13. Silverstone Appeal
¡7ThI
~~
CI OF
CUPEIQ1NO
OFFICE OF THE CITY MANAGER
Summary
AGENDA ITEM
13
AGENDA DATE Mav 2. 2006
SUBJECT AND ISSUE
Appeal by John McMorrow of the City Manager's Detenninaûon regarding Site Access
for the Silverstone Project on De Anza Boulevard - Application U-2002-6 and a
Recommendation by Staff to Deny the Appeal
BACKGROUND
On May 19, 2003 the City Council Approved a use pennit (U-2002-6) for the Civic Park
Project, a mixed use development consisting of office, residential and retail/commercial
uses in the Town Center site on De Anza Boulevard and Town Center Lane.
The developer, Hunter Storm Properties, had originally proposed a traffic signal on De
Anza Boulevard to allow a signalized left turn into and out of the retail venture at a point
approximately 400 feet north of the existing signal at the intersection of De Anza
Boulevard and McClellan Road/Pacifica Drive. As an alternative the developer also
suggested a left turn pocket for southbound traffic on De Anza at a new median break to
allow movement into the project driveway on De Anza.
The Director of Public Works had determined that neither a left turn pocket for
Southbound De Anza Boulevard traffic nor a traffic signal would be allowed at the so-
called South Driveway located approximately 400 feet north of the intersection ofDeAnza
Boulevard and McClellan Avenue. This was made clear to the developer and was
subsequently reinforced by a letter dated July 25, 2005 to Mr. Ed Storm of Hunter Storm
Properties (attached). A copy of the letter was also sent at the same time to Mr.
McMorrow. The letter noted that the issue of the median break was concluded but
allowed consideration by the developer at his expense to extend to the left turn pocket at
McClellan for southbound traffic on De Anza Boulevard to expedite U-turns by vehicles
accessing the retail site ITom the northbound lanes. However, Mr. Storm advised staff that
the cost to accomplish that extension was prohibitive and opted not to pursue it further.
Construction pennits for the project were issued, and off site improvement plans were
approved in August of 2005 with no median break or signal in De Anza Boulevard. The
project has proceeded and is currently under construction.
Printed on Recycled Paper
13-/
On March 22, 2006, Mr. John McMorrow of Silverstone Communities, the Developer of
the retail project, sent an e-mail appealing the determination by the Director of Public
Works that no left turn signal or median break would be allowed on De Anza Boulevard.
The City Manager reviewed the appeal and, in a letter dated March 24,2006 (attached),
supported the determination by the Director of Public Works.
Mr. McMorrow has now appealed that decision by filing an Appeal to the City Council
received on April 4, 2006. The appeal hearing was set by the City Clerk for the Council
Agenda of May 2, 2006.
Response to the Basis for Appeal
Mr. McMorrow's appeal is based on three assertions, none of which contain any facts that
would support the appeal of the restriction of a left turn lane at the South Driveway of the
retail project on De Anza Boulevard. These are refuted as follows:
"The left turn pocket from De Anza is critical to the success of the retail leasing effort
and for the viability of retail along Tawn Center Lane. "
The letter provided by the appellant ITom T erranomics (a retail leasing broker in
Burlingame) simply talks about convenience of access and suggests that the left turn is
"vital to the success of the retailers... in the project." However it offers no proof or
history oflike situations that would substantiate that claim. Further, such a statement flies
in the face of approximately 200 similar retail tenants/businesses along De Anza ITom
Homestead to Route 85 who seem to be enjoying some measure of success without any
median break providing a left turn into their respective driveways.
The left turn pocket from De Anza into the project is a better traffic alternative for
Pacific Avenue.
It is unclear on what basis Mr. McMorrow makes this claim. The memorandum provided
by the appellant ITOm Fehr and Piers, Transportation Consultants, states that the "De Anza
Boulevard/McClellan Road-Pacifica Drive intersection would operate at the same levels of
service (LOS 0 or better)... with or without the median break." It further states that
without a median break the delay would not be affected by more than one second at this
same intersection. In summary, contrary to the appellant's assertion, there is no
appreciable improvement at the Pacifica intersection with or without a medial! break.
