Director's ReportCUPERTINO CITY HALL
10300 TORRE AVENUE
CUPERTINO, CA 95014
TELEPHONE (408) 777-3308
FAX (408) 777-3333
CUPERTINt7
DEPARTMENT OF COMMUNITY DEVELOPMENT
Subject: Report of the Community Development Director
Planning Commission Agenda, Date: Tuesday, October 13, 2009
The City Council met on October 6, 2009, and discussed the following item(s) of interest to
the Planning Commission:
1. Use Permit Modification for Adobe Terrace -Council approved the modification as
recommended in Planning Commission's Resolution #6563, with modification to allow 50%
commercial office use and 50 % retail, but only for the current property owner.
Miscellaneous ltems:
1. Housing Proposal - At the August 13~ Housing Commission meeting, a presentation was
made under oral communication by Cupertino Rotary club representatives about a
proposed senior housing project on Mary Avenue. The presentation included a general
PowerPoint overview of the concept, as well as a question and answer session. Attached is
the handout Rotary provided as well as the agenda & minutes. Since the project came up
under oral communications, the Housing Commission decided to invite Rotary back for the
September meeting, at which time the commission would consider taking a formal position
on the conceptual project.
At the September 10 Housing Commission meeting, members voted to support Rotary's
conceptual senior housing project on Mary Avenue. Agenda of that meeting is also
attached. The Commission directed staff to draft a letter to accompany the item when it
comes to Council, expressing the Commission s support. The Commission asked that the
letter highlight the need for senior housing in Cupertino, and the proposed location of this
site near neighborhood amenities such as shopping, dining, entertainment, and
transportation (not mention our Senior Center and Memorial Park). The Council will hear
a presentation on the project later this year.
2. Renewal Permit for Lehigh Cement/Quarry -Colin Jung attended the Bay Area Air
Quality Management District (BAAQMD) hearing for the Title V permit for Lehigh Cement
Quarry on Thursday, September 19. The permit has to be renewed every five years, and
facilities are required to meet emissions criteria set by BAAQMD. About 60% of the
Cupertino Room was filled including a councilmember, two council candidates, County
planner Gary Rudholm, tl-tree Lehigh representatives (including Sandy James) and Lloyd
LaCuesta, the television news reporter.
The agenda for the hearing included: Welcome and introductions, a brief staff presentation
and a public hearing. At least a half dozen BAAQMD staff and the hearing officer on the
permit attended the hearing. Staff gave a brief overview presentation of the Title V permit:
what it is and what it can and carulot do. The remainder of the time was taken up by
~~-
Report of the Community Development Director
Tuesday, October 13, 2009
Page 2
public testimony that was recorded by BAAQMD staff. There was no formal verbal
interchange between staff and the public, but after the hearing, there was informal, one-on-
one Q&A between staff and the public. Thirty-four people testified: 33 against the permit
renewal and one supporter. The partisan crowd applauded each of the opponent speakers,
while the lone supporter was booed. The opponent speakers came from a large geographic
area: Los Gatos, Los Altos, Los Altos Hills, & Cupertino. In Cupertino, there were speakers
from Stevens Creek Boulevard, Creston, Linda Vista, and the Forum. Some speakers
represented countywide public health interest groups. There was a wide range of concerns
among the speakers with several recurring themes. The concerns included:
- The quantity of mercury being emitted by the cement kiln and its possible connection
to higher incidence of autism among Cupertino schoolchildren compared to other area
children.
- Delaying action on the permit renewal until new EPA regulations are promulgated in
March 2010 on hazardous air pollutants produced by the cement industry.
- Lack of a central kiln stack to monitor emissions. Presently there are 32 vents on the
kiln and only a few of the vents are ever monitored.
- Violations of the air quality regulations are occurring after regular hours when
BAAQMD employees have gone home for the day or weekend.
- Lack of monitoring of environmental conditions by independent third parties, rather
than, by Lehigh Quarry itself.
Written comment period ended on October 1, 2009. The Planning Division received one
additional comment email from a resident and forwarded it to the BAAQMD.
3. Street Light Demonstration - As part of Cupertino's energy efficiency project review
process, it is evaluating alternative streetlight technologies and installers. Included in this
effort is a fixture demonstration so that staff, community members, and others may view a
variety of installed fixtures to evaluate their aesthetics and so that light performance may
be measured (luminance, color temperature, uniformity, etc.). The Light Emitting Diode
(LED) and induction technologies evaluated through this demonstration are both designed
to use 40% less energy and last longer than the existing High Pressure Sodium (HPS)
streetlights, thereby lowering utility and maintenance costs.
Through its 2005 municipal-wide greenhouse gas emissions inventory, the city identified
that street lighting accounts for 41 % of total electricity consumed and 39 % of total energy
costs of municipal operations. As such, street lighting has become a primary focus for
efficiency upgrades, particularly as current equipment, namely the city's high-pressure
sodium lamps, reaches the end of its useful life.
Two different technologies will be displayed near City Hall: four LED (Light Emitting
Diode) lights and four induction (a form of fluorescent lighting) lights. Both technologies
have life expectancies up to five times that of the city's currently installed street light
technologies, and use less energy.
The LED & induction fixture installation is part of the competitive process of selecting a
streetlight vendor. It allows evaluation of the installation and workmanship of the
prospective subcontractors. In addition, it gives city staff and residents an opportunity to
preview and provide feedback on different street lighting technologies.
