-EIR related. The comment is acknowledged. 64 B LC-64 Claire Arnold 11/21/14 Non-EIR related. The comment is acknowledged. Notes: 1.The comment"type"pertains to the categories used to organize the comments submitted on the Draft EIR in the Response to Comments Document.Type A=Agencies and Service Providers and Type B=Private Individuals and Organizations; 2.The comment number LC=Late Comment. The Late Comment letters are attached to this memo. 3.The"response"column references responses provided in the Response to Comments Document,published on August 28,2014. November 22,2014 1 Page 9 From:John Frey [mailto:johnfreyca@comcast.net] Sent: Monday,August 18, 2014 9:58 PM To: City Council Subject: Growth and the straining of our services . Dear Honorable City Council Members, I am writing you on my concerns about our growth and straining of our services. I have lived in Cupertino for approximately 22 years and grew up in Mtn. View/Palo Alto. I have firsthand witnessed how Silicon Valley changed from the orchards I rode my bike though to the concrete jungle we now live in. I truly understand businesses need to grow and that they provide valuable tax revenue to Cupertino. But when I see our businesses being bulldozed then replaced with buildings with businesses on the bottom and APARTMENTS/CONDOS above them, it is a bit upsetting. Is our City Planning strategy to become like San Francisco or San Jose? Or are we going to make Cupertino one of the most balanced Cities in Santa Clara? Where businesses are welcomed and residents have a safe beautiful neighborhood to raise their children in. When we approve plans to build these high rises we take away from this. We put more cars on our roads, more calls for service from our Deputies and Fire/ Paramedics, and more children in our schools.All but one of which, I have not seen any growth in. Our roads have not gotten wider, there are no more Deputies patrolling though their beats have increased. This also can be said about our Fire/ Paramedics too. We do have construction on new classrooms (etc.) in our schools but these school are in established neighborhoods that were designed for single family homes back in 60's, 70's, and part of the 80's. Traffic around these schools are becoming a parking lot. Blocking city residents from being able to exit their neighborhoods and sometime their own driveways. I have personally talked to Deputies who have stated to me that if they work in the west end of Cupertino and a call comes out on the east end of Cupertino,they know it can take up to 30 mins. or more depending on the time of day. When you approve apartments/condos above old businesses,you indirectly create a whole new beat for each floor added. This adds many more calls for service with the same amount of Deputies we have had since I moved here back in 90's with no one to replacing the vacuum. We need more Deputies! I know we are building a "new downtown" off of Stevens Creek Blvd. I also know we are building the new Apple 2 building off of Wolfe. These are hugh projects and will bring more strain on our services and way of life here in Cupertino. Some for the good and I feel more for the bad. The bad is the high density housing and traffic! It really has to stop,we cannot support any more of these projects without destroying our way of life here in Cupertino. If a single family home has to cost 2 million dollars,then unfortunately it is the cost of living here in Cupertino. We have no more room for this type of high density growth! Or are we going the way of being the San Francisco of the South Bay? I know every one of my neighbors feel the same way about limiting the growth. I know a few years ago we had a petition passed that City Hall cannot approve any construction above 3 stories without voter approval (correct me if I am wrong). That was due to the big eye sore at the Crossroads (Stevens Creek and De Anza) being built with high density housing. Please, don't make the citizens of Cupertino have to speak up again. All of you live here and represent us. Control the Planning Commission and preserve what is left of our city community! Thank you for your consideration to this matter! Respectfully, John Frey -----Original Message----- From: Barbara Rogers [mailto:barbsbucket@comcast.net] Sent: Monday, August 25, 2014 3:04 PM To: Christopher Valenzuela Subject: Re: Aug. 28 Housing Commission Meeting Hi, C.J. and thanks for your courtesy. I'm sorry I didn't see reference to senior housing in the staff report. But glad it was there--and not surprised that it would have been included. As the City is fortunate to have excellent members of staff. Please accept my apologies for not reading well enough to find the staff reference. And extend my apologies, as appropriate. Thnx, again, C.J. Love, BR On Aug 25, 2014, at 2:08 PM, Christopher Valenzuela <ChristopherV@cupertino.org> wrote: Hi Barbara, I have forwarded your comment below to the Housing Commission as I didn't see the Housing Commission included on your prior e-mail. Thank you. Christopher "C.J." Valenzuela, Senior Housing Planner City Hall Community Development Department 10300 Torre Ave Cupertino, CA 95014 408-777-3251 (Phone) christopherv@cupertino.org(E-mail) www.cupertino.org(Website) -----Original Message----- From: Barbara Rogers [mailto:barbsbucket@comcast.net] Sent: Monday, August 25, 2014 1:03 PM To: Christopher Valenzuela; City of Cupertino Fine Arts Cc: Gary Chao; Aarti Shrivastava Subject: Aug. 28 Housing Commission Meeting To: Housing Commission Chair Raman and Members Wilson, Barnett, Chu, and Maroko— I am very sorry to not be able to attend your meeting this Thurs. Aug. 28 at 9:00. I have a conflict on 2nd and also on 4th Thurs. mornings, unfortunately. Therefore, I'm emailing my input which I hope you will adopt in some form in your recommendations to the Planning Commission. Specifically, I look at the Housing Element section of the staff report for your meeting this Thurs. morning. I find no reference to older adult(senior)housing an the need for it. Perhaps I may have overlooked something in the long, well-written report. I did testify at several of the workshops where it seemed to me that my comments were welcomed and would be included. I ask that you include some reference to the need for older adult housing in Cupertino, as well as housing for all segments of the population, in your recommendations to the Planning Commission. And not just below-market-rate and subsidized housing but also for-profit units. There is ample documentation of this need which exists all over the country and is growing. I've made available to staff material relative to successful for-profit and subsized senior housing projects constructed in the Bay Area, across the U.S. and world-wide. This need for senior housing, both government-assisted and also for profit, is growing in Cupertino, as elsewhere, as the senior demographic is burgeoning. I hope that in recognizing this need in Cupertino you will recommend for the City of Cupertino to increase the housing available in Cupertino for older adults. Thanks, again, for all you do to benefit our community and its residents--that you care enough to give of your time and expertise and make a difference for the better. I look forward to welcoming you to the Sept. 30 Forum Aging-in-Place. Thnx, again, Love, BR IRVINE COMPANY Since 1864 September 4, 2014 Ms. Piu Ghosh, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 Dear Ms. Ghosh, The intent of this letter is to reinforce that The Irvine Company(TIC)has a strong desire to plan the future redevelopment of the Hamptons in full cooperation with Apple, including but not limited to security, height, landscape buffering, and amenities that could serve possible future Apple employees that may choose to reside within close proximity of their employment. From the beginning of our dialogue with Apple,we were encouraged that providing additional housing near the Apple Campus 2(AC2)would create an opportunity to reduce auto trips for employees living within walking and bicycling distance to AC2. In fact,the AC2 EIR includes a mitigation measure, which requires Apple to expand the Transportation Demand Management(TDM) Program to reduce traffic impacts.This TDM Program expansion requires implementation of TDM measures that increase Apple's non-single occupant vehicle mode to 34%at full occupancy of the site.The CPA's proposed increase of housing units for the Hamptons site will provide a significant increase in housing within a short walking/bicycling distance to AC2, helping Apple achieve this TDM requirement. Recently,management at TIC were surprised to read the letter Apple sent to the City, since prior to that, the two companies had an otherwise amicable and cooperative relationship over the years. That cooperation began with a significant amount of coordination between TIC and Apple during the period in which the AC2 ❑EIR was being prepared, circulated for public comment, and certified by the City of Cupertino. This coordination took place between 2011 and 2013 and culminated with the execution of two separate agreements between Apple and TIC(a Land Swap Agreement and a Construction Impact Mitigation Agreement). During the winter of 2011, Apple approached TIC regarding the expected need to mitigate the traffic impacts associated with development of AC2. They expected that EIR mitigation for the project would include the widening of North Wolfe Road between Pruneridge Avenue and 1-280, requiring right of way from the Hamptons. In addition,their proposed AC2 development included the closure of Pruneridge Avenue between the Hampton's access and North Tantau Avenue. Apple communicated to the Company that it was their desire, as well as the City of Cupertino's, that the Company and Apple reach agreement on this North Wolfe Road widening and Pruneridge Avenue closure prior to the City Council's approval of the AC2 project and certification of their project EIR. 690 N, McCarthy Blvd.. Suite 100 1 Milpitas, CA 95035 Over the course of nearly two years, Apple and TIC resolved a number of issues to address the impacts associated with the North Wolfe Road widen ing and the vacation of Pruneridge Avenue. These included the design parameters of the North Wolfe roadway widening(i.e.number and width of lanes),the design parameters of that portion of Pruneridge Avenue that would remain between the Hamptons access and North Wolfe Road, review of future landscaping plans for the edge conditions surrounding the Hamptons,trail and sidewalk requirements,and right of way compensation.These discussions concluded with execution of a Land Swap Agreement between the parties in November 2013 and eliminated any need for the City of Cupertino to use its powers of eminent domain to acquire the needed right of way along North Wolfe Road. In the end,TIC agreed to dedicate access to Apple, Inc. in a Land Swap for the price of$100. Our cooperation also went beyond the issue of required access. in May 2013,the DEIR for AC2 was circulated to the public. After TIC's review of the DEIR,we believed that a number of environmental issues had not been adequately addressed. TIC informed Apple of our concerns three weeks prior to the close of the DEIR review period. Apple requested that TIC and Apple execute a side agreement to address our concerns in lieu of submitting a formal DEIR comment letter to the City of Cupertino. Over the next three weeks,we engaged in a series of communications with Apple to discuss our issues.This coordination culminated in the execution of a Construction Impact Mitigation Agreement between the parties in July 2013. This Agreement dealt with a number of issues including: • Commitment by TIC to not write a DEIR comment letter ■ Spillover parking into Hamptons • Maintaining emergency access to the Hamptons site at all time • Uses permitted in nearby Landscape Maintenance Building on AC2 site ■ Noise limits from Central Plant • Limitations on use of Pruneridge for construction traffic ■ Weekend construction impacts, Dust control ■ Design of temporary noise wail and Lighting shields Despite TIC's general concern about the increased traffic associated with the AC2 project and the impacts associated with reduced accessibility to the Hamptons site caused by the closure of a section of Pruneridge, TIC was willing to work with Apple to eliminate the need to raise concerns during the DEIR and hearing process. Even though our residents are inconvenienced on a daily basis by the noise,truck traffic, dust,and general inconvenience of the construction,we have honored all prior agreements. Now,as we explore future redevelopment of our site,and prior to filing plans for a specific project,Apple has expressed concern in writing to the City, and also testified against redevelopment of our site at a recent Housing Commission meeting. We wish to assure the City that TIC is willing to reduce heights to 60 feet along the Apple boundary and will design the future proposal within a 60 to 75 foot range with taller heights along the freeway and stepping down the heights on Wolfe Road and along Apple's boundary. With respect to Apple's privacy concerns,TIC is committed to incorporating appropriate setbacks, landscape buffering,and design features into the design of the Hamptons redevelopment, in order to respect the privacy of AC2. In fact,we have already engaged Apple's Iandscape architect, Olin, with Apple's permission,to assure Apple that we would plant adequate trees and foliage to screen and buffer views from AC2 to the Hamptons site and vice versa. Regarding traffic, it is worth noting,a positive community benefit of redevelopment of the Hamptons, is related to Section 3.14 of the Apple Development Agreement. This section requires their payment of $1,000,000 towards a transportation study of Wolfe Road between Homestead and Stevens Creek including widening of the Wolfe Road overcrossing at 1-280. (Apple told us that they had already paid the City this study funding). However, subject to the outcome of the study,the City and Apple are to determine funding options to implement the recommended improvements from this transportation study. One of those funding options is recognized in Section 3.14 to be a Mello-Roos Community Facilities District(CFD). Further, Section 3.14 gives the City sole discretion in making the findings with the study and the funding mechanisms. In light of this requirement, any development in the Wolfe corridor, including redevelopment of the Hamptons will necessitate the preparation of the Wolfe interchange study and will kick off the process for forming the potential funding mechanism for the improvements in this area.This is a positive benefit for the community as the Wolfe interchange is in need of study.TIC recognizes that our project, should it move forward,would be subject to an appropriate contribution to this funding district. Our goal is to continue to work with Apple on a myriad of issues that require cooperation between our two adjacent property owners,and to do so in a professional manner. We appreciate the considerable efforts of the City to develop the General Plan Amendment, Housing Element update, related zoning changes, and EIR,as well as your consideration of the facts presented in this letter. Please do not hesitate to contact me should you require additional information. Sincerely, Carlene Matchniff Vice President Entitlements& Public Affairs The Irvine Company cc: Mayor and City Council of Cupertino David Brandt, City Manager Aarti Shrivastava, Assistant City Manager& Director of Community Development September 8, 2014 Piu Ghosh Senior Planner City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 RE: Citywide General Plan Amendment Proposed Resolution- Hamptons Site Dear Piu, We were pleased to read the letter from The Irvine Company ("TIC") confirming its intent to respect Apple's privacy and security needs in any future redevelopment of the Hamptons site. The language quoted below from TIC's letter also confirms that TIC does not want the 85 foot height limit, with no setbacks, as currently drafted in the General Plan Amendment ("GPA"): "We wish to assure the City that TIC is willing to reduce heights to 60 feet along the Apple boundary and will design the future proposal with a 60 to 75 foot range with taller heights along the freeway and stepping down the heights on Wolfe Road and along Apple's boundary. With respect to Apple's privacy concerns, TIC is committed to incorporating appropriate setbacks, landscaped buffering, and design features into the then design of the Hamptons redevelopment, in order to respect the privacy of AC2." The bottom line is that Apple and TIC are on the same page, but this isn't yet reflected in the current draft of the GPA. As currently proposed,the GPA permits heights up to 85 feet with no requirement for setbacks or other buffers. This seriously damages Apple, and doesn't benefit TIC, since TIC does not require the additional height to redevelop the Hamptons site. We appreciate that the City recognized Apple's multi-billion dollar investment in Cupertino and respected our security and privacy requirements during the approval process for AC2, as reflected in the EIR and project approval findings. The City should continue to live up to that commitment by revising the GPA and adopting the specific language we previously proposed, and shown below. 'The height limit for the structures located within 50 feet of the parcel line abutting adjacent commercial properties or Pruneridge shall not exceed 60 feet. The height limit shall not exceed 60 feet for the remainder of the Hamptons site, unless the City makes special findings that an increased height, up to a maximum of 75 feet, would not infringe on the privacy and security needs of adjacent neighbors, nor unreasonably impact view corridors or sunlight, or create light or glare trespass. This may require any future development of the site to include transitions, landscaping, or other mitigations,so that the City can make the special findings specified above." Apple i Infinite Loop MS 21-1AC2 Cupertino,CA 95014 T 408 996-1010 F 408995-0275 www apple-com Piu Ghosh September 8,2014 Page 2 of 2 It's vital for the City to address this issue now. Otherwise, the City may have unintentionally limited its discretion to address project-level concerns after adopting higher density limits in the GPA. For example, California law provides that the density of a proposed project complying with the applicable General Plan, zoning and development policies cannot be reduced unless the City makes specific written findings that a reduction in density is needed to avoid health or safety effects. Gov. Code sec. 65589.5(j). There is also a streamlined CEQA review for residential projects that are consistent with the General Plan, in which only impacts that are "peculiar" to the project are analyzed. Pub. Res. Code sec. 21083.3. Therefore, the City should set forth in the GPA the key issues that need to be taken into account in considering potential redevelopment of the Hamptons site, since deferring this step may unduly bind the City in the future. We believe the language we proposed does that, and is consistent with TIC's statements regarding its plans for the Hamptons site. Kind regards, Sit, Dan Whisenhunt Senior Director Real Estate& Development Apple cc: Mayor and City Council of Cupertino Planning Commission of Cupertino David Brandt, City Manager Aarti Shrivastava, Director of Community Development 2 From: Ruby Elbogen <rgelbogen@aol.com> Date: September 12, 2014 at 8:06:04 AM PDT To: gwong212@aol.com Subject: Mr. Mayor - "Hell No, I Won't Go" Dear Mr. Mayor - As I watched the Planning Commission meeting last evening, and assumed the Irvine Company was pulling a prank on the Commissioners by telling them that the Company from The OC is planning to add 800-ish (give or take 3) apartments to what they already have here--I laughed and waited for the punch line. Little did I know the joke is on us. So, when this is approved--are we expected to give up OUR water for them, as well as for Apple--so they can flush their thousands of new toilets? If not, where will the water come from? And, where will their kids go to school--even though it's not the City Council's problem, so to speak, you will still be blamed for letting it happen. You could tell the Irvine Company to go back to Disneyland. Thanks, Ruby Thanks & Regards, Ruby Elbogen, Editor/Publisher The C Magazine & Cupertino-News.com 408/355-0575 From: Ruby Elbogen [mailto:rgelbogen@aol.com] Sent: Tuesday, September 16, 2014 8:54 AM To: George Schroeder Subject:The Fence Between Vallco & Our Neighborhood Hi, George- Rumor has it that Apple, the City and/or some other entity wants to take down the fence between Vallco and our neighborhood. Our home is on No. Portal. I can only assume that all the people involved, who are fairly new to Cupertino are unaware of Propositions D & E--and the fact that our neighborhood fought a huge war to keep that fence up. And, does the City and Apple, etc. realize how dumb the premise is that in order to promote Walkability those who want to turn our area of Cupertino into what it doesn't want to be--a friggin' Pass Through for Apple employees--who profess Walkability, but who can't or won't walk around our very nice quiet area? We want to nip this in the bud early, but we can gather a crowd to make it an issue. What is your advice? Cheers, Ruby Thanks& Regards, Ruby Elbogen, Editor/Publisher The C Magazine &CMagazineOnline.com 408/355-0575 COMMENT CARD Please fill out this card with any comments you have related to the Draft 2040 General Plan and Housing Element.The City will include all comments in upcoming Planning Commission and City Council staff reports.You can also submit comments online at www.cupertinogpa.org or via email to:planning@cupertino.org. Contact Information p Name:jJ�C t r-)�VYZX Phone#or Email:(GSO)4oq-7'� Address:�V5a3 R0;r��er>zSV vl,�CC City:CvPeV�k'>-�o State:CA Comments:'I 5v�W�M ace�oJS i V1 FcC 0A)",)Come-pf o�� ahc\fo,bow`those.who wan'\to buy C<(en+WIth�t PA--Q-hoys�n�'tom Cc,5�of hoJsi'r,g iu,�lllc,n")b,ue+- \r,ccea5e,�ovn+\ie5 W�,o c9uE We need j7,>cxddcess r11E Ce0.lty+'ng+�,Cs t�w efe ace;n ccp-6�cA oav c��-he n2Ly emp I o,/V s ne�a.,a�(ac=-e �o dive, T o.\sue s-Ry�A he-Nx c9.11 gne� C�din o Gs'}�n('s 1„as be ccrn�r\\52fe--y issue f�, fie-(�n0�5 QV13 Zed Zcoc7 C"(-A 3AC an ewLel�n cy I,),*�J(ids o{�ac�`V25 0,i 1 SuZpo(A wade-c ccrr,Sedya anA oit�kr�r,tlicli�'�e5 cyf�MUIT�-M�a��cC55 o�a�P«U;o►-�_e�,q '��1c52 ren�nor�r,n i'�V�G Sf�eS 1Q� For more information visit: www.cupertinogpa.org COMMENT CARD Please fill out this card with any comments you have related to the Draft 2040 General Plan and Housing Element.The City will include all comments in upcoming Planning Commission and City Council staff reports.You can also submit comments online at www.cupertinogpa.org or via email to:planning@cupertino.org. Contact Information Name:7_,r�h��Phone#or Email:C7oYY1C6C.l�Yo2� Address:!0 r`t O lV011�,�lan�City:�u�L^7�/�`y State: Comments: 0,who 1.u'��dn�(�.j��ne�0�Ger���{n�a>�3 U�l/-v¢ins&00iYld/.4au��Lc�►L/]�/�rY�t�1�t Mod q A-//�I G LO��//oy�%rl 15//1 Oc l/Lt✓1 U JhPi6Er k�P[aen Cd�`�a10A/`//ri a0nne�l�lrx d c�'�aven�G'n��_r.eaoe u9e� P.i n e-n`c.n mYrm l>�/n m n va��.n •(��hav���a�e2orne 1��tio�, Lt ct 2�t 0 C-4aL e„�..!w Z I-n/n ZAYA.1�,filar a i S 4a 9!"s< Ill o r�We-,ha v��I Cn.f,/n Coy n,-a�n,lL e- e�'wool�/ta��n.Coll�ikt F�/.oru'�®n Zs S'o .r�u9t�ems,,n�n 4-,r�.,c��'d Jac r0��w1J2U du,fl rn�G�MYl'Lr��Qrllen,(��'�n.