What the traffic memorandum should have said (but is silent on this point) is that a left
turn opportunity at this location 400 feet ITom a major intersection would require a
motorist to turn in ITont of oncoming traffic originating ITom three different directions and
cross 4 Y, lanes of a major arterial street with the highest traffic volume in the City. As
such this is an inherently dangerous maneuver and if allowed would create the potential
for vehicular conflicts.
13-.2
There are at least nine other left turn pockets along De Anza south of 280 into "private"
driveways ...so thiswil/ not establish any precedent.
It is again difficult to understand the basis for this claim, since it is factually untrue. The
area studied by the original impact analysis included De Anza Boulevard ITom Homestead
Road in the north to Route 85 on the south (Figure 1 in the original Traffic Impact
Analysis). In fact, there are only two left turn pockets (not nine) into private properties
over the entire 2-'I:z mile length of De Anza Boulevard. One is into Home Depot between
Bollinger Road and Clarendon Street, and one is into the Ventana Housing complex. Both
of those left turn breaks are in the City of San Jose, not the City of Cupertino and both are
much more than 400 feet ITom a signalized intersection. All other median breaks are at the
intersections of public streets and all but one are fully signalized intersections. There are
no signalized intersections and no left turn median breaks at private property driveways
anywhere else on that length of De Anza Boulevard.
Entitlement Approval Conditions
Although not specified as the basis for the appeal, Mr. McMorrow attached an excerpt
ITom the conditions included in the notice of the Council's action noted above. While it is
not clear what this document is intended to convey in support of the appeal, staff has the
following comments to offer Council.
The condition highlighted in the document attached to the appeal is Item 23 "De Anza
Boulevard/McClellan Road Intersection Improvements and Traffic Signal at South
Driveway." This condition neither supports nor allows the installation of a traffic signal at
the South Driveway. Instead it provides that the City "... conduct an analysis of the
intersection of De AnzaIMcClellan to determine improvements required at the intersection
and if a traffic signal is required at the south driveway". Further it states that "If the above
study determines that a signal is required (emphasis added) at the south driveway.." then
the cost of the signal would be borne by the developer.
Neither of these conditions states or implies that a signal should be allowed by itself or at
the request of the development. It is because of that specific wording that the Director of
Public Works agreed to support the overall project since any subsequent study would
determine the outcome of that particular issue.
It was understood at the time by the applicants (Hunter Storm Properties) and all
concerned that the Public Works condition as stated above would allow the project to
proceed independently of that issue and that it would be resolved at the time the Director
of Public Works reviewed the Plans and Specifications for the off site street improvements,
which is his responsibility as City Engineer.
The subsequent study conducted by Fehr and Peers as outlined in the memorandum dated
October 26, 2005 does not conclude that either a signal or median break left turn pocket is
required at the South Driveway. As such, the Director of Public Works' determination
13-3
that neither a signal nor a median break left turn pocket be allowed at the south driveway
is an appropriate and consistent implementation of that condition.
Finally, the City Manager also noted in the letter supporting the determination by Director
of Public Works that the determination is in no way arbitrary but is, rather, based on
maintaining the integrity of sound traffic management operations and safety on the entire
length of this portion of De Anza Boulevard. It was further noted that to place a signal or
median break at that location for the purpose outlined by the appellant would set a very
poor precedent for the evaluation of any future development activity on De Anza
Boulevard.
