CC 07-16-2024 Item No. 7 Second reading and zoning map amendments for Ordinance No. 24-2261_Late Written CommunicationsCC 7-16-2024
#7
Second reading and
zoning map
amendments for
Ordinance No. 24-2261
Written Comments
From:Liang Chao
To:City Clerk
Subject:Written Communication for the 7/16 Council meeting - Final comment for agenda item on waiving BMR fees
Date:Tuesday, July 16, 2024 11:25:22 PM
Please enter the statements I read below into the record for the 7/16 Council meeting.
This is the reason that voted no for that item.
=============
We must learn from history so we don’t make the same mistake.
Back in 2013, Council promised a revitalized shopping mall. But the Dec. 2014 Council
allocated 2 million sqft of office space to an existing shopping mall, with a building
height of 167 feet, when the maximum building heights in Cupertino were 45 feet in most
of the city. The Dec. 2014 Council handed out office entitlements without any restriction
in 2014, which resulted in the SB 35 project that does not require even the city council
approval. The community had no say in the project.
In 2013, we had a shopping mall, a theater, and many beloved small businesses that
have been in the community for 20-30 years. Those business owners saw Cupertino
residents grew up going to their shops. Those long-time small retailers in Cupertino were
forced out when Sand Hill Property forced the Mall to close for no reason in 2014. At the
same time, other cities have actually seen revitalized shopping malls.
We all know that below market rate projects cannot be created without subsidies.
Make no mistake. This SB 35 project already received many subsidies through state
laws, density bonus, concessions and other waiver of planning standards. Plus the
allocation of 2 million sq. ft. of office space. This office-heavy project stands to make a
lot more profits than many other true housing projects.
If the city waives the $67M fees for this office-heavy project which is much needed to
build more BMR housing, we are $67M short in our BMR fund. Period. We are subsidizing
an already very affluent developer at the expenses of the most vulnerable in our society.
I cannot in good conscience support that. I was forced to support the settlement
agreement since the city was threatened with a lawsuit. This powerful developer has a
large team of attorneys, so they can get their way to maximize their profits again, and
again, in addition to getting state laws changed to take advantage of a mistake of the
2014 council to allocate 2M sqft office space without any standards, such as height
limit. To protect the city from legal challenges, I supported the settlement agreement.
But, I would not support the waiving of almost $77M of BMR or planning fees to subsidize
an affluent developer at the cost of the most vulnerable in our community.
Post-Note: 99% of developers do respect the community, work with the community and
propose projects that fit the character of the community. These projects do come to the
Council for approval and they are mostly approved by the Council with public inputs with
improvements to make it a better project. I truly appreciate these developers who follow
the rules and respect the community where they build the project.
Liang Chao
Councilmember
City Council
LChao@cupertino.gov
408-777-3192
From:Peggy Griffin
To:Kirsten Squarcia
Cc:City Clerk
Subject:2024-07-16 CC Meeting ITEM7 - Peggys Slides
Date:Tuesday, July 16, 2024 9:25:27 PM
Attachments:2024-07-16 CC Mtg ITEM7 - Peggys Slides.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Kirsten,
I plan to speak on this item 7 on zoom tonight. If you could display my slides when I speak on
this item I would appreciate it.
Thank you,
Peggy Griffin
7-2-2024 CITY COUNCIL MEETING AGENDA #7
WHAT ACTUALLY HAPPENED:
AFTER PUBLIC COMMENT WAS OVER! NO PUBLIC COMMENT ALLOWED ON ALL THESE CHANGES BELOW!
SPECIFICALLY, LAST PARAGRAPH!
- NO DISCUSSION ON WHAT THIS REALLY MEANS!
- NOT IN AGENDA DESCRIPTION – NOTHING REGARDING CHANGING “ObjecƟve Standards”