�- �"�('O s'!/cn7�d�hL pt.e E'er m!"{f��n,/Ji d L�X��/act-/1/.t°/iJ�alQ.�_O L,�a_a dd-n C,-o n--o I Ci�,4tf� /A n� u'1 e 4'lra a ng'a"S o rnL�F+7n 11 ZGl o l),o r a ro_" For more information visit: www.cupertinogpa.org COMMENT CARD Please fill out this card with any comments you have related to the Draft 2040 General Plan and Housing Element.The City will include all comments in upcoming Planning Commission and City Council staff reports.You can also submit comments online at www.cupertinogpa.org or via email to:planning@cupertino.org. Contact Information Name: P✓e�Il�Phone Email:S7G.I I3 C°Xo-kOU.� Address:g»��Ypfldl�r City:�'°State:-- Comments:CoNJ„(�ib�!�-t>y x;/S1 n77/e T°fJl`c�1 f+el of 6Nr✓per. Tfff,/r mil,=door fnf o(,,.ouu✓=Gv,IV+j1,fr(,m 5kf Ff6pt d P ti-1,d s� Arlr.f!/e COu�Q 0�^r�(l°Tc�s�1�{f��UD��I?ert fD rPrro�Uu� CGS�t 2.JV e,j fYr'i 1�<0 ai b i f"!,,-s 1 ka A�f/1"�'�C�+uf}.p®i-s-,c'i'I'i�'d./V PpO TD Q'�e1 d�vF(frees•Greer��;1 F�I�r b�/�,Q iS Sal/ 3.S'N�yeej Nff�iQFr�il,1p(�fr G�/V'/c ltap�.�Ci°+LU�v�/��yPfa�� C(vr�I\N-�p fIA�ec 1i111N��'SY✓4,-.!Uk I�R-v�i P-'��v�'-�a-i�-IUf-IS l7H W, ,Pvo,�[�I'rateFL/ter 1�N�5>+,�f�t dT IITF st 1�I"�N,ea,,-6 S'/7 Y��1.C!'LN A'Ylr �luw 4f�,6✓c(Pslh NOT�ab e 0)Uty to c',+Y f,0,+t-N4 M7C(1ivc��-Fd'F�U�v�a�(A'rlrN N'cbll<�/�Lvw�iftv�fr-'� For more information visit: www.cupertinogpa.org From: Dicksteinp@aol.com [ma i Ito:Dicksteinp@aol.com] Sent: Monday, October 06, 2014 10:17 AM To: Gilbert Wong; Rod Sinks; Orrin Mahoney; Barry Chang; Mark Santoro Cc:travigne-villas-hoa@googlegroups.com;faridakhan123@yahoo.com; pamcafee1942@yahoo.com; betspix@gmail.com; amarsl0@hotmail.com; rgelbogen@aol.com Subject: Council EIR session Tue Oct 7 4-6:30pm Gentlemen: Since I will probably be late for tomorrow's meeting, which is beginning rather early, I am submitting, or reiterating, some comments in advance. 1) The EIR is a bit of a whitewash. That is, the facts are there but the conclusions need to be taken with a large grain of salt. Impacts on traffic, air pollution and water supply that are reported as "less than significant" by the authors may not be so regarded by the ordinary residents of Cupertino. 2) The responses to the comments on the EIR are a series of justifications --was there ever any acknowledgement that in a particular instance the commenter might be right and therefore something ought to be scaled back? 3) 1 have already spoken at length about the impact on traffic and air quality of further housing development on Blaney Avenue, but now, once again, I wish to address water supply. 4) Water is already being rationed north of here, while the latest issue of Cupertino Scene is urging residents to conserve water and suggesting several ways to do so. Yet what good does it do for us to take shorter showers if in the end water is not being conserved but simply transferred to thousands of new apartments and offices? Climate change is not going way and the figures provided in the EIR for a five-year drought situation belie their sanguine conclusions. 5) 1 am unclear as to what will happen on November 3. 1 hope that the final Plan will not be adopted the day before the elections! Many Silicon Valley residents work long hours and cannot attend an endless series of meetings but they do vote. Any final decisions should wait. Sincerely, Phyllis Dickstein Travigne Villas From: <info@cupertinogpa.org> Date: Mon, Oct 6, 2014 at 8:57 PM Subject: Comment from City of Cupertino General Plan Amendment Website To: info@cupertinogpa.org Comment Submitted by: Name: Kai Wetlesen Organization: None Given Email: kwetlesen@mac.com Possibly Regarding Page: /documents/view/195 Subject: Error in General Plan Amendment, page 4.13-25 Comment: regarding: The General Plan Hello, The headways cited in 4.13-15 are not correct according to VTA timetables within the Cupertino city limits. The following corrections should be made to the headways table: 23: 10 to 12 minutes 25: 20 to 30 minutes 26: 30 minutes 55: 30 minutes Regards, Kai Wetlesen ta a •- ` I IF S A N T A October 9,2014 CLARA UNIFIED Piu Ghosh SCHOOL Community Development Department DISTRICT City of Cupertino 10300 Torre Avenue 1889 Lawrerce Rd. Cupertino, CA 95014 Santa Clara,CA 95051 408) 423-2 000 RE: City of Cupertino General Plan Amendment,Housing Update STANLEY ROSE 111,Ed.D. SUPERINTHNDES Dear Mr. Ghosh, The Santa Clara Unified School District appreciates the opportunity to provide input for the General Plan Amendment and Housing Element Update Environmental Impact Report(EIR). The Amendment and Housing Elements have several impacts to schools. Pedestrian friendly communities are a catalyst for residential interaction, outdoor activities and walking or biking to school. Student safety is paramount for the District and safe routes to schools help to protect the students and parents walking and/or bicycling to school. The District requests safe routes to the schools to be identified prior to large residential development projects. Students are extremely sensitive receptors to pollution and the air quality around the school can have a significant effect on students' health. The increased traffic congestion,construction equipment,and ongoing airborne contaminants due to the projects should be studied relative to the proximity of the schools. The increase in vehicle trips may also affect the transportation of students to and from the schools. Alternative C, The Proposed Project, evaluates adding 4,421 units to the City of Cupertino, some of which will be located within the Santa Clara Unified School District attendance boundaries, including Housing Element Site 10(The Hamptons). The Housing Element Site 10 currently has 342 units and plans to add an additional 820 residential units. The increase in residential units will create additional students for the Santa Clara Unified School District. Laurelwood Elementary and Wilcox High School,two of the three schools for this attendance boundary,are currently over capacity. The Santa Clara Unified School District will not have capacity for the additional students until a new elementary and a new high school is constructed. The Proposed Project also presents an increase of 5,383,910 square feet of office and commercial construction. Every 1,664 square feet of commercial or industrial development creates the need for one additional housing unit in the Santa Clara area for new employees of the businesses. The District's schools do not currently have the capacity to accommodate the students from these homes. Developers need to collaborate with the District in order to remedy these capacity shortfalls within the Santa Clara Unified School District due to the development growth. Education Code 17620,paragraph(5), states a city"...shall not issue a building permit for any construction absent certification by the appropriate school district that any fee, charge, dedication, or other requirement levied by the governing board of that school district has been complied with, or of the district's determination that the fee, charge,dedication, or other requirement does not OF EnucA�Trox apply to the construction." Santa Clara Unified School District requests the City of Cupertino to uphold the code section above and not issue building permits without the appropriate response INA K.BENDIS JIM CANOVA ALBERT GONZALEZ CHRISTINEKOLTP.R-MANN "The mission of Santa Clara Unified School District is to prepare stug#W4 1 ANUREFJRARYAN N P.11CABi.E RYAN of all ages and abilities to succeed in an ever-changing world." CHRISTOPHER STAMPOLIS from the District. When the City does not enforce this section of the code, Santa Clara Unified is not able to appropriately plan for student growth within the District. The Santa Clara Unified School District is requesting the City of Cupertino to encourage developers work with the District to mitigate these impacts as well as the fees related to additional classrooms and/or schools. Please contact Michal Healy,mhealy@scusd.net with any questions. S' S' cerely, jo Mark Allgire, CPA,Assist t uperintendent,Business Services MA:mh Page 12 Ivor E.Samson ivor.samson@dentons.com Salans FMC SNR Denton Partner D +1 415 882 2491 dentons.com Demons US LLP 525 Market Street 26th Floor San Francisco,CA 94105-2708 USA T +1 415 882 5000 F +1 415 882 0300 October 9, 2014 BY E-MAIL& FEDERAL EXPRESS (planning@cupertino.org) Mr. Paul Brophy Chair, City of Cupertino Planning Commission 10300 Torre Avenue Cupertino, CA 95014 Re: Sears' Comments on Proposed General Plan Amendment Dear Mr, Brophy: This letter is provided on behalf of the Sears Holding Corporation ("Sears"), which owns and operates the Sears store in the Vallco Mall at the corner of North Wolfe Road and Stevens Creek Boulevard. We have reviewed the Cupertino General Plan Amendment, Housing Element Update, and Associated Rezoning Draft Environmental Impact Report(DEIR) (June 2014) and its subsequent Response to Comments Document(August 2014) to identify the effects of the Proposed Project on the Sears property and store operations. This letter describes Sears' concerns associated with the proposed modifications to zoning and increased densification in the vicinity of the Vallco Mall. Planning Context The Sears store is located at 10101 North Wolfe Road (APN under Sears ownership: 316-20-080, 316- 20-081, 316-20-082). The parcels are located within the Heart of the City Special Area and the South Vallco Park Gateway West area. The Sears property is currently zoned as P (General Commercial), as indicated by the Heart of the City Specific Plan (revised 2012) The proposed General Plan Amendment also indicates that both the Sears property and the mall are currently zoned as P (Regional Shopping). The Sears site is also included in the South Vallco Master Plan (adopted 2008). The current and future land use as indicated in that Master Plan is Regional Shopping Mall. The Master Plan includes a number of objectives, including "improve connections for vehicular access", "minimize traffic impacts on local neighborhoods", and "promote compatibility with existing and new developments". The General Plan Amendment includes the Sears site within the Heart of the City Special Area, South Vallco Park Gateway West, Study Area 6 and Housing Site#11. The General Plan Amendment Proposed Project would modify the zoning of the South Vallco Park Gateway West area, including the Sears site, to P (Regional Shopping, OP, Res). The height limit would be increased from 60 feet to a maximum of 85 feet if certain conditions are met. Additionally, Housing Site#11, which includes the Vallco Shopping District, has been identified as having the potential for and reasonable yield of 800 residential units. WIN no M Mr. Paul Brophy Salans FMC SNR Denton October 9, 2014 dentons.com Page 2 Land Use Compatibility Effects of the General Plan Amendment Housing Site#11 is proposed to include 800 new residential units. Additionally, the land use assumptions used in the traffic model for the area in the vicinity of the Vallco Mall, according to the Response to Comments Document, include the addition of 2,000,000 square feet of office, 489 hotel rooms, and the reduction of 445,171 square feet of commercial space. This loss of commercial space is in conflict with the policies included in the South Vallco Master Plan and the Heart of the City Specific Plan and potentially jeopardizes the Vallco Shopping District as a regional shopping center. The replacement of the regional shopping center with alternative uses, as assumed by the EIR analysis, would potentially adversely impact Sears' business by reducing the appeal of the store for regional shoppers. It will introduce adjacent uses that are not necessarily compatible with the current regional shopping use. While the assumptions of the traffic study are simply a forecast of future use, it should be clear that if the existing regional shopping space is retained, and some magnitude of office, residential and/or hotel use added to the area, then the traffic analysis greatly understates the resulting effects on the surrounding transportation network and traffic conditions would be worse than described. General Plan Amendment's Effects on Circulation Traffic flow in the vicinity of the Sears site already operates at constrained levels, and the Proposed Project will only make things worse. The General Plan Amendment greatly increases the development potential in the vicinity of the Vallco Mall. The increased development intensity and new land use types will cause significant traffic congestion impacts in the vicinity of the Sears site. The increased traffic congestion will make access to the Sears store more difficult, impacting the competitiveness of the retail site as a regional shopping destination. Even without the addition of Proposed Project traffic, several intersections in the vicinity of Sears are forecast to deteriorate to a deficient level of service due to regional growth. The General Plan Amendment Proposed Project further increases total traffic volumes on Wolfe Road and Stevens Creek Boulevard by greater than 10 percent(in terms of average daily traffic), greatly exacerbating the forecast traffic problems. The Proposed Project will result in significant project impacts at the following intersections in close proximity to the Sears site: • Wolfe Rd & 1-280 NB Ramp; • Wolfe Rd & 1-280 SB Ramp; • Wolfe Rd/Miller Ave & Stevens Creek Blvd; • Tantau Ave & Stevens Creek Blvd; and • 1-280 SB Ramp & Stevens Creek Blvd. Additionally, the Proposed Project will result in significant freeway impacts on both directions of 1-280. These significant impacts will result in deterioration of local circulation and make it more difficult to access the Sears site. The Proposed Project's traffic impacts were identified as significant and unavoidable in the DEIR, as mitigations were not required in order to implement the Proposed Project. A traffic impact fee program is proposed in the DEIR, but no timeframe for adoption of a fee program is included and there is no guarantee that the potential mitigations listed will be included in the fee program or implemented in conjunction with new development. The fee program must go through a lengthy analysis and review • Mr. Paul Brophy Salans FMC SNR Denton October 9, 2014 dentons.com Page 3 process prior to the start of fee collection. Fee accounts will only start accumulating upon adoption of the fee program ordinances, and there is no certainty that deficiencies in the vicinity of the Sears site will be addressed as they arise. The DEIR notes that a Project Study Report(PSR) is needed for the widening of North Wolfe Road at the 1-280 interchange, but no trigger for the PSR is identified, nor is a funding source identified. Traffic impacts in areas outside of Cupertino's jurisdiction are also left as"significant and unavoidable." Mitigation of these impacts are left up to the discretion of other agencies without a funding source indicated. We are concerned that the traffic congestion resulting from the Proposed Project will not be sufficiently addressed, resulting in difficulty accessing the Sears store and negatively impacting business. Comments on Traffic Findings The traffic analysis identifies a number of significant impacts associated with the Proposed Project. However, we are concerned that the magnitude of the impacts is not sufficiently stated and/or insufficient information is provided to fully identify impacts. Some of the more serous concerns regarding the analysis' methodology and how it may be understating the traffic impacts in the vicinity of the Sears site are as follows: • The traffic analysis does not study the Proposed Project's effects on the intersection of Perimeter Road and Stevens Creek Boulevard. Perimeter Road represents a major access point for the Sears property and the Vallco Mail. Higher densities within the Vallco Shopping District will undoubtedly increase use of Perimeter Road and traffic volumes on Stevens Creek Boulevard and are shown in the DEIR to significantly increase with the addition of the Proposed Project. Therefore, the operation of this intersection with the Proposed Project is of particular concern. • No analysis of peak Saturday conditions was performed. While a Saturday analysis may not be necessary City-wide, given that the Vallco Mall is a regional shopping attractor(and planned by the City as such), weekend peak traffic activity should be studied. Ensuring adequate circulation in both the weekday PM peak period and weekend afternoon peak periods are both critical to the success of the Sears store. • The Transportation and Traffic chapter in the EIR does not reference or acknowledge the Stevens Creek BRT project, currently in the planning stage. The ultimate effect of the BRT project on the roadway network is not currently known, but solutions under consideration, such as dedicated transit lanes or other transit priority treatments, may significantly affect vehicle operations and the viability of the roadway network subject to the conditions of the Proposed Project. • The traffic analysis assumes completion of all Apple mitigation measures in the 2040 No Project scenario. However, the Apple Campus 2 Draft Traffic Impact Analysis (May 2013) indicates that improvements at the 1-280/Wolfe Road interchange and the 1-280/Stevens Creek Road interchange would be significant and unavoidable impacts since they are in Caltrans'jurisdiction. Additionally, as noted in that same analysis, Apple is only contributing its pro-rata share for the improvement at Wolfe RoadNallco Parkway. The remainder of the funding and the timeframe of the improvements have not been determined. If these improvements were not constructed, then the impacts of the Proposed Project on the Sears property would be even greater than identified. • Mr. Paul Brophy Salans FMC SNR Denton October 9, 2014 dentons.com Page 4 • While the DEIR did not contain information on the trip generation or detailed land use assumptions used in the traffic analysis, the Revision to the DEIR provide a marginal amount of additional information. However, it is unclear what trip rates were assumed in those calculations. Summary of Concerns In summary, we understand the City's desire to meet the demand for jobs in the area and to meet it's regional housing requirements. However, we are concerned that the increase in land use densities from the Proposed Project will be inconsistent with the South Vallco Master Plan and will negatively affect the Sears property and store operations. These concerns are summarized below: • The densification of nearby land use will significantly increase congestion and introduce additional traffic impacts, making it more difficult to access the Sears site. The increased travel time to the Sears site, and increased circulation and parking time may make it more likely that customers will find alternate locations to meet their shopping needs. A traffic impact fee program is proposed as the solution to the identified traffic impacts. While this may ultimately help address Citywide circulation needs, we are concerned that the fee program will not sufficiently provide the congestion relief when and where the impacts are generated. • The traffic analysis appears to understate the impacts of the Proposed Project by not evaluating Saturday conditions or conditions at Perimeter Road and Stevens Creek Boulevard; by assuming an extensive reduction in retail square footage at South Vallco Park Gateway West; and by assuming the implementation of projects in the baseline scenario that may not be fully funded and programmed. • The modification of zoning within the South Vallco Park Gateway West area may lead to a reduction in commercial square footage within the Vallco Shopping District, as assumed in the traffic analysis. This may reduce the regional attractiveness of the shopping area, to the detriment of existing retail businesses. It also is contrary to the policies enacted as part of the Heart of the City Specific Plan and South Vallco Master Plan, both of which emphasize maintaining the character of the regional shopping center and compatibility of existing and future uses. The Alternatives chapter of the DEIR analyzed the impacts of two alternative land use scenarios. Both alternative land use scenarios result in fewer traffic impacts than the Proposed Project. In particular, Land Use Alternative B results in much less congestion at intersections and on the freeway, and a lower vehicle miles traveled (VMT) per capita. Land Use Alternative B achieves the City's goals of increasing density and providing mixed-use development opportunities, but without the severity of traffic impacts associated with the Proposed Project. Therefore, we encourage the City to consider adopting one of the land use alternatives to the Proposed Project in order to reduce the Project's detriment to existing businesses. Additional ways in which the City can help address these concerns include: • Implementing the fee program promptly, and ensuring that it includes the full slate of improvement projects necessary to mitigate traffic impacts. Projects funded by the fee program should be implemented as soon as sufficient funding is available and prioritized based on the location of the development. • Working closely with Caltrans and surrounding jurisdictions to ensure that traffic impacts in Caltrans or other jurisdictions are mitigated and improvements implemented in a timely manner. W • M.W Mr. Paul Brophy Salans FMC SNR Denton October 9, 2014 dentons.com Page 5 • As development projects are proposed, require that they be compatible with existing land uses. This includes verifying that development activity does not diminish access to existing land uses or the business viability of those uses. Thank you for this opportunity to comment on the City's proposed General Plan Amendment. Please feel free to contact me if you have any questions or concerns. Very truly yours, Dentons US LLP Ivor E. Samson I ES/kzc cc: Aarti Shirvastava From: Catherine Alexander[mailto:cdjalexander@gmail.com] Sent: Friday,October 10,2014 2:47 PM To: George Schroeder Subject: Re: Cupertino General Plan Amendment and Housing Element Update- Planning Commission Thanks, George. I have a board meeting that night at one of the non-profits whose Web site I write/manage, and can't attend. My comments for the record: In my opinion, new, dense housing complexes will ruin property values for single-family homeowners and impact the historic safety of our Cupertino neighborhoods, overcrowd our struggling schools (Building up is not a viable solution) and increase traffic and parking problems to unbearable levels. Residents who pay property taxes here are already struggling with traffic congestion and parking problems at shopping areas due to downsized parking lots designed to increase acreage available for development. Many residents now shop and dine in other cities where parking and congestion is more manageable, as was mentioned more than once by residents during the hearings,yet apparently not recorded in the minutes by consultants working for developers and the City. In my opinion, our Cupertino City Council and the current Community Development manager seem to care about housing Apple employees who bike and walk to work and are not working for long term residents who own single family homes here and want to preserve their quality of life. Seniors, residents with small children