STAFFRECO~NDATlON
It is recommended that the City Council deny John McMorrow's Appeal of the City
Manager's Determination regarding Site Access for the Silverstone Project on De Anza
Boulevard - Application U-2002-6
Submitted by:
r:ML
David W. Knapp
City Manager
Atch: City Manager Letter dated March 24, 2006
Director of Public Works Letter dated July 25,2005
Appeal by John McMorrow w/attachments dated April 4, 2006
/3-'/
City Hall
'10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
DEPARTMENT OF PUBLIC WORKS
Ralph A. Qualls, Jr., Director
CITY OF
CUPERJ1NO
July 25, 2005
Mr. Edward D. Storm
CTC Funding, LLC
20725 Valley Green Drive,Suite 100
Cupertino, CA 95014
Subject: R2 Development/Civic Park - Left Turn Lane @ De Anza Boulevard
Dear Ed:
This responds to your letter of July 22, 2005 on the above subject and is to once again be
very clear about the issue of a left turn break in the median of southbound De Anza
Boulevard south of Town Center Lane. It will also serve to memorialize the e-mails that
we have exchanged today. Since both your letter and your e-mails have left some
uncertainty over what is required for the Public Works Department to issue a clearance
for Silverstone's building permits I felt it was important to specify exactly what is
necessary for that clearance to be issued.
1. You will provide a schematic drawing that shows the planned layout for an
extension of approximately 100 feet of the southbound left turn lane on De Anza
Boulevard at Pacifica Drive. It will not show a median break of any kind.
2. You will provide an estimate of the cost of that work and other necessary off-site
improvements (which, although only a rough estimate, we must still approve) and
provide a surety in the amount of 150% of that cost.
3. The encroachment permit fee, which we will determine based on the scope of the
improvements, and the surety must be provided before any clearance is issued
which you have requested be completed by July 29,2005.
4. The final street improvement plans will be completed no later than 60 days ITom
the date of the building permit issuance.
5. The cost of those off-site improvements will be deducted ITom the $200,000
allowance for traffic improvements that is a condition on the project.
/3-5"
Finally, since I have made it clear on several occasions, most recently at our meeting last
week, that I do not support a median break at that location, that is an issue that has been
put to rest and that decision is fmal. As you know, the City normally does not allow any
development to proceed with building permits without including and securing the offsite
improvements and applicable conditions. Therefore, in light of my willingness to allow
the permits to be issued without the completed street plans, I would hope that the median
break issue would not be raised again in any context.
Please call me or e-mail (ralphq(a).cupertino.com) if you have any other questions.
Sincerely,
~~ £..l a U'd-
Director of Public Works
C: David W. Knapp, City Manager
Steve Piasecki, Director, Community Development
Greg Casteel, Building Official
Ed Storm, Deke Hunter, Hunter-Storm Properties
John McMorrow, Silverstone Communities
/3-(.
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City Hall
10300 Torre Avenue
<:Upertino,CA 95014-3255
(408) 777-3212
OFFICE OF THE CITY MANAGER
CITY OF
CUPEIQ1NO
March 24,2006
Mr. John McMorrow
Silverstone Communities
1733 Woodside Road, Suite 125
Redwood City, CA 94061
Subject: Site Access for Silverstone project on De Anza Boulevard - U-2002-6
Dear Mr. McMorrow:
This responds to your e-mail of March 22,2006 requesting my review of the Director of
Public Works' determination that neither a left turn pocket for Southbound De Anza
Boulevard traffic nor a traffic signal would be allowed at the South Driveway located
approximately 400 feet north of the intersection ofDeAnza Boulevard and McClellan
Avenue.
I have reviewed the matter both in the documents of the City staff reports and the record
documents of the actions by the Planning Commission on Apri128, 2003 and the City
Council actions of May 19, 2003. I have also discussed the matter with the City Staff.
AJ; a result of this review, I am satisfied that the determination by Director of Public
Works is not arbitrary, but is based on maintaining the integrity of sound traffic
management operations and safety on the entire length of this portion of De Anza
Boulevard. To place a signal or median break at that location for the purpose you have
outlined would set a bad precedent for evaluating any future development activity on De
Anza Boulevard.
In conclusion, I agree with the determination by the Director of Public Works that neither
a signal nor a left turn median break be allowed at the South Driveway of the Silverstone
project.
If you wish to appeal this decision to the City Council, you maý file a formal appeal with
the City Clerk (408-777-3224) within 10 business days of the date of this letter.
y:J~-(~
David W. Knapp
City Manager
Printed on Recycled Paper
13-7
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
f5)tE~tE~W[EfRI
lfìlj APR - 4 2005 1l\!J
CUPERTINO CITY CLERK
CI'nTÖF
CUPEIQ1NO
1.