and those who are disabled are not able bike or walk to shops or restaurants in overdeveloped areas of Cupertino.These physically-impacted groups seem to have no place in the City of Cupertino envisioned by the manager of the Cupertino Community Development team,who seems unwilling to hear any actual opinions and experiences from residents which differ from her own somewhat rigid futuristic vision and theories of how we should want to live here. Her goals for our City seem to be based on her cited and compiled,theoretical planning statistics, not what residents want. The Cupertino Community Development manager apparently was part of the team who created the current traffic and parking mess in downtown Mountain View, based on the same bike and public transit theories and statistics she seems to using now,to envision the Cupertino she feels would be best for residents. Despite the feedback that most residents disagree with her,these theories trump actual residents views, so some of us have stopped attending public hearings because she and the City Council don't seem to be willing to hear that residents don't want any of the changes planned for Cupertino and its posse of consultants and developers. Residents are interrupted or cut off at hearings and some of our anti-growth views don't seem to be recorded by the consultants working for developers and City. The Cupertino Community Development manager was apparently one of the city planning team who created the "new Mountain View," where travel and parking is now almost inaccessible,where Mountain View residents and business owners must now purchase$300 annual parking permits to visit shops and restaurants or park near their own downtown businesses. Downtown Mountain View restaurants and shops on Castro Street are now almost inaccessible to residents, based on severe traffic and parking problems every evening. City visitors now attempt to 1 park in front of resident's homes in those residential areas several blocks deep surrounding Castro Street, since the same, "everyone will bike and take public transit"thinking, apparently by this Cupertino planning manager during her tenure in Mountain View, was used to tell residents what they should want in their City based on statistical models which were unrealistic,so vastly inadequate and poorly planned parking, has become the new norm in Mountain View. Now, Mountain View residents are living in a civic nightmare of continual congestion,with residents and visitors circling blocks in every direction for over 30 minutes most evenings,just to find one parking spot.This is not safe for families, children,the elderly, or the disabled,who use cross walks and need parking in front of their own homes, and who absolutely need their cars and parking spots near Mountain View's Kaiser facility, City Hall, Library, pharmacies,grocery stores and other shops. Cupertino residents do not want to see our City condense itself to a limited bike/mass transit- centered future,where every foot of our City is not just developed, but over developed, and the elderly and disabled, or those with small children are disenfranchised. Long-time residents don't want their community to become a series of high-rise apartment complexes and condos over businesses, or of shopping areas, parks and libraries which no longer have adequate parking and green space for residents. High-density developments age and degrade over time and look shabby, and they are hard to remove once they are in place because they make money for the owners, who most often do not live in Cupertino themselves and don't have to live near them or deal with the traffic, health and safety problems they create. Protect Cupertino property for those home and business owners who actually live in our City and who care about its long term quality of life, its history, its safety, its schools, and our families, seniors, and disabled. Create a balanced City which is not overly focused on one business or one demographic, at the expense of everyone else in the City. Residents with single family homes who moved here expecting their neighborhoods to exist of other families in similar single family homes,who were told Cupertino had a "no-growth" policy when they moved here, do not to be overlooked by apartment and condo complexes, multistory garages, or Santana Row-like developments that, let's face it, no matter how fancy they are, are fake re- creations of historic buildings and look fake and tacky. Cupertino demolished (and should have preserved) its own historic buildings, and lost what could have been its own Los Gatos-like authentic Santa Cruz/University Avenue quaint downtown area with a planned civic center park at the corner of Stevens Creek and Saratoga-Sunnyvale Road (as it was called then). Instead, as it always has since the 1970's,Cupertino City Council members chased the development and industry dollar, believing the large industry du jour(remember Varian Associates/Valco Park, Hewlett Packard, Sunsweet,Gemco, and all of the other businesses which were the answer for Cupertino,yet have since fled)were the answer to Cupertino's future. Even now,Apple is moving to a complex bordering Santa Clara, and my guess is that the dated and run-down light industry buildings it uses near Bandley Avenue, Lazaneo Avenue, and Mariani Drive,will be abandoned in the next 5 years,with no industry filling those office space leasing gaps. Those industries mentioned above moved away after Cupertino had already destroyed plans for parks, Civic Centers and museums using historic buildings on those properties,which had been previously preserved in no-growth plans to benefit residents and our history. Sadly,we can't bring 2 our historic structures back. Even the historic Cali Brothers grain silo, left to the City and destined to become a historic park relic,since it was beloved by many here as the town's own Eiffel Tower-like monument when it was decorated with lights and a tree every holiday season, somehow was mysteriously destroyed when it was entrusted to the City of Cupertino, and Apple wanted to develop that corner lot. Let's face it, Cupertino has apparently been for sale to the latest developer for many years now, based on greed for revenue at City hall,with its posse of Chamber allies, consultants and developers. What Cupertino could have been, if creating a city which respected our history, environment(while refusing funding for civic life projects and programs from our greatest local polluter, Lehigh Cement), neighborhoods, green space and quality of life for residents and families, was lost long ago. The latest consultant and developer-based dance around producing an Amended City Plan, is just another step towards turning Cupertino into Mountain View, where there is little parking, cramped residential areas and schools, and where some historic structures have been destroyed to create fake, new buildings with an historic look,to jump on the current Santana Row-themed fad of fake historic Victorian or Mediterranean-like architecture,for those who want to feel like they are in historic Los Gatos or San Francsico,yet don't want to make the effort to drive there to experience real respect for history and authentic architectural preservation. Folks,you can't sell phony, high-density Victorian and Mediterranean architecture to high tech workers.These workers are highly educated and know the difference between fake Victorian and Mediterranean cheap residential reproductions, which is why many of them choose to live in Los Gatos,Saratoga, Los Altos and Palo Alto,where actual historical homes and structures were thoughtfully preserved by those cities and still exist as businesses and single family homes. High density housing in those cities is not crammed in among single family neighborhoods, but limited to light industrial areas, so home values and the quality of life in city centers, is not impacted by less desirable combined residential and business developments. Best, Catherine Alexander http://www.siIiconvaIleylibrarian.com/ From: Catherine Alexander [mailto:cdjalexander@gmail.com] Sent: Friday,October 10, 2014 3:58 PM To: George Schroeder Subject: Re: PS-Cupertino General Plan Amendment and Housing Element Update- Planning Commission Hello George, Please also add this to the record: As a Cupertino resident, my single family home,which used to be inside and surrounded by orchards, was allowed,through re-zoning and City Plan amendments,to sit beside a huge apartment complex and its entry lane, once our neighbor sold his orchard land to developers. 3 In what once was a clean and quiet neighborhood of single family homes, my home and front yard now and for many years since the apartment development was built, has had chronic: * Car alarms at all hours. * Traffic at all hours. * Honking at all hours. * Dogs barking and cats howling at all hours. * Cats defecating in my back yard at night. (I don't have pets.) * Cats having kittens in my yard. * Rats regularly coming under my fence,since the trash bins in the complex parking area are directly across the entry lane from my back yard. * Conversations and car key electronic beeping noises at all hours on the entry lane near the bedroom windows of my home. * People trespassing and walking under my bedroom windows at all hours. (the City will not allow a fence to be built near the property line.) * Loitering running vehicles and parked vehicles in no-parking areas in front of my home, with people using phones,talking,visiting, eating and smoking in illegally parked cars, since the apartment complex is non-smoking. * People parked across the street from my driveway(in a no parking area) and taking photos of my home and garage,when I have my garage doors open. * Apartment managers (male)who watched me through their tall shrubs, when I mowed my lawn or trimmed my plants. * Cigarettes, cigarette butts,food, cups,wrappers, used and unused condoms, and used and unused sanitary napkins/tampons, and other food related and personal trash,which is regularly tossed in my yard and under my 50-year-old redwood trees, which I have to clean up. * Weeds and quince apples left behind apartment complex bushes at their property line,which are never removed by apartment yard maintenance workers (I have asked)so I am left to remove them myself to prevent the spread of seeds/weeds into my yard, or rodents and pests near, in or under my home. * People regularly smoking near my historic trees without any apparent common sense or respect for my property or fire safety,flicking their live ashes and butts in my yard on dry mulch under my dry trees,which I can't water during this drought. * People also smoking and flicking live ash and butts under dry trees, leaves and needles, on the state property across the street from my home, creating ongoing neighborhood fire danger, despite 4 years of requesting that the apartment complex create a smoking area on its own property,to improve chronic littering problems and fire safety in the neighborhood. * People sitting under the trees on my property, in my front yard,without respect to property boundaries. * Workers from the complex, parking in my driveway to make phone calls and eat lunch. * Repossession car haulers parking across my driveway as they quietly walk through apartment complex parking areas to repossess cars from delinquent car buyers, usually between midnight and 1:30 a.m. on work nights,with their pulleys and hydraulics running the entire time outside my bedroom windows. * Moving vans,tractors and construction crews parked across my driveway for several hours, as work takes place in the apartments during the year. * Tractors and trailers left parked in front of my home for days in no parking areas, as construction takes place in the apartments. * Devaluation of my home and property, due to all of the above from the existence of apartments next door to my home, as reported in my last property evaluation. 4 When the City says there will be no impact to existing single family homeowners from new high- density residential developments,that is not accurate nor honest, in my opinion and based on my real life experience. Best, Catherine Alexander http://www.siIiconvaIleylibrarian.com/ From:Catherine Alexander [mailto:cdjalexander@gmail.com] Sent: Friday, October 10, 2014 4:20 PM To: George Schroeder Subject: Re: PS again comments to add to the bulleted list-Cupertino General Plan Amendment and Housing Element Update- Planning Commission • Since apartments went in next door to my home, I can no longer sleep in my my master bedroom. I have to sleep in a small bedroom on the other side of my home, due to the constant car alarms, early morning honking, and car key electronic beeps in the parking area of the complex,which is directly across their entry lane from the windows of two of the bedrooms in my home, once of which happens to be my master bedroom. • 1 hear a steady stream of talking and slamming car doors, if I try to use my own master bedroom,since apartment residents also park along the lane along my bedroom windows, and sometimes have prolonged loud conversations near their cars. I have literally been jolted awake at 1 or 2 a.m., nearly every day of the week, until I gave up and slept in another room in my house. • Likewise, residents leave their apartment unit windows open at night and crank up their music and televisions, so it is impossible to use my master bedroom in summer months, since I hear all of their music, movies and programs. • 1 am also woken at 6 a.m. on weekdays from apartment noise (I worked some nights on my job with the County, so this was a real problem),which including slamming car doors, yelling, and people honking several times directly outside my bedroom windows,while picking others up at the complex or dropping them off late at night. Best, Catherine Alexander http://www.siIiconvaIleylibrarian.com/ 5 From: George Schroeder [ma i Ito:GeorgeS@cupertino.org] Sent: Monday, October 13, 2014 8:57 AM To: Piu Ghosh; Aarti Shrivastava; Rebecca Tolentino; Terri McCracken; Dan Amsden Subject: Catherine Alexander Comments on GPA/HE - SUPERSEDES OTHERS Good Morning, I received these comments from Catherine Alexander over the weekend. and she said to let these supersede the 2 or 3 others she sent on Friday.Thank you, and see below: My comments for the GPA hearing record: In my opinion, new, dense housing complexes will ruin property values for single-family homeowners, impact the historic safety of our Cupertino neighborhoods, overcrowd our struggling schools (adding new stories to existing schools is not a viable solution, since city streets are already impassible for parents and residents who live near schools) and dense development of any type will increase traffic and parking problems to more unbearable levels. Residents who pay property taxes here are already struggling with traffic congestion and parking at shopping areas, due to downsized parking lots designed to increase acreage available for development. Many residents now shop and dine in other cities where parking and traffic congestion is more manageable, as was mentioned more than once by residents during the GPA hearings,yet was apparently not summarized in the report of overly-favorable resident feedback found in the proceeding materials as produced by developer-paid consultants funded by interested business owners and the City. In my opinion, our Cupertino City Council and the current Cupertino Community Development manager seem to care only about courting and housing local tech employees who bike and walk to work. Our City Council and Community Development manager no longer seem to be working for(nor really considering the interests of) long term and new Cupertino residents who pay their salaries through taxes, nor residents who own single family homes here who also want to preserve their quality of life, having made a significant financial investment in our community and its welfare. Seniors, residents with small children and those who are disabled are not able to bus, bike or walk to shops or restaurants in Cupertino.Those physically-impacted groups seem to have no place in the City of Cupertino envisioned by the manager of the Cupertino Community Development team, who seems unwilling to hear any actual opinions and experiences from residents which differ from her own somewhat rigid futuristic vision and academic theories of how we "should" want to live here. She repeatedly seems to not hear or acknowledge what residents have stated they want for Cupertino's future, if those comments and wishes do not 1 agree with her projected models and research statistics, based on popular urban planning theory. The Cupertino Community Development manager apparently was part of the team which created the current traffic and parking mess in downtown Mountain View, all based on the same bike, pedestrian and public transit theories and statistics she seems to be using now,to envision the Cupertino she feels would be best for residents. Some residents have stopped attending public hearings because they don't want any of the changes planned for Cupertino by its posse of urban planners, consultants and developers. Residents expressing opposition have been interrupted or cut off at hearings, and some of our anti-growth views don't seem to be recorded by the consultants working for stakeholder developers, business owners and the City, or found in those glossy General Plan Amendment brochures the City posts online, which residents often can't access or print, due to heavy graphics usage which eats up home ink cartridges and takes huge chunks of Internet bandwidth to download. The Cupertino Community Development manager was apparently one of the city planning team who created the "new downtown Mountain View," where car travel and parking has become almost impossible. Mountain View residents, workers and business owners must now purchase $300 annual parking permits to visit shops and restaurants,to park near jobs, or to park near their own downtown businesses. Visitors to downtown Mountain View now attempt to park in front of resident's homes in residential areas surrounding Castro Street, since the same, "everyone will bike, walk and take public transit"thinking, apparently from this Cupertino Community Development manager during her tenure in Mountain View, was used to tell residents what they should want in their City, based on the same unrealistic statistical models now being used in the City of Cupertino. Apparently, as a result,vastly inadequate surface road access and poorly planned City-wide parking levels, pedestrian safety and access for seniors and the disabled, or families with small children, have become the new norm in Mountain View, after their downtown was repurposed. Mountain View residents near Castro Street live in a civic nightmare of continual congestion, with residents and visitors circling blocks in every direction for nearly 30 minutes most evenings, just to find one parking spot.This is not safe for families, children, the elderly, or the disabled, who need safe cross walks and easy parking in front of their own homes, plus easily accessible parking near Mountain View's Kaiser facility, City Hall, Library, pharmacies,grocery stores and other shops. One wonders if their stories now appear in the statistical models recalculated or revised by the City of Mountain View, once the real-life effects of poor planning became apparent years later. 2 Cupertino residents do not want to continue to see our City condense itself into a limited bike/mass transit-centered future,where every foot of our City is not just developed, but overdeveloped, and the elderly and disabled, or those with small children, continue to beforgotten in favor or tech workers' habits and preferences. Residents do not want our City to become so densely occupied that normal living becomes even more impossible, due to the already extremely poor City Community Development management planning used in the location of civic buildings, parks and the parking lots adjacent to them, notably our Cupertino City Hall, the Library, the Cupertino Community Hall and Memorial Park, which residents are often unable to access or use, due to the ongoing lack of parking during events and programs. Ironically, Cupertino residents are unable to attend civic hearings on the proposed City General Plan Amendment, because there is such inadequate parking near the combined City Council Chamber/Community Hall, located between the library and City Hall.The fancy, online City Plan General Amendment consultant-produced documents and promotional booklets do not mention that each public General Plan Amendment-related hearing has had maybe 2-5 residents present in recent months, due to inability of residents to park nearby to attend these meetings, or the fact that some hearings were held during normal 9-5 business hours, when most Cupertino residents were either at work or busy with childcare. There seems to be a sad lack of transparency and honesty in the online General Plan Amendment documents, since they were produced to push residents towards approving new high density housing and multiuse developments, and to make it appear that residents were really behind the move towards new high-density, when in reality,the same flotilla of businesses and their developers, consultants and the Chamber of Commerce, seem to really be behind the move to continually sell out and increase the density of Cupertino's residential landscape, continuing to try to turn us into one large, ongoing strip mall like the now ubiquitous Santana Row model, in hopes that they may make$ millions off of new and existing tech workers. Long-time residents don't want their community to become a series of high-rise apartment complexes or condos over businesses, or of shopping areas, parks and libraries which continue to have completely inadequate parking with shrinking green spaces for residents. High-density developments age and degrade over time then look dated and shabby. High- density developments are also hard to remove once they are in place (visit the blocks of empty condos near Target in downtown Sunnyvale, which have remained unoccupied for many, many years now since they were built, after that City demolished the quaint Town and Country downtown area for Santana Row-like "improvements.") 3 The owners of these high-density multiuse monstrosities most often do not live in the complexes or the cities where they have been built, so they do not have to deal with the traffic, health, safety and blight problems they create.Just like in Cupertino, in downtown Sunnyvale, the Farmers' Markets and street fairs are no longer easily accessible to all residents because parking and walking distance to fairs and markets has increased, disenfranchising the elderly and disabled. Close parking that was available previously, was removed in favor or multi-story developments through rezoning.And, again, in Sunnyvale, the Target/condos high rise blocks are ugly and detract from the many well-maintained bungalows and 1930's-style historic homes and buildings, thankfully left untouched in nearby residential streets, which now suffer from constant commercial transient traffic through formerly quiet neighborhoods. Anyone want to guess what that has done to the property values of those historic homes now bordering a giant Target store and parking garage, or several huge nearly abandoned condo complexes? Protect Cupertino property for those home and business owners who actually live in our City and who care about its long term quality of life, its history, its safety, its schools, and our families, seniors, kids and the disabled. Create a balanced City which is not overly focused on one business, one industry, or one demographic, at the expense of everyone else living in the City and our quality of life. Residents with very expensive single family homes moved here expecting their neighborhood to co-exist among other family neighborhoods with similar single family homes.They were told that Cupertino has always had an historic "no-growth" policy, before they decided to move here.Those single family home dwellers do not want to be overlooked by apartment and condo complexes, by multistory garages, or by Santana Row-like developments. Let's face it, no matter how many pre-fab cupolas, vinyl bay windows and fake fiberboard cornices these Santana Bow- like developments employ, nor how many extruded plastic artificial stucco trellises with newly planted roses and vines they are decorated with,they are still blatantly fake re-creations of historic Victorian and Mediterranean buildings, and look as fake and phony as lipstick on a pig, as they age over time. Cupertino demolished (and should have preserved) its own historic buildings, losing what could have been its own Los Gatos-like quaint downtown area, sacrificing a planned historic civic center and park at the corner of Stevens Creek and Saratoga-Sunnyvale Road (as it was called then),trading all of that for pseudo-Italianate high-rise condos and a hotel with no parking for guests, a quasi-modern yet bland Seagate building at odds with the architecture which surrounds it (who approved that?), street-side bistro-like mini strip malls (again with no apparent parking visible for customers along a tremendously busy road where no one would want to sit outside to relax or dine) and a southwest BBQjoint which most health-conscious residents don't use near the corner. The bifurcated Apple headquarters which deep-sixed the planned historic civic center, is now being moved to an area boarding Santa Clara. Where have we seen this, "if we built it they will 4 come" development dance before in Cupertino?That's right, when Hewlett Packard, Gemco, Vallco Park and Seagate developers first came to town. Once again, residents' quality of life, parks,green space, civic areas, shopping centers and neighborhoods, were on the chopping block, in trade for the next big financial carrot dangled in front of the City Council as the next main meal for our City economy, by developers,their PR staff and their consultants, all spinning their glittering, new bottle of snake oil with a promise to cure all of our civic ills (which were far fewer than they than are now, by the way). Since the 1970's, Cupertino's City Council members have chased the development and industry dollar, believing each large industry du four was the fiduciary answer for Cupertino. Each new City Council panel forgets to review how many past major industries have fled Cupertino,failed or are building elsewhere, whose pre-development zoning and permitting, promised to be the answer to Cupertino's future. Even now,Apple is moving to a complex bordering Santa Clara, and the dated light industry buildings it uses near Bandley Avenue, Lazaneo Avenue, and Mariani Drive, I predict, will be abandoned in the next 5 years,with no industries filling those aging office spaces, which will impact our city tax levels and reduce tech employee use of city area businesses and restaurants. The lost industries mentioned above, moved away after Cupertino had already destroyed plans for parks, Civic Centers and museums using historic buildings on those properties, which had been previously preserved in no-growth plans to benefit residents and honor our history and founding residents with a large green space and gathering spaces for residents. Sadly, we can't bring our historic structures back. Even the historic Cali Brothers Grain Silo, willed to the City and destined to become a historic civic park monument, since it was beloved by many here as the town's own Eiffel Tower-like center when its peak was decorated with lights and a tree every holiday season, acting as the center of the City in some respects, somehow was mysteriously destroyed when it was entrusted to the City of Cupertino, after Apple wanted to develop the corner lot which was earmarked to be our historic civic center park in the future. Instead, we got Memorial Park, duck poop, drained lagoons, and no place for residents to park for civic events. Unfortunately,this "oops, we accidentally destroyed that historic ( Your name here )" artifact or structure, or"we accidentally lost it," or"we sold it to someone else," mantra, has been common in Cupertino over the years, unlike the surrounding cities of Santa Clara, Niles, San Jose, Saratoga, Los Gatos and Los Altos, which had community development leadership which understood that preserving history and historic buildings creates tangible civic value, not only in terms of pride of place with residents and visitors, but in terms of City property values as well. Cupertino leadership has always been too transient and too focused on the short-term financial bump of new industry to realize two simple urban development maxims: 1) historic preservation adds destination city Gold to local businesses, and 2) apartments, condos and light industry may 5 co-exist only in designated areas far from historic landmarks, single family residences, and historic downtown tourism destinations. So, although we could have been awesome, we have lost any chance of being an historic destination City with a high tech heart, and as a result, have demeaned the quality of our City life and its essence. We could have been amazing. Instead, our Council wants to fabricate a phony destination pseudo-downtown here,there, anywhere, to replace that which in its infinite wisdom, it chose to tear down for"progress," years ago. Let's face it, Cupertino has apparently been for sale to the latest developer for many years now, based on a greed for revenue and the steady posse of Chamber allies, consultants and developers trying to manipulate City Councils and voters to sell out their own no-growth best interests to prop-up tacky high density projects. Residents are increasingly disgusted with Community Development management which forgets to value residential life in favor of pie-in-the-sky theories of utopian living/working/dining developments favoring pedestrians, bike lanes and mass transit, which almost no resident will use who isn't employed by Apple or attending De Anza College. Parents, granny's, teens, seniors, and most adults here, prefer to drive and park close to destinations, it's that simple folks, despite what urban planning academic thinkers (or developers PR staff) believe,we drive here, so a balance has to be found which does not solely court young tech workers. Want an example? Okay. Let's look at that Mary Avenue Pedestrian Bridge. How much did that cost? Holy smokes, are you kidding me,that much? Um, but I never see anyone actually using it. Ever. In theory, with the high school and De Anza at either ends, it should be hopping all day if people are truly walking and riding bikes at the levels predicted by our Community Development manager. In theory. Wow, wrong urban planning theories and inaccurate usage statistics can be really expensive, can't they? Like in $ millions of dollars expensive.The bridge looks kind of pretty at night,though, I mean, if you look at it like a sculpture or something. Me? No, I've never used it.You have to park on Homestead and walk behind the high school to get to it,then it ends up near a mini storage unit on the other side of the freeway--way too to far from anywhere I'd like to walk and absolutely nothing interesting near by. Whatever Cupertino could have been, if correctly developed by a City team which respected our history and environment (refusing civic funding for projects and programs from our greatest local polluter, Lehigh Cement) and honoring the needs of families, the disabled and seniors seeking low-density neighborhoods, shopping areas and parks, all adding to the quality of life for residents and families, was lost long ago. Folks,you can't sell phony, high-density Victorian and pseudo-Mediterranean architecture to high tech workers.These workers are highly educated and know the difference between fiberboard cookie-cutter condo residential reproductions coated with a stucco effect, which is why many of them choose to live in Los Gatos, Saratoga, Los Altos and Palo Alto, where actual historical homes, heritage trees and structures were thoughtfully preserved by those cities and 6 still exist as businesses and single family homes. High density housing in those cities is not crammed in among heritage single family neighborhoods, but limited to light industrial areas, so home values and the quality of life in city centers, are not impacted by less desirable combined high-rise residential and business developments. As a Cupertino resident, my single family home, formerly inside an orchard and surrounded by other orchards,farms and hothouses, was allowed, through re-zoning and City General Plan Amendments,to sit adjacent to a huge apartment complex and its entry lane, after our neighbor sold his orchard land to high density apartment complex developers. At that time, it was the only apartment complex within blocks of older residential single family homes. It has been downhill since near my home, due to that apartment complex and its residents. In what once was a clean and quiet neighborhood of single family homes, my home currently and over many years has experienced, from that apartment complex next door: • Car alarms at all hours. • Traffic at all hours. • Honking at all hours. • Dogs barking and cats howling and fighting at all hours. • Cats defecating in my back yard at night. (I don't have pets.) • Cats having kittens in my yard. • A dog whose owner, an apartment resident, allowed him to keep urinating on two of my older roses until they died and nothing would grow where they stood. When I asked him to please keep the dog out of my yard, he allowed his dog to walk and pee on my neighbor's landscaping, killing a large area of their groundcover plantings, which had been healthy, lush and green for many years before this apartment resident and his uncurbed dog, moved in. • Rats regularly coming under my fence, since the huge industrial-sized trash bins in the complex parking area are directly across from my back yard. • Conversations and car key electronic beeping noises at all hours from the cars parked along the entry lane and in the complex parking garage, which faces the bedroom windows of my home. • People trespassing and walking under the bedroom windows of my home. (the City will not allow more than a 3 foot fence to be built near the property line, however there is a power pole requiring utility access.) • Loitering, running vehicles and parked vehicles in no-parking areas in front of my home, with people using cell phones,talking,visiting, eating, smoking, pacing and apparently having sex in illegally parked cars, at all hours. • People parked across the street from my driveway (in a no parking area) and taking photos of my home and garage,when I have my garage doors open. • Apartment managers (male) who watched me through their tall shrubs,when I mowed my lawn or trimmed my plants. • Cigarettes, cigarette butts, food, cups, wrappers, used and unused condoms, used and unused sanitary napkins/tampons, and other food-related and personal trash, which is regularly tossed into my yard and under my 50-year-old trees, which I have to clean up. • Weeds and quince apples left near apartment complex bushes inside their property line, which are never removed by apartment yard maintenance workers (I have asked), so I am left to remove them myself to prevent the spread of seeds/weeds into my yard, or rodents and pests near, in or under my home. • People regularly smoking near my historic trees without any apparent common sense or respect for my property or fire safety,flicking their live ashes and butts in my yard under my mulched large trees (which I am unable to water during the drought). • People also smoking and flicking live ash and butts under dry trees, leaves and needles, on the state property across the street from my home, creating ongoing neighborhood fire danger, despite 4 years of my requests asking that the apartment complex create a smoking area on its own property,to improve chronic littering problems and fire safety in the neighborhood. • People sitting or talking under the trees in my front yard, without respect to property boundaries or my privacy. • Workers hired by the complex parking in my driveway to make phone calls and eat lunch. • Repossession company huge multi-car, multi-trailer haulers parking directly across my driveway(and blocking access to or from my home) as they quietly walk through apartment complex parking areas to repossess cars from delinquent car buyers, usually between 11:30 p.m. and 12:30 a.m. on Sunday nights, with their pulleys and hydraulics running on noisy truck generators outside my bedroom windows. • Moving vans,tractors and construction equipment parked in front of my home for days or weeks, as work takes place in the apartments during the year. • Tractors and trailers left parked in front of my home for days in no parking areas, as construction takes place in the apartments. Sometimes the construction engines are hot and oily and parked under dry neighborhood trees. • Devaluation of my home and property due to all of the above,from the existence of apartments next door to my single family home. • Loss of use of my home. Since high-density apartments were built next door to my home, I can no longer sleep in my master bedroom. I have to sleep in a small bedroom on the other side of my home, due to the constant car alarms, early morning honking, late night conversations, and noise in the parking garage of the complex. • Loss of sleep. I hear a steady stream of talking and slamming car doors, if I try to use my own master bedroom, since apartment residents also park along the entry lane near my bedroom windows, and sometimes have prolonged loud conversations near their cars. I have literally been jolted awake at 1 or 2 a.m. by slamming car doors and trunks, nearly every day of the week, until I gave up and began sleeping in another room in my house. • Noise at all hours. Likewise, residents leave their apartment unit windows open at night and crank up their music and televisions during warmer weather, so it is impossible to use my master bedroom in summer months, since I hear apartment dwellers' music, movies and programs, and the steady boom, boom, boom of mega-bass speakers, until 1 or 1:30 a.m. almost every summer weekend night. If I call the Sheriff's office, they want me to go out there and find out which apartment is making the noise. As a senior woman, I am unwilling to do that. • Broken sleep. I am also jarred awake at 6:30 a.m. on weekdays from apartment noise (I regularly worked some consecutive late nights on my job with the County, so this was a real problem when I had a short turnaround). Noises include slamming car doors, yelling, and people honking several times directly outside my master bedroom windows s to pick up late apartment carpoolers. If apartment carpoolers did not come after one or two honks, the drivers just keep honking, not thinking that there might be night workers in the area. • After the two-story apartments were built,their residents' windows overlooked my master bedroom, and another bedroom, and my bathroom windows, as well as my front and back yard. My privacy was completely lost. Like many Cupertino single family homeowners who have been here for many years, as a retiree I can't just pack up and sell my home, since I have Prop. 13 property tax relief on my home, which makes my home affordable on my pension. I am stuck with the mess the City created with my custom-designed home when it allowed re-zoning for high-density apartment units next door, practically under my bedroom windows, and reduced not only my quality of life and ability to sleep in my master bedroom or enjoy my backyard, but the appreciation values on my home as a result. As I have said, everything has been downhill since the apartments were built next to me. When the City says there will be no impact to existing single family homeowners or area schools from new high-density multiuse or residential developments near current single family home neighborhoods,that statement seems neither realistic, accurate, nor honest, based on any of my real life experience, having had a high density development built next door to my formerly peaceful and private single family home. Catherine Alexander Cupertino, California Best, Catherine Alexander http://www.siliconvalleylibrarian.com/ 9 WINE M.W Ivor E.Samson ivocsamson@dentons.com Salans FMC SNR Denton Partner D +1 415 882 2491 dentons.corn Darters US LLP 525 Market Street 28th Floor San Francisco,CA 94105-2708 USA T +1 415 882 5000 F +1 415 882 0300 October 13, 2014 BY E-MAIL& FEDERAL EXPRESS (planning@cupertino.org) Mr. Paul Brophy Chair, City of Cupertino Planning Commission 10300 Torre Avenue Cupertino, CA 95014 Re: Sears' Comments on Proposed General Plan Amendment Dear Mr. Brophy: Sears Holding Corporation ("Sears") respectfully withdraws the comments submitted in my letter of October 9, 2014 and will no longer be participating in the proceedings related to the proposed General Plan Amendment. Thank you (and the Planning Commission staff) for your consideration throughout this process. Very truly yours, Dentons US LLP Ivor E. Samson I ES/kzc cc: Aarti Shirvastava 83227585\V-1 SAND HILL PROPERTY COMPANY October 13, 2014 Via Overnight Delivery and E-Mail Chair Brophy and Members of the Planning Commission Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Re: General Plan Amendment: Office Allocation for Vallco Shopping District Dear Chair Brophy and Members of the Planning Commission: I am writing on behalf of Sand Hill Property Company ("Sand Hill") regarding the treatment of the Vallco Shopping District("Vallco") in the General Plan Amendment, Sand Hill is in the midst of acquiring the Vallco parcels for potential redevelopment, so we are keenly interested in working with the City of Cupertino ("City")to develop a feasible plan that can benefit all stakeholders. I am writing to request that the Planning Commission recommends to the City Council that the General Plan include an office allocation for Vallco.of 2,000,000 square feet and the height limits set out in"Alternative C,"as analyzed in the draft General Plan's environmental review. Without this specific office allocation,as well as the necessary retail and housing components, there will not be adequate critical mass to make it possible for Sand Hill, or any other prospective developer,to successfully redevelop Vallco. Vallco presents a unique opportunity for redevelopment and revitalization that is unmatched in the City of Cupertino. The site sits at a prime location in the City, yet for many reasons, it has long been neglected and numerous redevelopment efforts were either abandoned or have failed. Sand Hill has the financial capacity and proven track.record with such projects and is poised to bring to the City what its citizens have long yearned for: a dynamic downtown where the community can live, work and play. Sand Hill plans to completely transform the current derelict site by redeveloping it with a vibrant, sustainable mixed-use neighborhood. Our plan envisions a balanced mix of 600-700 residential units, approximately 600,000 square feet of retail,a full service hotel,and 2,000,000 square feet of office space. The overarching vision is to create a pedestrian oriented"town center"consistent with the General Plan vision that will have synergies between the uses and nearby projects, such as Main Street. sf-3467260 2882 SAND HILL ROAD, SUITE 241• MENLO PARK, CA 94025•(650) 344-1500•FAX(650)344-0652 Chair Brophy and Members of the Planning Commission October 13, 2014 Page Two The benefits to the City of such a project go well beyond creating a sense of place. With 600,000 square feet,the retail component of the project would be the same size as Santana Row and would generate millions in sales tax revenues way in excess of what is being collected today. Property taxes would also increase significantly, perhaps by 800%, given the billion-dollar plus investment Sand Hill is prepared to make in the City of Cupertino. In addition, we recognize that in order to obtain increased height limits for Vallco under Alternative C, projects must comply with the new General Plan's community benefits program. Although our specific project plans are still developing,the community benefits we anticipate providing include ground floor retail components and [transit improvements and amenities, space for public entities, senior housing, construction of a new, or expansion to, a community facility/community gathering place, creation or dedication of new or expanded park, cash in-lieu contribution for such community benefits]. We would also be amenable to exploring, with other property developers,the potential of providing a community shuttle program in order to provide transportation between employment and community centers. As required by the General Plan, these community benefits will be equivalent to at least 15 percent in value of the parcel attributed to the increase in height. The opportunity to transform the Valleo site is now. Sand Hill has a real plan, the capabilities to implement it, and the history of working closely with the City and the community. Prior attempts at Vallco redevelopment have all run into the same problem: full ownership of the site is needed for a successful project, and the current split and passive ownership structure has made parcel assemblage extremely difficult. After nearly three years of intensive negotiations with the various Vallco ownership entities, Sand Hill is now in the process of completing purchases for the entire mall. Single ownership will remove the key barrier to redevelopment that has hampered the site for decades. However, in order to close on the Vallco parcels, Sand Hill needs assurance now that it can build a project that is financially viable. At present, the development allocation recommended in the Staff Report precludes such a project, and thus, a feasible redevelopment of the property. In particular, the Staff Report's recommendations to limit office to 1,000,000 square feet and heights to 75 feet(west of Wolfe Road) and 90 feet(east of Wolfe Road) does not work for our plan, or any plan for that matter. Redevelopment of Vallco is a substantial undertaking. It entails demolition of approximately 1.2 million square feet of existing buildings and construction of an entire new downtown over 50 acres. The General Plan's vision for a redeveloped Vallco is ambitious: a"town center"layout, a newly configured street grid, an expanded Wolfe Road bridge of I-280 to accommodate a bikeable and walkable "boulevard," a new town square and plazas interspersed throughout. The General Plan calls for high-quality architecture and materials befitting a gateway site. Sand Hill shares this vision, but such elements are all very costly. While retail uses are critical for completing the overall vision, such