Application No.
APPEAL
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2.
Applicant(s) Name:
John McMorrow
3.
Appellant(s) Name:
Silverstone Development
Address
1733 Woodside Road, Redwood City, CA 94061
Phone Number
650.740.0234
Email
mcmorrow@silverstonecommunities.com
4. Please check one:
~ Appeal a decision of Public Works Director
5. Date of determination of Director or mailing of notice of City decision:
March 24, 2006
6. Basis of appeal:
The Public Word Director wants traffic for the new retail center directed to either
Pacific Avenue or Rodrigues Avenue instead of allowing a left turn traffic motion
ITom De Anza into the project as contemplated by the initial project approvals.
1) Town Center Lane is a gateway to the new City community center and library
and it is beneficial for the City to have an energetic and attractive new retail
ITontage along Town Center Lane.
2) The left turn pocket ITom De Anza is critical to the success of the retail leasing
effort and for the viability of retail along Town Center lane. See attached
sketch and letter ITom Terranomics.
3) The left turn pocket ITom De Anza into the project is a better traffic alternative
for Pacific Avenue. See attached traffic study.
4) There are at least nine other left turn pockets along De Anza south of 280 into
"private" driveways to facilitate smooth traffic flow and a like number on
Si"",,,,,oe-:t'"= C",k" tiW ~ ~y pcoc",,"'
/3-4'
Resolution No. 6183
Page 6
U-2002-06
April 28, 2003
/"
/22. SOUTH DE ANZA BOULEVARD PARKWAY
. The project shall implement a 20-foot wide parkway (10 foot landscape strip, six-foot
sidewalk and four-foot landscape strip) along the frontage on South De Anza Boulevard
consistent with the South De Anza Boulevard Conceptual Plan.
23. DE ANZA BOULEV ARD/McCLELLAN ROAD INTERSECTION IMPROVEMENTS
l· AND TRAFFIC SIGNAL AT SOUTH DRIVEWAY
a. Intersection improvement study - The City shall cond uct an analysis of the intersection
of De Anza/McClellan to detemline improvements required at the intersection and
if a traffic signal would be required at the south driveway.
b. De Anzn/McCleIlml - As part of Phase 1, the applicant shall contribute their
proportionate share of the cost to study and redesign the McClellan/Dc Anza signa]
to enable it to function more efficiently, as described in tl1e traffic report (page 42).
Contribution for Phase 1 shall be at least $40,000. Total contribution for the Master
Plan buildout shall not exceed $200,000. Each phase of tl1e project shall contribute a
proportional share of the total contribution prior to issuance of final occupancy of
each phase.
c. Signal at soutll dri¡'ell'ay - If the above study determines tl1at a signal will be required
at tl1e SOUtl1 driveway of the project, tl1e applicants shall contribute tl1e entire
amount of the cost of installing said signal.
24. TRANSFORMERS
Electrical transformers, telephone vaults, backflow preventers and similar above
ground equipment enclosures shall be screened with fencing and landscaping or
located underground such that said equipment is not visible from public street areas.
Said equipment locations shall be determined prior to issuance of building permits.
25. SANITARY DISTRICT
Prior to obtaining a permit for occupancy, the applicant shall provide written
confirmation from tl1e Cupertino Sanitary District tl1at adequate capacity is available for
tl1e project or the applicant shall pay for the appropriate mitigation costs to provide tl1C
required capacity and shall enter into a reimbursement agreement witl1 tl1e District.
26. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
tl1e amount of such fees, and a description of the dedications, reservations, and other
exactions. You arc hereby further notified that tl1e 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to fi]e a protest within tl1Ìs
90-day period complying with all of tl1e requirements of Section 66020, you will be
legally barred from later challenging such cxactions.
6
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13-10
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TERRANOAIIICS
I
A D/V/S/O/V OF BT COMMERC/AL
1350 Bayshore Hwy.. Suite 900
Burlingame. CA 94010
Tel. (650) 348-2400
Fax (650) 347-4307
November 22, 2005
John McMorrow
HR PARTNERS SILVERSTONE COMMUNITIES
1733 Woodside Road, Suite 125
Redwood City, CA 94061
Re: Civic Park, Cupertino
Left Turn Access
Dear John,
I hope you understand how important the left hand access is to the success of the retail portion of
your project at Ci vic Park.
Ease of access and convenience is vital for the success of retailers. The retail in the project is already
challenged by the parking being for the most part in a structure. People will certainly be able to see
the retail, but if they have to do a U-turn to get to it and then park in a structure, they are very likely
to just keep on driving and not stop to shop.
The left hand access off De Anza Blvd. is vital to the success of the retailers who will be occupying
the project. I would recommend you do everything you can to have a left turn access on De Anza
Blvd. to Civic Park Drive.
Please call if you have any questions.
Sincerely,
Terranomics Retail Services
a division of T Commercial.-
'>-õ 0 b V2-
Todd D. Oliver
Partner
/3-1/
fþ
FEHR & PEERS
TRANSPORTATION COHSULTAHTS
MEMORANDUM
Date:
October 26, 2005
To:
John McMurrow, SilverStone Communities
Mike Cutchin, SilverStone Communities
From:
Krlstiann Choy, P.E.
Subject:
Cupertino Civic Park - De Anza Boulevard Access
1035-653A
Fehr & Peers completed a traffic analysis for the Cupertino Civic Þark Project and summarized
the findings in the March 2003 Town Center Development Transportation Impact Analysis (TIA).
That study assumed that a new traffic signal would be installed at the south driveway and De
Anza Boulevard. We have been asked to re-evaluate the operations at the De Anza Boulevard
intersections with Rodrigues Avenue and McClellan Road/Pacifica Drive for Project and 2010
Conditions under two alternatives. The first alternative assumes no traffic signal but a median
break on De Anza Boulevard that would allow Inbound left-turns at the Civic Park driveway, and
the second alternative assumes neither a traffic signal nor a median break will be installed. This
memorandum summarizes the results.
Intersection Levels of Service
As reported in the March 2003 TIA, the De Anza Boulevard/Rodrigues Avenue intersection would
operate at LOS C during the AM peak hour and LOS B during the PM peak hour under Project
Conditions. The De Anza Boulevard/McClellan Road-Pacifica Drive intersection would operate at
LOS C during the AM peak hour and LOS 0 during the PM peak hour under Project Conditions.
Under both allernatives, all traffic leaving the project site to head south on De Anza Boulevard
would either turn left from Rodrigues Avenue, tum right onto De Anza Boulevard from the project
driveway and make a U-turn at Rodrigues Avenue or turn left from Pacifica Drive. With inbound
left-turns prohibited, traffic entering the project site from the north on De Anza Boulevard would
either turn left at Rodrigues Avenue or make a U-turn at Pacifica Drive. The operating conditions
of the De Anza Boulevard/Rodrigues Avenue and De Anza Boulevard/McClellan Road-Pacifica
Drive intersections were evaluated with the reassigned traffic.
Intersection LOS calculations were conducted using TRAFFIX software and the 1985 Highway
Capacity Manual methodology with adjusted saturation flow rates, which is the City and Santa
Clara Valley Transportation Authority (VTA) adopted LOS methodology. The results of the
intersection level of service calculations are summarized In Table 1. The LOS results for the
Project Conditions with the traffic signal from the March 2003 study are also shown in Table 1 for
comparison purposes. With the median break, the De Anza Boulevard/Rodrigues Avenue
intersection would operate at LOS C during the AM peak hour and LOS B during the PM peak
hour. Without the median break, this intersection would change to LOS C during the PM peak
hour. The De Anza Boulevard/McClellan Road-Pacifica Drive intersection would operate at the
same levels of service (LOS 0 or better) with the traffic signal and with or without the median
break.