uses do not support the type of amenities we and the City want to provide. In order for complete redevelopment to sf-3467260 2882 SAND HILL ROAD, SUITE 241 -MENLO PARK, CA 94025-(650)344-1500-FAX(650) 344-0652 Chair Brophy and Members of the Planning Commission October 13, 2014 Page Three be financially feasible, the project must include 2,000,000 square feet of office already studied in the EIR. Further, in order to provide this office square footage, while also respecting the neighborhoods to the west, increased height must be allowed, including up to 160 feet on the east side of Wolfe Road. For these reasons, we respectfully request that the Planning Commission recommend to the City Council that the General Plan allocate to the Vallco Shopping District: • 2,000,000 square feet of office space; • Include the site in the Housing Element, including at least 600 units of housing; 600,000 square feet of retail; and • Heights analyzed in "Alternative C"be permitted(i.e., up to 85 feet west of Wolfe Road and up to 160 feet east of Wolfe Road, with community benefits). Sand Hill is proud of what it has done in the City of Cupertino. We have partnered with the City and the community on a number of successful commercial, retail and residential projects since the 1990's. As with those prior projects, we view Vallco as a long-term investment. We are a local owner and take pride in our commitment to the community and the City. Mahn Street is now under construction and will open as a new gathering place in 2015-2016. We look forward to continued collaboration with the City and community in the redevelopment of Vallco. Sand Hill hopes it can build on its previous successes and realize a long-term community vision for a revitalized Vallco. The development team and funding is in place to move forward now. However, we want to be clear with the Planning Commission and City Council that without the necessary office, residential and retail allocations outlined above, we will not be in a position to redevelop Vallco and it will likely continue to languish for decades to come. Thank you f your consideration. pec 1 ubmitted, Pet r Pau Principal and Founder sf-3467260 2882 SAND HILL ROAD, SUITE 241 •MENLO PARK, CA 94025•(650)344-1500-FAX(650)344-0652 Chair Brophy and Members of the Planning Commission October 13, 2014 Page Four Sand Hill Property Company cc: Mayor Gilbert Wong Vice Mayor Rod Sinks Councilmember Barry Chang Councilmember Orrin Mahoney Councilmember Mark Santoro David Brandt, City Manager Aarti Shrivastava, Assistant City Manager and Community Development Director Reed Moulds, Sand Hill Property Company sf-3467260 2882 SAND HILL ROAD, SUITE 241 •MENLO PARK, CA 94025•(650)344-1500•FAX(650) 344-0652 IRVINE COMPANY Since 1864 October 14,2014 Mayor Gilbert Wong& Members of the City Council City of Cupertino 10300 Torre Avenue, Cupertino,CA 95014-3202 Dear Mayor Wong& Members of the City Council The purpose of this letter is to reiterate the desire of the Irvine Company to redevelop the Hamptons site located at 19500 Pruneridge Avenue in Cupertino.Situated on 12.4 acres,with 342 existing Apartments, the redevelopment of this site strategically located next to the new Apple Campus 2, is smart growth. The staff report has recommended a lower density which makes redevelopment infeasible given the economics of such an undertaking. Irvine's prior letter dated February 2014,suggested a redevelopment range of 65 to 110 DUs per acre. Indicating our preference was to reach the higher range of 110 DUs per acre.Staff has recommended below that range at 55 DUs per acre, 120 units less than the lowest end of the range. In fact, one of the goals sited in the staff report for the Balanced Plan, indicates the plan should, "Provide densities for existing sites that allow enough of an incentive to assume that the sites would be developed in the 2014-2022 period (HCD criterion)". Unfortunately only adding 344 units to the existing site containing 342 productive apartments does not incentivize redevelopment. After studying the project further over the last several months, and learning more about the expectations for public benefits,Wolfe Interchange assessment district participation,green building standards, school fees, and designing a project with first class architecture, landscape architecture and community amenities,the amount of units needed to support redevelopment of the Hampton's falls mid-range of our original estimate at 88 DUs per acre, 274 units less than the high end of our range. That would allow redeveloping a total of 1,090 units on the site,with 342 existing and 748 new units. Therefore, we request that the City Council consider increasing the number of units on the Hampton's site to a minimum of 748 new units,added to our existing 342 to meet the criteria established by HCD providing the incentive to invest in Cupertino and upgrade the area with Class A Apartment Homes and the improvements required for redevelopment. Redevelopment of the Hampton's makes practical sense for the following reasons: 1. The Hamptons are located within walking and bicycling distance from Apple's new campus, Cupertino's biggest employer.The Hamptons also provides housing for existing and future employees throughout the region and will provide the added benefit of reducing VMT for those employees who choose to live closer to where they work. 690 N. McCarthy Blvd., Suite 100 1 Milpitas, CA 95035 2. Irvine Company and Apple have agreed to language for the General Plan to lower heights on the Hamptons to 60 ft. within the 50 ft.setback where the project is adjacent to Apple's boundary. In addition, in the interest of working with Apple on issues of privacy and security and buffering between the two properties,we have provided a draft Cooperative Agreement to Apple for their review.This document will guide the redevelopment of the Hamptons between the two parties. 3. The redevelopment of the Hamptons will contribute to the improvements to the Wolfe interchange on a fair share basis. 4. The redevelopment of the Hamptons does not impact Cupertino Schools.The project is located in the Santa Clara Unified School District for K-12 education. Irvine Company has begun discussions with Santa Clara on mitigation for school impacts. 5. The Irvine Company has the resources to design and build an outstanding project in the City of Cupertino; we also have a tradition and history of not selling off assets. We will be the landowner, developer and property manager for the long term.The City and residents can be comfortable with the reputation, quality and financial resources that come with the Irvine Company brand. We look forward to continuing to work with the City of Cupertino on the successful redevelopment of the Hamptons and will be able to do so with the appropriate allocation of units to the site. Please do not hesitate to contact me,should you need anything further on this matter. Sincerely, CarleneMatchniff � VP, Entitlements& Public Affairs Irvine Company cc: Vice Mayor&Council Member Rod Sinks Council Member Barry Chang Council Member Orrin Mahoney Council Member Mark Santoro Planning Commission,City of Cupertino David Brandt, City Manager Aarti Shrivastava, Assistant City Manager& Director of Community Development From: Darrel Lum [mailto:drlum@pacbell.net] Sent: Thursday, October 16, 2014 2:56 PM To: City Council; City of Cupertino Planning Dept. Cc: David Brandt; Aarti Shrivastava Subject: 2014 General Plan Amendment& Housing Element Concerned Citizens of Cupertino has submitted 2 comprehensive documents of its concerns about the 2014 General Plan Amendment and Housing Element, at the beginning and at the end the Environment Impact Report comment period; since many of the comments were not responded to in the final Environmental Impact Report by your consultants because they were not directly related to the environment, we suggested that you read our comments because they deal with the direct impacts on the City and its residents. A late entry into this discussion is the recent disclosure of the change of ownership of Vallco. The City of Cupertino seems to be having the property owners master plan projects without the input of its residents; has a specific Vallco Specific Plan been discussed yet? J. VOLCKMANN & ASSOCIATES, INC. Real Estate Investments and Development October 16, 2014 City Council &Planning Commission of Cupertino: 10300 Torre Avenue Cupertino, CA 95014 We appreciate the substantial efforts of the City of Cupertino and all those that have been involved in the General Plan Amendment & Housing Element over the last year and a half. We feel as if a tremendous amount of thought and work have gone into the process and hope the ultimate decision reflects both what is good for residents/neighborhoods, as well as the city and its economy. For 40 years, our family has owned Stevens Creek Office & Retail Center and been an occupant of the building. We have seen both difficult and prosperous times at the property and have been dedicated to reinvesting and maintaining it to high standards. The property shows well, but as we saw with the Good Earth Restaurant, sometimes preferences change and upgrades must be made (Peets & Panera). We are determined to hold the property in our family for another 40 years, but there will come a time when the property has outlived its useful life and needs to be redeveloped, which we believe to be within the 25 Year Plan. Already, tenant preferences have shifted away from dated buildings such as ours, but we have been fortunate that in prosperous times, Apple has occupied enough of the existing Cupertino real estate that demand remains high. This is not always guaranteed and definitely felt in down markets, which is why we are urging the City to allow for a 60 foot height limit at the site. In today's market where high ceilings are demanded, this would equate to a four story building and is the lowest height required to make a redevelopment economically feasible. We intentionally did not propose the larger height increases other sites/areas requested and instead focused on what the minimum requirement would be to allow eventual redevelopment. We feel as if our site is well located for a future redevelopment given it sits in the Heart of the City, is bordered to the east by a new retail development and Target, west by Whole Foods, south by Cupertino Crossroads retail center, and north by neighborhood housing, which affects to residents can be mitigated given the depth of the site. Given there is an existing center, it will also allow us to take our time and thoughtfully plan the redevelopment, working with both the city and neighborhoods. Finally, it would make the conversion of the existing office building along Stevens Creek to retail/open space feasible, promoting the Heart of the City Plan and improving the pedestrian environment. 20863 Stevens Creek Boulevard, Suite 480 • Cupertino, CA 95014 Phone: (408)252-7902 * Fax: (408)252-1233 We absolutely believe in a "Balanced Plan" and respect everyone's opinions, but given our long term ownership and close involvement in the real estate economy, must think about the future. Limiting future office growth over the next 25 years to 0-500,000 square feet will discourage redevelopment and ultimately companies from staying in or moving to Cupertino, as seen by Amazon's move to Sunnyvale. Our worry is this could be absorbed by one development, as seen before or with Vallco's future, eliminating any allocation for long term owners such as ourselves to improve our properties. We are definitely not lobbying for large scale development throughout the city or even massive allocations as seen in other cities throughout Silicon Valley, but a thoughtful approach to growth that will allow certain sites to keep up with the times. Again, we greatly appreciate the thought and consideration that has gone into these initiatives and respectfully ask that you take the above into account. Please do not hesitate to contact us, as we would be more than happy to sit down and further explain our reasoning or answer questions from the community. Regards, STEVENS CREEK OFFICE CENTER ASSOCIATES By: J. Blair Volckmann By: John Volckmann �- 6 20863 Stevens Creek Boulevard, Suite 480 • Cupertino, CA 95014 Phone: (408)252-7902 * Fax: (408)252-1233 JOHN F.WARDA,JR. Certified Public Accountant October 17,2014 Pin Ghosh,AICP,Senior Planner Department of Community Development Planning Division City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 SUBJECT:City of Cupertino Housing Element Update 2014-2022 20021.Stevens Creek Boulevard(APN:316-23-033) Dear Piu Ghosh: I am the trustee of the above subject property.I am in receipt of your letter dated October 8,2014. Kindly remove the above subject property/site from the Housing Sites Inventory list. Please call the undersigned if you should have any questions. Ver t y yo S, Jolm.Warda,Jr. Via nited States Certified Mail#7013-3020-0001-4260-7028 114 Sansome Street,Suite 820•San Francisco,California 94104•Tel 415-398-1512•Fax 415-398-3075 Tom L.Hall or Eleane Hall in trust As Co-trustees of the"Hall Family 1992 Trust" 13410 Old Oak Way Saratoga,CA 95070 (408)867-6923 Fax(408)872-1653 T����� E-mail tomna,tomhallcna.net R ED OCT 2 4 2014 October 23,2014 BY. Department of Community Development Planning Division Piu Ghosh,AICP Senior Planner City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 Re:19220 Stevens Creek Blvd.(APN:375-06-007) Piu Ghosh This letter is to say NO we do not want the referenced property included in the City's Housing Element Update 2014-2022.It is included in the heart of the city general plan and should stay there.There is currently Retail/Commercial located on the property and is should stay that way. DO NOT include this property as Housing Element Update 2014-2022. Thank yop. iLiall/f/y Co-Trustee 'Alaw- Eleane Hall Co-Trustee DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 C U P E RT I N®(408)777-3251•FAX(408)777-3333 October 8,2014 HALL TOM L AND ELEANE TRUSTEE 13410 OLD OAK WAY Saratoga,CA 95070 Re:City of Cupertino Housing Element Update 2014-2022 19220 Stevens Creek Blvd(APN:375-06-007) Dear Sir/Madam: The City of Cupertino is in the process of updating its Housing Element of the General Plan. The Housing Element is required to provide an inventory of land adequately zoned or planned to be zoned to accommodate its fair share of housing allocation.The Association of Bay Area Governments'(ABAG)Regional Housing Needs Allocation(RHNA)indicates that the City must plan to accommodate 1,064 units for the upcoming Housing Element Update.The City must adopt a California Department of Housing and Community Development(HCD)certified Housing Element,which includes the Housing Sites Inventory,by January 31,2015(with an additional 120-day grace period). As part of the process,the City has reviewed several sites within the city limits for residential potential.Your property located at 19220 Stevens Creek Blvd,Cupertino,CA 95014(APN:375-06- 007)has been identified as one of the potential sites. An Environmental Impact Report(EIR),available online at www.cupertinogpa.org,has been prepared analyzing the environmental effects of residential development at the potential sites. An earlier letter was sent to you indicating the selection of this property as a site for inclusion in the EIR and provided you an opportunity to request removal of your property as a potential Housing Element site.Your receipt of this letter confirms your continued interest and the potential inclusion of the listed property in the Housing Sites Inventory list.If you do not wish to have this property be included in the Housing Sites Inventory list,please send written communication indicating your request for removal of the site by Friday,October 31,2014. You are invited to attend the following upcoming Housing Element meetings where the Final EIR will be discussed and the Planning Commission and the City Council will consider including this Tom L.Hall or Eleane Hall in trust As Co-trustees of the"Hall Family 1992 XqWm 13410 Old Oak Way Saratoga,CA 95070�gz� (408)867-6923 Fax(408)872-1653 E-mail tom tomhallc a.net a•a� FSE October 23,2014 4�TQ1h Department of Community Development�Y Planning Division Piu Ghosh,AICP Senior Planner City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 Re:19280 Stevens Creek Blvd.(APN:375-06-006) Pin Ghosh This letter is to say NO we do not want the referenced property included in the City's Housing,I Tent Update 2014-2022.It is included in the heart of the city general plan and should'"stay there.There is currently Retail/Commercial located on the property and is should stay that way. DO NOT include this property as Housing Element Update 2014-2022. Thank you. C�'steeg4 ��Ck2eQ,'0/ Eleane Hall Co-Trustee DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 C U P E RT I N O(408)777-3251•FAX(408)777-3333 October 8,2014 HALL TOM L AND ELEANE TRUSTEE 13410 OLD OAK WAY Saratoga,CA 95070 Re:City of Cupertino Housing Element Update 2014-2022 14280 Stevens Creek Blvd(APN:375.06-006)/ Dear Sir/Madam: The City of Cupertino is in the process of updating its Housing Element of the General Plan. The Housing Element is required to provide an inventory of land adequately zoned or planned to be zoned to accommodate its fair share of housing allocation.The Association of Bay Area Governments'(ABAG)Regional Housing Needs Allocation(RHNA)indicates that the City must plan to accommodate 1,064 units for the upcoming Housing Element Update.The City must adopt a California Department of Housing and Community Development(HCD)certified Housing Element,which includes the Housing Sites Inventory,by January 31,2015(with an additional 120-day grace period). As part of the process,the City has reviewed several sites within the city limits for residential potential.Your property located at 19280 Stevens Creek Blvd,Cupertino,CA 95014(APN:375-06- 006)has been identified as one of the potential sites. An Environmental Impact Report(EIR),available online at www.cupertinogpa.org,has been prepared analyzing the environmental effects of residential development at the potential sites. An earlier letter was sent to you indicating the selection of this property as a site for inclusion in the FIR and provided you an opportunity to request removal of your property as a potential Housing Element site.Your receipt of this letter confirms your continued interest and the potential inclusion of the listed property in the Housing Sites Inventory list.If you do not wish to have this property be included in the Housing Sites Inventory list,please send written communication indicating your request for removal of the site by Friday,October 31,2014. You are invited to attend the following upcoming Housing Element meetings where the Final EIR will be discussed and the Planning Commission and the City Council will consider including this Resent-From: <GilbertWongDistributionList@cupertino.org> From: "aderidder@juno.com" <aderidder@juno.com> Date: October 24, 2014 at 5:25:16 PM PDT To: <gwong@cupertino.org> Cc: <rsinks@cupertino.org>, <omahoney@cupertino.org>, <msantoro@cupertino.org>, <bchang@cupertino.org> Subject: new developments To: the City council of Cupertino We found a paper on our doorstep about additional developments scheduled to be heard at the November 3rd meeting of the council. We were shocked to hear you would even consider adding another 1451 new residential units to our already burdened infrastructure. We have been warned by an environmental impact report of the monumental traffic problems we would have with the new Apple facility. This was approved after the Main Street development was approved. Add to this the impact of the Rose Bowl development impact and we have a real problem on our hands. One real big problem will be the Hamptons redevelopment. The council approved a massive left turn access from Apple onto Wolfe Road. and Pruneridge Ave will be the only way out of this redevelopment. This will result in a massive headache for anyone who would be foolish enough to live in that development. The development behind Vallco was denied a few years ago as foolish because the only access to the area is via the Vallco parkng lot. I just hope you do not approve this request, but consider a previous council' decision a valid one. Finally,why do we need to demolish a business site and replace it with residences? If that business is not profitable, you should try to find another tenant. This is commercial property and should not be rezoned and cause more impact to our fine city. In closing I would like to remind you that this city is Cuppertino, not San Francisco or downtown San Jose. Please listen to the people and keep Cupertino a place where we have some open space, where we do not feel crowded and we can feel safe. Thank You for reading this whole letter Sincerely Alvin and Shirley De Ridder 19146 Anne Lane Cupertino _fir 73 ARE YOU KIDDING ME2 CUPERTMO CITY COUNCIL WANTS TO ALLOW: 0 VC111CO: Homestead Rd . 00 new residences + 1 r`r illiOrl sq ft office r ,090 new residences ( tear down 342 existing residences) i United Furniture : 0 103 new residences ON TOP OF CURRENT PROJECTS; 00. i Rose Bowl, 04 new residences * MaIr Street : 120 new residences + 180 room �i of 1 + ,00 sq ft office . li teas creek Blvd �kle Cow 2 .8 million sq ft office JTraf RC congestion and air quality are already out of control in this part of Cupertino! Lei your voice be heard ! City CouncH decides 7on Tuesday., November 3rd at 6:45pm Cupertino City Hall next to the library Bead an Email to City Counch.- Gilberi VViDng - gWOngOCUP r II(10�Org Rod finks - r;inkS0cuporlireo.,a{g I Orrin Mahoney - o mahonvyG c uperlino.org wk Surfloro inson10toQDr-uperRn ,o'9 I Marry Chang - bchano0cu rMi ,org 11 rnore information ctt ww -r-upertinogpo.org Resent-From: <GilbertWongDistributionList@cuperti no.org<mai Ito:GilbertWongDistributionList@cuperti no.or g>> From: Urs Mader <Urs.Mader@ maxim integrated.com<mailto:Urs.Mader@maximintegrated.com>> Date: October 25, 2014 at 10:03:41 AM PDT To: "gwong@cupertino.org<mailto:gwong@cupertino.org>" <gwong@cupertino.org<mailto:gwong@cupertino.org>>, "rsinks@cupertino.org<mailto:rsinks@cupertino.org>" <rsinks@cupertino.org<mailto:rsinks@cupertino.org>>, "omahoney@cupertino.org<mailto:omahoney@cupertino.org>" <omahoney@cupertino.org<mailto:omahoney@cupertino.org>>, "msantoro@cupertino.org<mailto:msantoro@cupertino.org>" <msantoro@cupertino.org<mailto:msantoro@cupertino.org>>, "bchang@cupertino.org<maiIto:bchang@cupertino.org>" <bchang@cupertino.org<mailto:bchang@cupertino.org>> Subject: Nov 3rd City Council on new Development Units Dear City Council: I have known Cupertino since there were still fruit trees along DeAnza and 280 was still being built. I have lived here for 14 years. I am not against development and consider it an inevitable part of living here. I think the city needs to become smarter about development to be sure that developers don't leave the rest of the city holding the bag once they are done. Please consider a $500-$1000 bedroom development fee as condition for allowing these developments from now on. This would be to help pay down the new bond debt on the ballot this election for School Infrastructure. It is not right that new classroom development is paid for by all, it should come from those that add more bedrooms to the city. Traffic Light Synchronization on Wolfe. A single pedestrian can cause so much havoc and traffic slowdown and there are more pedestrians in the area with the incoming Apple busses. I like that people walk and bike, but the city should be able to do more to make things smoother. Apple Busses. They are good, but they are also too aggressive on the road for their size. Trouble spots for my bike commute on Tantau are the right turn on Valco Parkway and Busses entering and exiting parking lots on Tantau. It's not clear what to do here... I imagine that there is trouble in other areas of the city too. I rarely see these busses filled even through the darkened windows. Perhaps it would be good for the city to ask for occupancy on these busses to see if smaller busses could be used. They are just too big. Open up Rodriquez Creek for bikes and joggers. This will just improve quality of life and actually do more than just literally paint our streets green. It will create a good east-west corridor for bikes to the city hall/library from the eastern neighborhoods to avoid traffic on Steven's Creek. I have already sent a comment to your bike planner. I know this requires cross-agency coordination. Please staff that effort with the $$$you now have. Also, please consider that Apple may or may not be here in 10 years. Silicon valley companies don't have a good track record once the corporate palace is erected. All of this newer higher density housing without regard for quality of life has high risk of creating a long term problem. Young professionals paying off student loans will be willing to accept noisy neighbors for the chance to put Apple on their resume, but once the boom town phase is over, it will become low- rent or convert from Condo to rent and has the potential for increased trouble if the city is not careful. Please be sure the building codes are such that the construction has extra noise proofing and other higher end construction codes so that what is being built today will also be desirable down the road even if Apple isn't here. Don't build housing next to freeways; keep this for office space as a buffer. Mandate laundry inside the units. Also mandate children's play areas and small parks. Simple things can make a big difference. Cheap construction is only desirable for the first 5-10 years after which the demographic will slowly change. At that point the developer has already made his cash and the city is left dealing with the aftermath. Developer's profits conflict with quality housing in the current situation. It will need a strong city council to make sure things are done right and I do think the city is watching. Please be sure you leave a legacy that you can be proud of. Urs Urs Mader Distinguished Member of Technical Staff IC Design Office: +1 (408) 601-5878 Maxim Integrated I www.maximintegrated.com<http://www.maximintegrated.com> October 27,2014 Mayor Gilbert Wong Honorable Members of the Cupertino City Council Cupertino City Hall 10300 Torre Avenue Cupertino CA 95014-3255 Dear Mayor Wong and Members of the Council: The objective of this letter is to articulate the proposal that my firm, KT Properties, Inc. has for the renovation and repurposing of The Oaks Shopping Center, 21267 Stevens Creek Blvd.,Cupertino. KT Properties, Inc.is a privately held firm that has been headquartered in Cupertino since 1988.Our expertise is both housing and commercial development. For the past 26 years,we have worked in Silicon Valley,successfully transforming key properties such as The Oaks using innovative and creative construction and design techniques. Some recent examples are the 20-acre mixed use Hacienda Gardens Shopping Center,the 22 story(329 units)Axis Condominiums,and 23 story(312 units)One South Market Apartment Development in Downtown San Jose. The repurposing of The Oaks Shopping Center presents precisely the challenges at which our firm excels.We have been closely following the work of the City Staff in its preparation of the General Plan Update,the EIR,and the allocation of the housing numbers required by the California HCD.We believe that our vision will complement Staff's recommendations.We hope that the Council will agree. We would therefore ask that the Council concur with the Staff recommendations for the following: • Allow the development of 235 residential units. The properties size and location can easily accommodate additional residential units beyond 235 should the Council decide such at this time; • The maintenance of viable retail sized for today's economy. Retail on the ground floor of the residential buildings should accommodate flexibility in building heights; • Market-driven office development of 200,000 square feet. The site can accommodate additional office development at the discretion of the council; • Building heights at a minimum of 60 feet with active retail. The property's excellent location along major transit corridors(Stevens Creek and Highway 85)provides the opportunity for creative design with additional height. o We believe that building elevations of 75 feet or more are warranted in this location, and would allow maximum flexibility when repurposing the site. The site is the western "gateway"to Cupertino. Its access to Highway 85 and Interstate 280 means that residents and workers will use these freeways for transportation, reducing the load on Cupertino City streets. Increased building heights will have less impact on surrounding properties because of the site's proximity to the freeway and DeAnza College.As the bus transportation on Stevens Creek corridor is improved,residents will be able to use this mode for access to nearby city restaurants,services and employment. KT Properties, Inc. believes that we have a unique opportunity to partner with the City of Cupertino to improve a key area of the city.We ask that the Council strongly consider our proposal.Our firm will deliver on its promise to build a quality product and to make our community a showplace for innovation in both housing and active commercial development that will encourage our residents to work and shop close to home. With my byest,regards, Mark E.Tersini, Principal From: Max K. Agoston<mkagoston@msn.com> Date: Mon, Oct 27, 2014 at 10:43 PM Subject: New Developments To: "gwong@cupertino.org" <gwong@cupertino.org> To council member Gilbert Wong: I moved to Cupertino in 1976 and bought my house here in 1981. It was a nice quiet town in those days, but since then I have seen a lot of changes to the city. All the open space is gone and the traffic can be bad at times. Yet the city councils have kept voting for more and more developments. I have watched these developments with disgust but since there is never an option to vote for "none of the above" I have been helpless to prevent the move to make Cupertino into a little "metropolis."Now that there is essentially no more open space, I suppose the next thrust(if not by this council then by future ones)will be to move up and to create more high-rise buildings. I am not a politically active person and have not been involved in Cupertino politics; however, things have gone too far for me to continue watching passively from the byline. I am really fed up. I hope you will REJECT ANY NEW DEVELOPMENT for Cupertino that increases the building density or creates more housing; otherwise, I would very much like to have answers to the following questions: 1. Please tell me who (aside from developers and the planning department who would have less planning to do) is actually clamoring for all this new development? Are these people here for the long term or are they planning to move in a few years hoping to cash in on increases in property values? Maybe all non-trivial changes to the master plans for the city should be put up for an explicit city-wide vote. People do not always have a real choice when voting for council members and just because he/she was elected does not prove that all their favorite development projects were supported. 2. Do you think that traffic has gotten better in recent years? Is there not enough traffic, or do you believe that building more has no effect on traffic, or you do not mind the increase? Stevens Creek Boulevard is getting very congested. Highway 280 is the last good highway on the peninsula, although it also has gotten worse. Do you think that contributing to increasing the traffic congestion on our roads is a price "worth" paying? In election after election candidates have mouthed platitudes about being for "controlled" growth and "managing" traffic congestion. The result of years of such "controlling" and "management" is clear! I can do without it. 3. Do you think that Cupertino is too small population-wise and would you like to have more people move here?Again, who is clamoring for that? 4. Have you given any consideration to people who have lived here a long time and who intend to stay here? Shouldn't they have more to say about what happens than those who are only passing through? What actual percentage of ALL voters in Cupertino have actually supported all the new building over the years? I do not know anybody who wants the city to keep growing and growing. Finally, how do you think that new developments would change the issues raised in the above questions? You probably have heard the statement that an insane person is one who keeps doing the same thing over and over expecting different results. I hope therefore that your response is not going to be that your plans for more development will have no or little bearing on traffic and population. Just exactly who supports your vision of a "greater" Cupertino? It feels like a case of the dog biting the hand that feeds it, in that people are "allowed" to move here and then they take over and screw the long-time residents that were here long before them and will be here long after them. Sometimes the justification that is given for more developments is that the city needs the money that it provides,but why don't we just make do with the money that we have and see what happens. It is said that people want to move here because of our good school system. Let's maintain our schools but we don't need more people moving here. Let's not get into the cycle where spend more money on schools, which has more people moving here, which requires more money for schools,which ... I have always supported our schools in the past and voted for all school bond issues and taxes. I will stop doing that in the future if the need for school money is used as an excuse for more housing and businesses! If new developments raise property values, that is only an issue for those who move here for financial reasons. I want to stay here and could not care less about those who want to make money and then move away, leaving people like me behind with the mess. Thank you for your response, Max K Agoston 19787 La Mar Drive From: Paul Brophy<pauldbrophy@yahoo.com> Date: October 27,2014 at 6:22:40 PM PDT To: Gilbert Wong<gwong@cupertino.org>,Barry Chang<bchang@cupertino.org>,Mark Santoro <msantoro@cupertino.org>,Orrin Mahoney<omahoney@cupertino.org>,Rod Sinks <rsinks@cupertino.org> Cc:Aarti Shrivastava<aartis@cupertino.org>,Gary Chao<garyc@cupertino.org>,Winnie Lee <winnieleedds@yahoo.com>,Alan Takahashi<alantcup@gmail.com>,Don Sun<book.sun@gmail.com>, Margaret Gong<margiegong@icloud.com> Subject: General Plan Amendment under consideration Reply-To:Paul Brophy<pauldbrophy@yahoo.com> Dear Mayor Wong and Council members, During the almost seven years that I have been privileged to serve on our Planning Commission, I have always taken the position that I should not lobby Council members on matters that have come before us. The minutes of our meetings and the votes taken should stand by themselves for you to consider when making up your minds on planning and land use items. However, given the importance that possible General Plan Amendment increase in allowable additional office space development would have on the long term quality of life in Cupertino and because my views are at variance with the Planning Department's recommendations, I am writing you today to argue that I strongly believe that no additional office space above that existing in the existing General Plan (540,000 sq. ft.) should be approved. If you believe that is too restrictive, I would urge you not to increase the amount of allowable office space beyond that in Alternative A, which would provide an additional 500,000 sq. ft, for a total of 1,040,000 sq. ft. Alternative A is the compromise amount that was supported by three Commission members (Winnie Lee, Don Sun, and myself), as compared to the staff recommendation of 2,540,000 sq. ft. The EIR for the Housing Element/General Plan Amendment points out that the city already has an excess of jobs above our residential labor force. This is before the Apple 2 campus opens with an additional 14,000 jobs. The Apple 2 EIR was clear in saying that the traffic to be generated by that project would have significant and unavoidable impact upon traffic congestion, despite the tens of millions of dollars that Apple has committed to spending on mitigation measures. The Apple campus was unanimously and enthusiastically approved by both Planning Commission and City Council because we recognized that the benefits for our community from supporting the company's growth outweighed the adverse impacts. It needs to be remembered, though, that we have not yet experienced the increased traffic and congestion from that project. Also there will be an additional 1500 to 2000 employees who will be commuting to the office component of Main Street plus the second office building that will be placed on the IHOP site, immediately adjacent to Cupertino (I am using 4 employees/1000 sq. ft. for this and future calculations). Unhappiness in our community over traffic congestion will only grow just from the projects already in the pipeline. Under our existing General Plan, an additional 540,000 sq. ft. is still available, which would house 2000 employees above all that. If the Alternative A option is approved, we will need to support over 4000 additional employees. And if the Planning Department's "Balanced Plan" preferred alternative of over 2.5 Million additional square feet of allowable office space is approved, the EIR's proposed "mitigation" measures will not begin to address the nightmare traffic conditions on Stevens Creek Blvd, De Anza Blvd., as well as secondary roads such as McClellan, Stelling, Wolfe and Tantau as drivers desperately look for alternatives to gridlocked arterial streets caused by the addition of over 10,000 more employees working here. In a city with lots of vacant land in which to expand both office and residential development, an increase such as that proposed by the Planning Department might well make sense. However, Cupertino is fully built out. Yes, there are some sites that were developed 30, 40, or more years ago that could be redeveloped at higher densities. However, given that we have limited ability to add residential units (and great concern in the community about the impact of the few units we can add upon school enrollment and increased congestion), allowing substantially more office space means that we will take a city that is already unbalanced as to the relationship between jobs and housing and make it much more so. Let there be no mistake. A vote for adding large amounts of additional office space in our General Plan is a vote against sustainable development. It is a vote that goes against the principles of AB 32 and SIB 375 as employees commuting to Cupertino will have to live in distant towns, since the nearby municipalities are also approving large scale office projects without the willingness or ability to approve offsetting homes. Most of all, it will degrade the quality of life in our community that is already stressed by traffic congestion and will be more so just from existing development underway. I would like to end by saying that while I strongly disagree with staff recommendations on this General Plan change that I have treated only with personal and professional respect by Planning Department staff,just as I have been during my entire tenure on the Planning Commission. It has been a pleasure to work with them and occasionally, for us to disagree over various matters before us. The arguments made in favor of permitting far more intensive development than is currently permitted has been echoed by planners and elected officials in many other communities in the Santa Clara Valley and the Peninsula. I believe that they are almost all wrong. I know that they are wrong in the case of Cupertino. Sincerely, Paul Brophy From: Claire Arnold<clairea 2006@hotmail.com> Date: October 30,2014 at 12:47:45 PM PDT To:<mana e�pertino.org> Subject: Schools HI There, Could you tell me how space for schools are being fitted into planning for Cupertino? Thanks, Claire Arnold From: Claudio Bono [mailto:cbono@cghotelgroup.com] Sent: Friday, October 31, 2014 3:06 PM To: Piu Ghosh Subject: Letter to be added for November 10th Dear Piu; It was a pleasure meeting you on Wednesday, October 29th 2014.Thank you for taking the time to meet with me. As promised, attach, please find the letter/reasoning regarding our request for a 110 Ft height versus 90 feet. Please confirm you received this email with attachment and that it will be included on the November 10th hearing. Wishing you a great weekend! Thank you, Best regards, Claudio Claudio Bono Area General Manager The Cupertino Inn &The Grand Hotel Sunnyvale www.Cupertinoinn.com www.svgrandhotel.com Tel : 408.996.7700 Cell:305.450.0215 CUD Ftino Inn Cupertino's Landmark Hotel Friday, October 31, 2014 Good Year Tire conversion to Hotel use This letter contains reasoning to the proposed height and use of the Goodyear site: The Goodyear site is unique. It is on the transit corridor from Sunnyvale to De Anza Boulevard or 280 north and south. So here is the importance of the site to Cupertino: 1. This hotel site compliments the existing Cupertino Inn so that enough mass of rooms can support a regional function. The Cupertino Inn has 128 rooms and the new Hotel at 9 stories tall has almost 280 rooms allowing for a base of 400 rooms which puts it in the category to handle regional events and allow Cupertino to received bids on Citywide conventions. 2. The road system allows transit travelers as well as event guests to not impact the City Street system for their Hotel arrival, stay, and departure. Visits to the city of Cupertino proper are just as is needed or for restaurant use. 3. The Retail shopping center is complimented by the extra traveler business and this helps the viability of the retail center. 4. The property itself has a relatively small foot print so in order to have enough rooms, it needs to have 9 floors 5. The Hotel is committed to the entire first floor and one third of the second floor all to conference event, restaurant and basically all community services of banquet, meeting or any other event with the rooms to make it work. We are attempting to make the hotel 5 star and in order to do so in the style it needs to be requires higher plate heights. The Nine floors if build as Aloft would be easily under 90 feet but with the great high ceilings of the first floor and guest rooms with high quality we are asking that the floors be taller. A limit of 9 stories is more appropriate than a limit of 90 feet. 6. Floor plans and elevations are available. From: Claudio Bono<cbono@cghotelgroup.com<mailto:cbono@cghotelgroup.com>> Date: October 31, 2014 at 6:43:50 PM PDT To: Piu Ghosh <PiuG@cupertino.org<mai Ito:PiuG@cupertino.org>> Subject: Revised attachment Piu; I apologize for the revised version but had omitted the conclusion of the email. In all,we are asking for 108 feet to the top of the parapet screening. 102 to the top of the roof. Let me know if you have questions. Thank you; Claudio Claudio Bono Area General Manager Cupertino Inn &Grand Hotel www.cupertinoinn.com<http://www.cupertinoinn.com> www.svgrandhotel.com<http://www.svgrandhotel.com> Cell :305.450.0215 CUD Ftino Inn Cupertino's Landmark Hotel Friday, October 31, 2014 Good Year Tire conversion to Hotel use This letter contains reasoning to the proposed height and use of the Goodyear site: The Goodyear site is unique. It is on the transit corridor from Sunnyvale to De Anza Boulevard or 280 north and south. So here is the importance of the site to Cupertino: 1. This hotel site compliments the existing Cupertino Inn so that enough mass of rooms can support a regional function. The Cupertino Inn has 128 rooms and the new Hotel at 9 stories tall has almost 280 rooms allowing for a base of 400 rooms which puts it in the category to handle regional events and allow Cupertino to received bids on Citywide conventions. 2. The road system allows transit travelers as well as event guests to not impact the City Street system for their Hotel arrival, stay, and departure. Visits to the city of Cupertino proper are just as is needed or for restaurant use. 3. The Retail shopping center is complimented by the extra traveler business and this helps the viability of the retail center. 4. The property itself has a relatively small foot print so in order to have enough rooms, it needs to have 9 floors 5. The Hotel is committed to the entire first floor and one third of the second floor all to conference event, restaurant and basically all community services of banquet, meeting or any other event with the rooms to make it work. We are attempting to make the hotel 5 star and in order to do so in the style it needs to be requires higher plate heights. The Nine floors if build as Aloft would be easily under 90 feet but with the great high ceilings of the first floor and guest rooms with high quality we are asking that the floors be taller. A limit of 9 stories is more appropriate than a limit of 90 feet. 6. Floor plans and elevations are available. In all, we are asking for 108 feet to the top of the parapet screening. 