255 Markel Street, #200. San Jose CA 95110 (408) 278-1700 Fax (408) 278-1717
www.fehrandpe....com
/3-12
Mike Cutchin
October 26, 2005
Page 2 of 3
fp
FEHR & PEERS
TUNS'OaUTlDI tOIlSUUAIIT$
TABLE 1
PROJECT CONDITIONS INTERSECTION LEVELS OF SERVICE
With De Anza Slgnal' With Median Break Without Signal or
Peak Median Break
Intersection Hour Delay LOS Delay LOS Delay LOS
1. De Anza Blvd. I AM 15.7 C+ 16.0 C+ 16.4 C+
Rodrigues Ave. PM 14.2 B- 14.7 B- 15.2 C+
2. De Anza Blvd. I AM 18.1 C 18.1 C 18.5 C .
McClellan Rd·Paclfica Dr. PM 27.7 D+ 27.7 D+ ., ¡oo.. 28.1_~ iii'" D
Notes:
I. As reported in the Town Center Transportation Impacl Analysis (Fehr & Pe... Associates, March 2003)
2. AM - morning peak·hour, PM _ evening peak.hour.
3. Whole Intersection weighted average conlrol delay expressed in seconds per .vehicle for s¡gnaRzed Intersections
using methodology described In Ihe 19B5 Highway Capacity Manual, with adJusled saluration flow rates to reflect
Sanla Clara County Conditions.
4. LOS. Level of service.
The LOS results for 2010 Conditions with and without a median break are shown in Table 2. I s
shown in Table 2, the De Anza BoulevardIRodrigues Avenue intersection would operate at ti e
same levels of service with the signal or with the median break. This intersection would chan¡¡e
Irom LOS B to LOS C during the PM peak hour without the median break. The De An a
Boulevard/McClellan Road-Pacifica Drive intersection would continue to operate at the sarr e
levels of service with the traffic signal, with the median break and without the median break. Tt e
resulting increase in average delay with or without the median break is Jess than one second.
TABLE 2
2010 PROJECT CONDITIONS INTERSECTION LEVELS OF SERVICE ,
!
WIth De Anza Slgnal' With Median Break Without Signal or I
Peak Median Break
Intersection Hour Delay LOS Delay LOS Delay LOS .
.
1. De Anza Blvd. I AM 16.3 C+ 16.7 C+ 17.1 C
Rodrigues Ave. PM 14.4 8- 14.9 B- 15.3 C+
2. De Anza Blvd. I AM 20.2 C 20.2 C 20.7 C
McClellan Rd.-Pacifica Dr. PM 43.3 E+ 43.3 E+ 43.6 E+
Notes:
1. As reported in the Town Centsr Transportation Impact Analysis (Fehr & Peers Associates, March 2003)
2. AM Ie: morning peak·hour, PM II' evening peak-hour.
3. Whole intersection weighted average control delay expressed In seconds per vehicle for signalized Intersections
using methodology descrlbad In Ihe 19B5 Highway Capacity Manual, with adjusted .aluration flow rates 10 reflect
Santa Clara County Conditions.
4. lOS - level of service.
/3-13
Mike Cutchin
October 26, 2005
Page 3 of 3
fþ
FEHR & PEERS
IUK5~ORtAIIO" tON$UL1AIITS
ConclusIon
The TRAFFIX results indicate that, under Project Conditions, the De Anza Boulevard/Rodrigues
Avenue and De Anza Boulevard/McClellan Road-Pacifica Drive intersections would operate at
the same levels of service with a traffic signal or a median break. Without a median break
installed at the project driveway, the De Anza Boulevard/Rodrigues intersection would change
from LOS B to LOS C during the PM peak hour. Similarly, this intersection would also operate at
LOS C during the PM peak hour under 2010 Conditions without the median break. Without any
intersection improvements, the De Anza Boulevard/McClellan Road-Pacifica Drive· intersection
would operate unacceptably with the traffic signal, with a median break, or without a median
break during the PM peak hour under 2010 Conditions. Removal of the signal and without a
median break would result in an increase in average delay of less than one second at both
Intersections.
/3-!£/