102 to the top of the Roof. Thank you for your consideration. From: Steve Gazzera [mailto:steve.gazzera@SRSRE.com] Sent: Friday, October 31, 2014 4:04 PM To: Piu Ghosh Cc: 'sgazzera@yahoo.com' (sgazzera@yahoo.com) Subject: 19930-19936 Stevens Creek Blvd. Cupertino Hi Piu: Thank for taking the time to meet with me yesterday. I appreciate it. At this time, I would prefer that our site be removed from the Housing Element designation list. Please contact me should you have any questions. Thank you. Stephen P. Gazzera Senior Vice President SRS Real Estate Partners SRS Real Estate Partners 1871 The Alameda,Suite 250 San Jose, CA 95126 408.216.2319 Direct 408.553.6135 Fax 408.553.0896 1 Cell 415.699.5445 DRE#00859021 Steve.Gazzera@srsre.com I www.srsre.com On Fri, Oct 31, 2014 at 1:38 PM, George Anderl <george_25056@msn.com<mailto:george_25056@msn.com>>wrote: already the traffic is awful without Apple and Main Street being open--how can these additional cars move on these already clogged roads and where will their kids go to school? I cant believe you are already planning on more residences and business when we already have full roads full roads and freeway access. when I moved to cupertino in the 70's, I wanted then and now a nice residential community; not one that would be controlled by developers with traffic so bad that that one is limited when and where he can go. I hope that you exercise restraint in further high density development arround stevens creek and wolf----I live behind Elephant Bar and am already affected by the traffic increase! George Anderl On Fri, Oct 31, 2014 at 12:09 AM,Jialin Song <jialinsong@gmail.com<mailto:jialinsong@gmail.com>>wrote: Dear City Councilmen, We were shocked reading from the letter and Cupertino general planning website that Cupertino city council are considering approving 600 new residents in Vallco, 1090 new residents in Hamptons and 103 new residents at United Furniture site, especially, given that this is on top of current 300+condo project on Rose Bown and Main street! We strongly oppose the residential development plan near Wolfe Road for the following reasons. Cupertino citizens are proud of our good schools. However in rencent years, as we all know, our elementary, middle and high schools are already overcrowded and the student to teacher ratio are much higher than before. Our library is always packed with people. Our streets are seeing more and more daily congestion especially close to the current Apple campus on De Anza and new Apple II campus on Wolfe Road.The 1800 new residents along Wolfe Road will further congest Wolfe Road, HW 280 and Stevens Creek.They will also add large number of new students to the nearby elementary, middle and high schools, which are already seeing overflows.The new residential development along Wolfe will just make schooling unacceptable for the existing Cupertino residents. The residential project may create short term revenue for the City of Cupertino. However,for the long term, since property tax goes to the county, Cupertino will lose revenue comparing to making these sites for commercial use. Cupertino citizens are proud of living near the head quarter of Apple. Other than that, we don't really have very big company, decent downtown, shopping center, hospitals, medical facilities in our city. We believe it's more beneficial for Cupertino to develop those site for commercial use and attract more business like great companies, stores, restaurants and medical clinics and boost long term city revenue. Please vote NO to the residential development plan. Thanks very much for your dedicated work for the people of Cupertino. Sincerely, Jialin Song and Hongliang Chang 10218 Cold Harbor Ave, Cupertino. From: <info@cupertinogpa.org<mailto:info@cupertinogpa.org>> Date: November 1, 2014 at 10:28:22 PM PDT To: <info@cupertinogpa.org<mailto:info@cupertinogpa.org>> Subject: Comment from City of Cupertino General Plan Amendment Website Reply-To: <info@cupertinogpa.org<mailto:info@cupertinogpa.org>> Comment Submitted by: Name: Karen Farrelly Organization: resident Email: karenfarrelly@hotmail.com<mailto:karenfarrelly@hotmail.com> Possibly Regarding Page: /app_pages/view/10 Subject: multi unit condos Comment: regarding: The Housing Element It seems like more and more,that multi-unit apartments or condos under construction are being built very close to main streets with just a little bit of sidewalk separating the building from the street.They also seem very boxy and similar from city to city. The close proximity to streets and boxy shape creates a congested or very urban feeling, in my opinion, and one in which less sun can make its way down to the public space. I have seen this with recent construction on Stevens Creek in Cupertino and other nearby cities like along El Camino. I wish there would be more consideration for more separation between street and new housing (and commercial) buildings-- room where more soft scape can exist and more natural light can shine through. On Sat, Nov 1, 2014 at 3:39 PM, <vtamcupt@sbcglobal.net<mailto:vtamcupt@sbcgloba1.net>> wrote: Dear Councilman Wong, I, Virginia Tamblyn, have participated in many meetings regarding the future of Cupertino. I am alarmed at the present plans for the future of the city. If approved, the city will suffer from overbuilding, congested traffic, and a damage to the quality of life as we know it. The present citizens of Cupertino deserve better than this. The letters in the packet from Apple representatives, and citizens express my concerns. Sincerely, Virginia Tamblyn vtamcupt@sbcglobal.net<mailto:vtamcupt@sbcgloba1.net> 19721 Bixby Dr. Cupertino Comment Submitted by: Name: Eric Schmidt Email: ericrschmidt59@gmail.com Subject: School District Representation at Thursday Workshop Comment: regarding: The General Plan As you know,there is a lot of concern regarding the impact of the additional students for the Cupertino area schools with the additional housing elements in the General Plan. I would suggest there is representation from the Cupertino school district as well as the Fremont HS district (or Cupertino HS) at Thursday's Workshop (11/20/2014) so they can hear the concerns first-hand. One of my biggest concerns is the whether we are properly accounting for the number of students per housing unit in Cupertino.The city/school district may need to plan for additional schools to support the additional students,which I don't think has been considered at this point in time. Eric Schmidt Comment Submitted by: Name: Gary E Jones Organization:The Silent Majority Email: Gjoneshome@yahoo.com Subject: More Housing Comment: regarding: The Housing Element Please approve more housing than the 1400 under consideration at this time.There will not be another chance in the near future and we want to be a Valley team player to money from ABAG,VTA and other matching sources to repair and improve our City infastructure. The Silent Majority Comment Submitted by: Name: Eric Schmidt Organization: None Given Email: ericrschmidt59@gmail.com Subject: Housing Element: School Enrollment Increase Underestimated Comment: regarding: The Housing Element With the plans to increase the number of available housing elements in the General Plan, I am concerned the actual increase in school children is being significantly underestimated. My understanding is the housing elements assume 0.25 children per unit,while in Cupertino with the high quality schools,this could be closer to 2 per unit, 8 times more than stated in the EIR.This explosive, unplanned growth in enrollment would have a negative effect on the quality of schools and life in Cupertino. I support the growth of the city, but it must be properly accounting for all the impact. Eric Schmidt Fairgrove Neighborhood From: Jean Shu [mailto:jeancws@yahoo.com] Sent: Monday, November 17, 2014 6:07 PM To: George Schroeder Subject: Re: Cupertino Community Workshop on the General Plan Amendment and the Housing Element Dear George and your planning department colleague, Is this some kind of trick? Do you people really care about what we say at this time? Will the planning department rewrite your recommendation based on what you hear at this Nov 20 meeting? How about December 2nd meeting, is that a trick too? If you people do not want to change, please tell me so and do not waste my time. As to proper notice, your department still does not get it. About the above mentioned meetings, do you still only notify people who already know about them? How come I met people who still do not know about these meetings? By the way, I have not received a formal letter in the mail notifying me about these meetings yet, and I am still waiting. In that notice letter, you should put that your department plan to put all the housing units required (over 1000 units) in the Stevens Creek & Wolfe/Miller area. You should also put the size of office space &the number of residence units you want to give to Vallco builder/owner as they wish and people who live on Miller Ave and near the area should thank the department for the benefit-traffic congestion and air pollution of their wise planning. That's what a notice is. I am sorry. But I really don't know whether these are tricks or not. I am still waiting for a regular notice letter that highlight these major points. Sincerely yours, Ching Shyu From: Scott Hughes [mailto:scottahughes@comcast.net] Sent: Sunday, November 16, 2014 11:28 PM To: George Schroeder Subject: RE: Cupertino Community Workshop on the General Plan Amendment and the Housing Element George, Thank you for the extra weekend effort on this endeavor. As I suspect you heard, there are many concerned residents regarding the Housing Element of the General Plan. To that end, I was curious about the format of the workshop. Will it be similar to the one regarding pedestrian/bike/school safety which I attended on 11/6? Specifically,will there be large maps on each table? If so, would it be possible to get 3 school district maps on each table? It would be ideal if these could be plotted to the same scale as the City street maps and further if they could be transparency overlays with color boundaries for each school. By 3 maps I mean, one for FUHSD, one for CUSD middle schools, and one for CUSD elementary schools. If this is not possible, then any hardcopy maps which show school boundaries within each of the districts would be helpful. In my opinion, one of the ingredients that is missing from the work done to date on the Housing Element in the General plan is a more detailed breakdown Of the impact of each potential scenario on each school. The impact on neighborhood school population directly impacts public safety and quality of life for every resident. The total rollup of projected students is not enough detail; a school by school breakdown of enrollment changes vs. time is what is really needed. Thanks in advance for your effort toward this request. Regards, Scott Hello, George. Thanks for sending this out. I hope this email is read by all my "Next Door" online neighbors who are complaining repeatedly about not being informed of the process. As a City commissioner, I'm puzzled by the intensity and the number of "Next Door" postings from people who are, so late in the process, voicing their opposition to more housing. I'm also concerned about the negativity of the responses - and I've told them SO. What these people need at this point is to be listened to and taken seriously. Hopefully they will have an opportunity to vent, which will enable them eventually to calm down and work with the staff and Council on creative ways to accommodate our inevitable growth. I learned in my MPA program that it sometimes takes 90 meetings to accomplish major community change. Although you probably feel like you're approaching that many, I encourage you to hang in there and be patient. We face two serious risks here: 1) that the City Council will cave into the loudest voices and approve a solution that will be problematic in the long run, and 2) that the Council will move forward in a way that makes these anti-growth folks feel alienated and bitter. Of course, you already know this. I just want you to know that I think you and your colleagues are doing a great job. I look forward to great things for Cupertino. Regards, Geoff Paulsen Vice Chair, Cupertino Parks & Recreation Commission - although writing as a private individual. Geoffrey Paulsen 408/725-1044 h 408/480-7509 c From: Sue Tippets Sent: Friday, October 17, 2014 1:17 PM To: 'George Schroeder' Subject: RE: Cupertino General Plan Amendment and Housing Element Update - Planning Commission #2 George, Will the city be revising their Safety Element with this Housing Update as required by AB 162? Have I missed it somewhere? '..,"TATE DFCF.LIF6RNIA$l1�IN_�u.TRANL;PCRThTID4 AN�LiD'JFN f�hCE4CY ARNQL❑5CFhVA32EHE GDR.=.5vsrrar DEPARTMENT F HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development 3.0 TYirtl 62D53 SIIhe 43G . A.6.9ox 5a2R53 Sepal,CA 942E2-MS3 J916)323-31 T7 a FAX�915}aU2643 w 1crica9w September 16r 2009 MEMORANDUM FOR: Pla+ngirecto �nd In� ted Parties FROM: Catell, Deputy Director Diving Policy Development SUBJECT: Application of Government Cade Section 65302 Chapter 369, Statutes of 200T(AB 162) For your informationr Government Code Section 65302 requires all cities and counties to amend the safety and conservation elements of theirgeneral plan to include analysis and policies regarding flood hazard and flood management information upon the next revision of the housing element on,or after, January 1,2009. Government Cade Section 65302 also requires cities and counties,effective January 1, 2008,to annually review the land use element for those areas subject to flooding identified by flood plain mapping prepared by the Federal Management Agency(FEMA)or the State Department of Water Resources(DWR)- Any amendments to the safety, conservation,and land use elements,based on the requirements of Govemment Code Section 65302,will require a review of the housing element for intemal cap sistency, which may in turn,require amendments to the housing element- For exampie, if sites identified in the housing element as suitable far housing development are subsequently identified as inappropriate for development,other sites inay need to be identified- Annual review of the land use element will assist future updates of the housing element and faciIRate identfiaation of appropriate sites to accominodate the regional housing need- Local jurisdictions may contact D4VR's Division of Road Management for assistance in obtaining the most current floodplain mapping information needed for the analysis- Contact information is available on DWR's ebsite at http_lh%=-dwf.water-ca-go v1800drrgmVrafmo1fmb1 The Department hopes this information is helpful- If you have any questions or would Iike additional information or technical ass!stance r please contact the Division at (916)448-4728- From: Catherine Alexander [mailto:cdjalexander@gmail.com] Sent: Sunday, November 16, 2014 12:37 PM To: George Schroeder; City Council Cc:judygl052@gmail.co; Laura D Lee; CD Alexander Subject: Re: Cupertino General Plan Amendment/Housing Element Update Council Meeting Hello George, Thank you for this update. There is no parking available at City Hall from 10 to 9 p.m. on Tuesday nights, since the library is open at those hours. As a Zone 4 Block Leader, I request that ALL City meetings associated with the GPA and other topics, always be held at Quinlan Center, so all residents who wish to, may actually participate. (Some residents have tried to attend scheduled City meetings at City Hall, yet found no available parking during library open hours, so they had to return home.) Cupertino City Council members, let's be fair to residents by actually scheduling City meetings residents may logistically attend. This may be accomplished easily by utilizing the large meeting hall at Quinlan Center, which tends to vacant and underutilized on most evenings. Thank you, Catherine Alexander http://www.siIiconvaIleylibrarian.com/ From: Littlehales, Jody [mailto:Jody.Littlehales@vta.org] Sent: Monday, November 17, 2014 1:18 PM To: Salvano, Ray; Vanoosten, Matthew (matthew.vanoosten@sanjoseca.gov); 'davids@cupertino.org'; Bhatia, Pratyush (Pratyush.Bhatia@sanjoseca.gov); 'Dennis Ng'; Nguyen, Thuy (DOT) (Thuy.Nguyen @sanjoseca.gov); Fernandez, Debby; Smith, Ying; "Leila.Hakimizadeh@sanjoseca.gov'; Borden, Timm; Augenstein, Chris; Gary Chao; George Schroeder; Velasquez, Alan (alan.velasquez@sanjoseca.gov); Brilliot, Michael (Michael.Brilliot@sanjoseca.gov); Augenstein, Chris; Aoun, Alisar (Alisar.Aoun@sanjoseca.gov); Lim-Tsao, Lily; Kobayashi, David; Unites, James Subject: Stevens Creek BRT Project- Rapid 523 Hi Everyone, I wanted to share a link to TP&O memo http://www.vta.org/sfc/servlet.shepherd/document/download/069A000000lfYQPIA2, as VTA is planning to study a Rapid 523 for the Stevens Creek Corridor. Based on current ridership demand in the Stevens Creek corridor, VTA is proposing to implement a Rapid 523 service as a near term improvement and early deliverable of the Stevens Creek BRT Project. We want to build on the conceptual engineering work for the Stevens Creek BRT Project, and in coordination with all of you to improve transit service similar to Rapid 522, and also look at ways to improve the bicycle and pedestrian environment. We are aligning the planning effort and implementation schedule to open with Berryessa BART Station in 2017, which the Stevens Creek Limited 323 (now Rapid 523) will serve. The memo discusses the planning effort and schedule and we will update you as work moves forward, but I wanted to share the TP&O memo for this Thursday's meeting. Please let me know if you have any questions or need more information on any of this. Thank you, Jody From: Littlehales, Jody<Jody.Littlehales@vta.org> Sent: Thursday, September 18, 2014 10:20 AM To: Salvano, Ray; Vanoosten, Matthew; 'd avid s@cupertino.org'; Bhatia, Pratyush; 'Dennis Ng'; Nguyen, Thuy (DOT); Fernandez, Debby; Smith, Ying; "Leila.Hakimizadeh@sanjoseca.gov'; Borden, Timm; Augenstein, Chris; Gary Chao (GaryC@cupertino.org); 'George Schroeder' (GeorgeS@cupertino.org); Velasquez, Alan; Brilliot, Michael; Augenstein, Chris Subject: Stevens Creek BRT Project- City Update Hi Everyone, I know we haven't met in a while so wanted to give you an update on the Stevens Creek BRT Project. Per our last meeting I am attaching the results of the revised traffic analysis for existing, year 2018, and 2040 conditions. The build condition assumes the full dedicated lanes alternative, and these results reflect the improvements to the VTA regional model to provide more reasonable results. This analysis will be included in the final conceptual engineering report, which we hope to complete this fall. VTA will conduct additional traffic analysis as the planning process moves forward, and we will continue to work with the Cities as the analysis continues. Please review and let me know any comments you have. We are on schedule to have the Limited 323 Transit Signal Priority Project completed by the fall, and I appreciate all of City staff efforts! VTA also plans to do a before/after study for the Limited 323 TSP project, which similar to the Rapid 522 study should provide some interesting information. Please let me know if you have any questions or need additional information. Thank you, Jody -----Original Appointment----- From: Littlehales, Jody Sent: Friday, July 11, 2014 11:26 AM To: Salvano, Ray; Vanoosten, Matthew; davids@cupertino.org; Bhatia, Pratyush; Brilliot, Michael; P. E. Bill Hurrell (HurrellWE@cdmsmith.com); 'Dennis Ng'; Nguyen, Thuy (DOT); Fernandez, Debby; Smith, Ying; 'Leila.Hakimizadeh@sanjoseca.gov' Cc: 'Velasquez, Alan'; Timm Borden; Augenstein, Chris; Gary Chao; 'George Schroeder' Subject: Canceled: Stevens Creek BRT Project- Monthly VTA/City Update When: Occurs the third Wednesday of every 1 month effective 2/19/2014 from 10:30 AM to 11:30 AM (UTC-08:00) Pacific Time (US & Canada). Where: City of Cupertino, Santa Clara &San Jose (Meeting will rotate each month between cities- I will confirm location with meeting agenda). Importance: High I am cancelling this month's meeting as I don't have any updates right now. I am happy to talk on the phone one on one if you have any questions, or need more information. We will get back to our monthly meetings soon! Thank you, Jody ************************************************************************ Per my e-mail last week to some of you, based on the suggestion of the City of San Jose we would like to combine the monthly VTA/City meeting to have all three cities meet as we discuss the Stevens Creek BRT project. The purpose of the meeting is to give a monthly update on the project, and it would help VTA to hear about the shared work the Cities are doing in the Stevens Creek corridor. I proposed some dates/times and this seemed to work for most and I wanted to send out the calendar invite to confirm and hold the date in your calendar as I know you are all busy. This meeting would replace the other meetings we had with the Cities and I will send out the cancellation notice shortly. We will rotate the location of the meeting between the cities and I will send out a meeting agenda prior to each meeting that will confirm the location, as well as share the notes from the previous meeting. The invitees will get the meeting agenda/notes/handouts from each meeting to help keep all the stakeholders in the loop about the planning process. I look forward to continuing to work with all of you in the new year! Please let me know if you have any questions or need more information. Happy Holidays! Thank you, Jody Jody Littlehales Senior Transportation Planner Santa Clara Valley Transportation Authority 3331 North First Street, Building B2 San Jose, CA 95134-1927 T: 408.321.57691 F: 408.955.9765 jody.littlehales@vta.org Resent-From: <GilbertWongDistributionList@cupertino.org> From: Vaitheesh Kolady<mail@changemail.org> Date: November 5, 2014 at 4:15:15 PM PST To: <gwong@cupertino.org> Subject: 5 new petition signatures: Vaitheesh Kolady, Zhi chen... 5 new people recently signed Cupertino Residents's petition "Orrin Mahoney: Say NO to re-zoning the commercial sites in Cupertino" on Change.org. There are now 250 signatures on this petition. Read reasons why people are signing, and respond to Cupertino Residents by clicking here: http://www.change.org/p/orrin-mahoney-say-no-to-re-zoning-the-commercial-sites-in- cu perti no/responses/new?response=518206fac3e9 Dear Gilbert Wong, Say NO to re-zoning the commercial sites in Cupertino Sincerely, 250. Vaitheesh Kolady Cupertino, California 248. Zhi chen Cupertino, California 246. Kanchan Patalay Cupertino, California 244. Xiang Yang Cupertino, California 242. Amanda Huang Cupertino, California Resent-From: <GilbertWongDistributionList@cupertino.org> From: Hoi poon <hoipoon@gmail.com> Date: November 7, 2014 at 10:21:42 PM PST To: <gwong@cupertino.org>, <rsinks@cupertino.org>, <bchang@cupertino.org>, <omahoney@cupertino.org>, <msantoro@cupertino.org>, <kausar_anjali@cusdk8.org>, <liao_ben@cusdk8.org>, <Iucey_jo@cusdk8.org>, <Iucey_jo@cusdk8.org>, <mccue_gary@cusdk8.org>, <vogel_phyllis@cusdk8.org>, <gudalewicz_wendy@cusdk8.org>, Nishihara Jeremy<nishihara_jeremy@cusdk8.org>, <bill_wilson@fuhsd.org>, <barbara_nunes@fuhsd.org>, <hung_wei@fuhsd.org>, <nancy_newton@fuhsd.org>, <jeff_moe@fuhsd.org>, polly bove <pol Iy_bove@fuhsd.org> Cc: <CUSD-discuss@yahoogroups.com>, <McBB@yahoogroups.com> Subject: City of of Cupertino Proposed Housing Development and Its Impact on CUSD/FUHSD Dear All, I wanted to get confirmation from the City of Cupertino and CUSD/FUHSD officials regarding some of the information that has been circulating regarding the proposed housing development in the City of Cupertino and its impact on CUSD/FUHSD. a) City of Cupertino plans to approve —4400 housing units. b) The EIR estimates that this will only add —1105 students to the CUSD/FUHSD schools. This is based on some state formula with connection to reality such as City Census numbers. c)The plan allocates all of$9 million dollars for the additional —1105 students (assuming that number is accurate) d) The City of Cupertino's position according to Piu Ghosh, Senior Planner, (In email to Claire Arnold on 11/7/14) regarding the impact of of the proposed housing on school districts, is as follows "The school districts are responsible for their own capital improvement plans, including planning for long term growth. You'll have to discuss that with them." Is this correct? e) Piu Ghosh also contends ( In email to Claire Arnold on 11/6/14) that "The school districts have been consulted in the preparation of the EIR." Is this correct? If it is, 1) Who are the CUSD/FUHSD officials that were consulted in the EIR? 2) What was their input? 3) Do they agree with the EIR which states that 4400 new housing units will only add 1105 additional students? 4) Do they agree that $9 million will be enough to alleviate the effect of what is probably more like 5000 additional students? Please clarify these matters ASAP. It will be helpful to have the information before Monday Nov. 10 public hearing. Thank you. Hoi Yung Poon CUSD parent PS: Copying parents on CUSD and McBB egroups. From: Gilbert Wong To: David Brandt; Carol Korade; Aarti Shrivastava; Piu Ghosh; Timm Borden; Gary Chao; Gilbert Wong Subject: General Plan Amendment and Housing Element change.org petition https://www.change.org/p/cupertino-city-council-members-say-no-to-re-zoning-the- commercial-sites-in-cupertino Subject: Comments regardin development agenda On Sat, Nov 1, 2014 at 3:39 PM, <vtamcupt@sbcglobal.net> wrote: Dear Councilman Wong, I, Virginia Tamblyn, have participated in many meetings regarding the future of Cupertino. I am alarmed at the present plans for the future of the city. If approved, the city will suffer from overbuilding , congested traffic, and a damage to the quality of life as we know it. The present citizens of Cupertino deserve better than this. The letters in the packet from Apple representatives, and citizens express my concerns. Sincerely, Virginia Tamblyn vtamcupt@sbcgloba1.net 19721 Bixby Dr. Cupertino Subject: Concerns and Objections to the Cupertino new residential development plan along Wolfe Ave On Fri, Oct 31, 2014 at 12:09 AM, Jialin Song <jialinsong@gmail.com> wrote: Dear City Councilmen, We were shocked reading from the letter and Cupertino general planning website that Cupertino city council are considering approving 600 new residents in Vallco, 1090 new residents in Hamptons and 103 new residents at United Furniture site, especially, given that this is on top of current 300+ condo project on Rose Bown and Main street! We strongly oppose the residential development plan near Wolfe Road for the following reasons. Cupertino citizens are proud of our good schools. However in rencent years, as we all know, our elementary, middle and high schools are already overcrowded and the student to teacher ratio are much higher than before. Our library is always packed with people. Our streets are seeing more and more daily congestion especially close to the current Apple campus on De Anza and new Apple II campus on Wolfe Road. The 1800 new residents along Wolfe Road will further congest Wolfe Road, HW 280 and Stevens Creek. They will also add large number of new students to the nearby elementary, middle and high schools, which are already seeing overflows. The new residential development along Wolfe will just make schooling unacceptable for the existing Cupertino residents. The residential project may create short term revenue for the City of Cupertino. However, for the long term, since property tax goes to the county, Cupertino will lose revenue comparing to making these sites for commercial use. Cupertino citizens are proud of living near the head quarter of Apple. Other than that, we don't really have very big company, decent downtown, shopping center, hospitals, medical facilities in our city. We believe it's more beneficial for Cupertino to develop those site for commercial use and attract more business like great companies, stores, restaurants and medical clinics and boost long term city revenue. Please vote NO to the residential development plan. Thanks very much for your dedicated work for the people of Cupertino. Sincerely, Jialin Song and Hongliang Chang 10218 Cold Harbor Ave, Cupertino. From: Sabrina Rizk [mailto:sabrina.rizk@gmail.com] Sent: Friday, November 14, 2014 5:38 PM To: George Schroeder Subject: Re: Cupertino General Plan Amendment/Housing Element Update Council Meeting Is this the Second Reading, or is it true that the vote on Monday, November 10 is invalid and this will be First Reading again? Sabrina Rizk From: chrisbencher@comcast.net [mailto:chrisbencher@comcast.net] Sent: Sunday, November 16, 2014 9:26 PM To: George Schroeder Subject: Re: Cupertino General Plan Amendment/Housing Element Update Council Meeting Dear George, Thank you very much for the notification. I do have one question about the December 2nd meeting: Will we have another opportunity to provide oral communication to the Council on this topic? Or on December 2nd are they just going to start with the deliberations, which is where they left off at 5AM on the Nov 10th meeting? Sincerely, Chris Bencher Subject: Future Housing Element Analysis is Flawed On Nov 10, 2014, at 8:36 AM, Mitchell Ai-Chang<mitchell@aichang.com>wrote: Hello City Council Members, My name is Mitchell Ai-Chang and I'm a Cupertino resident. I'm writing in regards to the City Council Special Meeting to be held on November 10, 2014. I'm opposed to the city's plan to add more dwelling units at the following site names: Vallco Shopping District (west), Hamptons, and United Furniture + other. I'm opposed because the decision making process used to identify future housing sites was flawed. The planning committee should have presented the city council with multiple alternatives to consider. However, the city council was presented with only one alternative. The decision making process was flawed; specifically the development and analysis of alternatives. I read the "Planning Commission Staff Report", Agenda Item No. 1, Agenda Date: October 14, 2014, Attachment I: Planning Commission Staff Report (10-14-14) , found on the Cupertino City home page at http://www.cupertinogpa.org/ Merriam-Webster defines "alternative" as something that can be chosen instead of something else: a choice or option (http://www.merriam- webster.com/dictionary/alternative) All housing alternatives presented to the city council must meet the state's Regional Housing Needs Allocation (RHNA) and Plan Bay Area requirements. If the alternative does not satisfy the RHNA and Plan Bay Area requirements, it is not option or choice and, hence, cannot be an alternative by definition. In the report, three "alternatives" were discussed (A, B, and C). The report stated alternatives A and B did not meet the city's evaluation requirements which included RHNA and Plan Bay Area requirements. The two sentences below are from the report: "Alternative A increases city-wide office and hotel allocation but does not increase allocations in the commercial and residential categories." "Alternative A, which is consistent with the 2005 General Plan and Alternative B which only meets 75%of the Plan Bay Area targets, do not achieve the regional target. " By definition of the word "alternative", alternatives A and B are NOT alternatives because neither can be chosen because both fail to meet the city council's housing evaluation requirements. Hence, alternatives A and B were incorrectly presented as alternatives and should not have been used in the decision making process and alternative analysis. Furthermore, the content data in the "Balanced Plan" columns in tables 2 and 3 are based upon balancing alternatives A, B, and C. Since alternatives A and B are not alternatives, both alternatives should not have been used to develop the "Balance Plan". Hence, the "Balance Plan" is not a logical plan because it is derived from two "alternatives" that were not alternatives by definition. Therefore, the city council was presented with only ONE implementable alternative to select (alternative C). There were no other alternatives to chose from. Selecting from one alternative is not sound decision making. I propose the city council request the planning commission provide the city council more than one alternative to solve our state mandated housing requirements and the study use a more sound decision making approach to alternative development and analysis. The city and the city council deserve more than one alternative to address such a critical issue that will affect the city's future. In the "Housing Sites" section, there is the "Other Criteria for Site Selection". I propose adding another selection criterion that evaluates the overall aggregate impact of the selected sites to the local neighborhood. For example, Table 3 lists the six recommended sites. Three of the six sites are located in one neighborhood near Vallco Shopping Center. The aggregate of the three sites will contain 75.5% of the new dwelling units in a one square mile area. [Calculation based on Table 3's "Balanced Plan (Recommended)" column. Total of 1047 dus from priorities 2, 3, and 4 divided by 1,386 total dus = 75.5%]. The additional 1047 dwelling units in combination with the new Apple building will overload the local traffic and school capability. Also, on page 5, the Calculation of residential density was recently modified. The report did not provide a rationale for the decision to revise the calculation. What was the rationale? What would be the difference in the list of sites in Table 3 if the original residential density calculation was used? I propose the planning committee provide the rationale and another table 3 using the original calculation for Cupertino residents. This action would be consistent with city council's goals of full transparency. Without the rationale for the calculation change, readers can accidentally misinterpret that the calculation change was made to influence the housing element sites given the calculation change timing and housing plans development. Calculation of residential density—Council and a member of the public requested changing calculation from density of the gross lot area (which includes portions of adjacent streets) to density of the lot area (which does not include adjacent streets). This change has been made to the General Plan and the Zoning Ordinance. The density and residential yield of Housing Element sites reflects this change. I understand being a city council member is a very tough job having to balancing state, local and residential requirements. I truly thank you for your service. I know it's not easy. Best regards, Mitchell Ai-Chang 881 Alderbrook Lane Subject: New Meeting Date to hear agenda items from City Council Meeting of Nov 10th, 2014 On Thu, Nov 13, 2014 at 10:45 PM, Sowmya Subramaniam <sowmnar@yahoo.com> wrote: Dear Council Members, I was at the Nov 10th City Council meeting earlier this week. What a marathon session! I have heard from many Cupertino residents expressing frustration and dismay that they missed the City Council's Nov 10th meeting about the General Plan Amendment and Housing Element! This was due to the date confusion on the website. The Cupertino.org website currently shows the adjournment of the Nov 10th meeting to Nov 18th. But, I am hearing now from the group "Better Cupertino" that the Nov 10th meeting has been invalidated, and agenda items will be heard and addressed in their entirety on December 2nd. Can you please clarify if this is indeed the case, and when the meeting regarding this is now going to be held? It is immensely frustrating and outrageous that the Cupertino.org website has not been updated to reflect the new date. There is also no information about the Nov 10th meeting being invalidated. Residents are beginning to feel disenfranchised, and feel that the city staff and council are deliberately keeping them in the dark, and creating confusion about the date. I am sure this is not your intention, but it definitely comes across as such. To say the very least, it is very irresponsible of the city staff to add to this confusion....AGAIN! The website needs to reflect the CORRECT DATE AND TIME always! I would really appreciate it if you could confirm at the very earliest when this meeting is going to take place. The residents of Cupertino deserve complete clarity and transparency from the City Council they elected into office! Thank you for your time! Sowmya Subramaniam Sent from my iPad Subject: new projects adding to congestion on stevens creek,wolf,deanza and Lawrence On Fri, Oct 31, 2014 at 1:38 PM, George Anderl <george_25056@msn.com>wrote: already the traffic is awful without Apple and Main Street being open--how can these additional cars move on these already clogged roads and where will their kids go to school? I cant believe you are already planning on more residences and business when we already have full roads full roads and freeway access. when I moved to cupertino in the 70's, I wanted then and now a nice residential community; not one that would be controlled by developers with traffic so bad that that one is limited when and where he can go. I hope that you exercise restraint in further high density development arround stevens creek and wolf----I live behind Elephant Bar and am already affected by the traffic increase! George Anderl Comment Submitted by: Name: Eric Organization: Homeowner Email: Schmidt Subject: Timeline for Long Meeting Recordings Comment: regarding: The General Plan The recording for the November 10th Council Meeting on the GPA was something like 9 hours long. I would assume the upcoming December 2nd meeting will be long as well. To make it easier to digest the recording, it would be helpful if someone were to provide some kind of index with timestamps so a person can jump to sections of the recording of interest. Someone could note these subject changes as the meeting is being recorded. I show an example of what I mean below Eric Schmidt 00:00 - Meeting start, Review of past meeting 00:17 - Discussion regarding zoning changes 00:45 - Presentation from Community Group X 01:05 - Questions regarding traffic ... and so forth From: Ruby Elbogen [mailto:rgelbogen@aol.com] Sent: Thursday, November 20, 2014 10:47 AM To: George Schroeder Subject: Re: Cupertino GPA/HEU FAQ& Community Meeting Tonight Hi, George - I'm tired of all "your" Hocus Pocus Focus Groups. Instead of hiring out of town expensive consultants--please--just ask interested residents what they want. Call meetings with residents and not the business community unless that person actually lives here, be prepared for a huge turn-out and listen to what the residents say and just do it. For instance, if you had just gotten a group of residents together, told them what the state has mandated and asked them/us/we to help solve it you wouldn't have this huge Measures D & E-like situation you have right now. Cupertino is populated by some of the most brilliant people in the entire world who know how to solve problems. What you, at city hall, are doing makes no sense at all. Ruby Thanks & Regards, Ruby Elbogen, Editor/Publisher The C Magazine & Cupertino-News.com 408/355-0575 Comment Submitted by: Name: Eric Schmidt Organization: Homeowner Email: ericrschmidt59@gmail.com<mailto:ericrschmidt59@gmail.com> Subject: New GPA FAQ is Great Comment: regarding: The General Plan I just checked out the updated GPA FAQ and it is great. It answers a lot of my questions and has a lot of relevent information and background. I know something like this takes a lot of work to put together. Good work. Eric Schmidt Comment Submitted by: Name: Eric Schaefer Organization: Cupertino resident Email: eschaefe@us.ibm.com<mailto:eschaefe@us.ibm.com> Subject: Request for basic city fiscal summary and some specifics for Cupertino Comment: The General Plan At the Nov. 20 workshop the Retail consultant touched on some basic fiscal considerations of municipal government. He said that a revenue source (e.g., retail taxes) is required for amenities like public parks. This is an important concept, but it must be developed and detailed so that Cupertino residents can see the risks and benefits of various City development options. I request that City work with MIG to provide this information at cupertinogpa.org<http://cupertinogpa.org>. BTW, the recent FAQ was a nice addition to the site. The Nov. 20 workshop was a step in the right direction, too. Thank you! (Unfortunately, the well-attended workshop and the FAW has been too little too late). Details of City government business would answer questions like these: What are the revenue sources for the City, and how much does each source contribute to the whole pie for Cupertino? E.g., what is the slice from retail sales taxes? Getting more specific, what is contributed by Vallco in the current state? What could be contributed by a retail-optimal Vallco (per the Retail consultant's analysis). Perhaps this question is most accurately answered by reading the consultant's report. But let's be reasonable: How many residents are going to read the thousands of pages and understand the technical analysis of all the reports that have been created for this planning project? Help the public, please. If the City cannot provide this information at cupertinogpa.org<http://cupertinogpa.org>, I request an audience with the very knowledgeable City staff so that—with several other community members--we can provide this information via the bettercupertino.org<http://bettercupertino.org>web site. Thanks for your consideration. Comment Submitted by: Name: Shankar lyer Organization: None Given Email: shankar.giyer@gmail.com<mailto:shankar.giyer@gmail.com> Subject:General Plan Amendment and re-zoning of Vallco Comment: All I strongly oppose the proposal to re-zone Vallco. My concerns are the following: - I already see the traffic congestion on Stevens Creek and Homestead Roads in westerly direction in morning and easterly direction in the evening. This is a recent event. - When the Apple campus opens, and the current block of apartments are fully populated I expect this to get much worse. Even if it was predicted, this is not acceptable. - We need more services in this area -fire, police, pedestrian, bicycle access, etc. -The city should consider any further development in the Vallco area only after these issues have been resolved in a measurable way. From: Scott Hughes <scottahughes@comcast.net<mailto:scottahughes@comcast.net>> Date: November 22, 2014 at 12:10:27 PM PST To: 'George Schroeder' <GeorgeS@cupertino.org<mailto:GeorgeS@cupertino.org>> Cc: <info@cupertinogpa.org<maiIto:info @cupertinogpa.org>> Subject: RE: Cupertino GPA/HEU FAQ& Community Meeting Tonight Hello, Thanks for your patience and professionalism Thursday night. A few comments and one question; Comments; - As much as I was a bit embarrassed by the impoliteness of some of the residents, the open question/answer format(which does not eat into one's 3 minute time limit) was well overdue; especially on a subject as complex as this one. Although painful for the City, I think this might be useful for other contentious subjects in the future. The suggestion of a strong moderator and Robert's Rules of Order might help streamline it a bit. In this case, hopefully some of Thursday's "venting" will make the next Council meeting go a little smoother. - Could you please try to answer all the "I'll get back to you" well before the 12/2 meeting and also post it to the generalpa website for all to see? Hopefully, all these were captured but a few which were echoed by many and I think should be posted(and possibly added to the staff report to council) are; o Tally "actual student generation" data vs. "projected SGR" for all housing developments for the for the previous two 8 year HCD cycles o Clarify misperceptions about property tax assessment for recent housing developments in a clear and concise manner. i.e., for each development in the previous 2 cycles, does each resident pay the same as an "R1" resident? If not, exactly how much less do they pay in % and $. o Repeat this property tax tally for each of the proposed housing element sites and update Attachment T to include this data - Please be weary of some of the map markups. On the 11/6 workshop on public safety there was a representative from the City marking or overseeing the markups so they represented the consensus of the table. Unfortunately, since your proposed workshop was sort of hijacked, I witnessed several people marking up maps on their own and even going to other tables and marking up those maps. Although all input is fair input, this type of NIMBY approach should not be weighted too heavily. Question; I appreciate that you have posted a massive amount of information on the website. However, I could not find any map where the Site Ws match the Site No. in the first column of Attachment T (Potential Housing Elements Sites). If such a map exists, could you please clarify and/or re-post it as another attachment? Please add a note to the posting that this map corresponds to Attachment T. However, please do not use the type of map provided Thursday night; many of us found this map to be a bit weird and hard to read; i.e., major streets were not drawn and not well designated to the point where some people really did not know where certain small sites were exactly located. Thanks again for your ongoing effort on this task. Regards, Scott From: Claire Arnold [mailto:clairea_2006@hotmail.com] Sent: Friday, November 21, 2014 2:44 PM To: Gudalewicz Wendy; Gilbert Wong; Piu Ghosh Subject: Re: General Plan of Cupertino Hi Wendy, Thank you so much for helping clarify some issues last night for parents in Cupertino. I know this must be quite a challenge to deal with parents asking all these questions. I live near Sedgwick and am directly across from Hyde so I was hoping you have some information for me that could help me understand some things I didn't follow through last night with you. You mentioned that 70 families are choosing different schools to go to even now to help with Sedgwick's 900 population. Or will do in the future. How will these families be getting to the alternative schools? Instead of kids walking to their local school there will have to be more cars on already congested streets getting these kids to the alternatives. That means children getting up earlier and parents under more stress to get them out of the house. From personal experience when my specials needs kid needed to ride the bus here in Cupertino it took a hour on the bus to get him from Hyde Avenue to Regnart, so I know bussing is not a great alternative either. His last year at Meyerholz started out with the suggestion he spend over an hour on the bus to get to Meyerholz, a 10 minute drive from our home. I concur with the participant last night who is wondering why CUSD isn't more on the parents side about increases of student population in Cupertino. I know you are new but I was one of the active parents that helped get the initial parcel tax through and has voted for every one ever since. The parents helped the school district at a time when it needed us. The lack of concern for the inevitable increase of students, regardless of the current fall, is hard to take, as you saw from another active parent in parcel tax campaigns. There is a predicted 22% increase in population cited in the GPA and it is discouraging to hear the solutions put forward by both the Council and the school district. I continue to be concerned on the quality of life for kids that get shunted out of their local schools because of over population and I continue to be concerned about the traffic issues that will only get worse around schools. I would love to hear your thoughts on this, would life be easier if you could repopulate schools whose populations are declining? Regards, Claire Arnold Referencing figures in the Housing element Table 4.11-1 includes the ABAG's 2013 Projections for the City of Cupertino and Santa Clara County. The projections estimate that by 2040 the population in Cupertino is expected to grow to 71,700 people and the number of households would grow to 24,180, an increase of approximately 22 percent and 19 percent from 2010, respectively. These rates are lower than the ABAG's projected population and household growth of approximately 36 percent for Santa Clara County as a whole during the same period.22