~~
Report of the Community Development Director
Tuesday, October 13, 2009
Page 3
Streetlights for the demonstration were installed on September 23 & 24 on Pacifica Avenue
between S De Anza Blvd. and Whitney Way.
A Streetlight Demonstration Event was held at 7:15pm on September 29 on Pacifica Avenue
near City Hall (see accompanying map). Feedback on the alternative streetlight fixtures
was collected at this event. Staff and residents may also submit comments through
AccessCupertino (under special events topic).
4. On-Line Permitting - We installed the system and activated five contractor accounts for
online permitting. IT Manager, Mariyah Serratos, will present a demonstration to City
Council at the October 20 meeting.
5. Projections 2009 -ABAG produces updated forecasts every two years and publishes them
as Projections. ABAG released the final Projections 2009 document in August 2009 and
hard copies were sent to cities in September 2009. The attached memo provides additional
details.
6. Our Website Wins National Award -Our website has won first place in its population
category for the National City-County Communications and Marketing Association
(3CMA) 2009 Savvy Award. The awards were announced at the annual 3CMA conference
last Thursday in Scottsdale, AZ. Our web specialist, Nidhi Mathur, has done an absolutely
outstanding job leading and coordinating our website effort.
The City provides residents and businesses web-based services ranging from business
permits to live webcasts. We continue to expand online service and information resources
and deliver services far beyond those provided by cities our size.
The Savvy Awards recognize local government achievements in communications and
marketing and provide nationwide recognition for innovative government solutions.
Upcoming Dates:
Sept 29 Street Light Demonstration Event, 7:15 PM (Pacifica Ave near City Hall)
Oct 24 Cupertino Library's 5~1 Anniversary Celebration, l0- 4 pm, Ceremony 11:30 am
Nov 2 Possible Council Meeting
Nov 3 Election Day (no Council meeting)
Dec 1 Council Swearing in Ceremony
Enclosures:
Mary Avenue Senior Housing Project Materials
ABAG Projections
Street Light Demonstration Informational Flyer & Map
Staff Report
G: ~ Planning ~AartiS ~ Director's Report ~ 2009 ~ pd10-13-09.doc
~~-3
IMAGINE THE TRANSFORMATION
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The Concept
1. Remove 860
lineal feet of
excess asphalt
along Mary
Avenue and
consfruct T8-20
l t
IS THERE ENOUGH ROOH
TO DO THIS?
sing a-s ory When you remove the angled parking
affordable senior and the center left turn lane you pick
cotfages. up a narrow strip of land about 35 fee
2. The excess deep by 860 feet long. The land
asphalt consists equals about 213 of an acre. (See
of rarely used attached figure on page 5)
angled parking
and a center
f 1
urnrng ane.
3. Re-s fri pe .Mary
Avenue into a
slower, safer
two-lane tree
lined neighbor-
hoodstreetwith
parallel parking
and bike lanes.
"THEY PAVED
PARADISE; PUT
UP A PARKING
LOT"
[SN'T THIS PARKING BEING USED?
Cupertino Rotary Club members have been
monitoring the parking along this stretch of Mary
Avenue for about 6 months and it is occasionally
used by moving vans, large motor homes, large
semi-tractor trailer trucks and once in a while a
few De Anza college students and flea market
attendees. Most of the time this is what we saw.
The area does not include the parking in front of
the Oaks Shopping Center that is heavily used by
De Anza students and festival-goers. The
segmentofparking along Mary Avenue
contemplated for this project is further down Mary
Avenue and is rarely used.
u er ino~ -~~.o ~~ ~ ~,
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A ~O ~ C3 NOT FOR PROFIT CORPORATION
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HOW ARE YOU GOING TO PAY FOR THIS?
The great advantage of using excess street
area is that we don't have to purchase the
land. It will cost to move the curb and
regrade the property and to construct the
new senior cottages.
"PLEASE JOIN US
IIV THIS EXCITING
GRASS ROOTS
COMMUNITY
The Rotary Housing Corporation hopes to
partner with the City of Cupertino and
possibly anon-profit housing developer and
use funding set aside for affordable '
housing. The partnership will also seek
grants that are specifically set aside for
affordable housing.
V~HAT WILL HAPPEN TO THE LITTLE PARK NEXT TO
CASA DE ANZA?
With community assistance it would be nice to shift the curb out to
align with the new curb in front of Mary Avenue Village to expand
the size of the park and then rebuild the park.
Some grass, a swing set a slide and perhaps a rose garden that
the seniors could tend? magine...
WHY ONE STORY COTTAGES?
~,,~.. The small one-story cottages are
planned to be 500-800 square feet in
size and will be shielded from the
freeway by the existing sound wall.
Single story is preferred because senio
..:_._ .
may have disabilities or find it difficult tc
..;
climb stairs. Detached cottages will fit i
~''' better with the predominantly single-
F
~Y family detached neighborhood. Also,
seniors will appreciate having their own
home with some space around it for
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FROM THIS TO THIS
EFFORT
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MARY AVENUE
SENIOR HOUSING
CITY OF CUPERTINO
MARY AVENUE
CUPERTINO, CALIFORNIA
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C1TY OE
CE.IPERTINd
Call to Order
Roll Call
Written Communications
AGENDA
Oral Comm~xn'rcations
This portion of the meeting is reserved for persons wishing to address the Commission
any matter nc~t on the agenda. Speakers are limited to three (3} minutes. In mast
cases, State law will prohibit the Commission from making any decisions with respect to
a matter not listed on the agenda.
Unfinished Business
Update on the Housing Element
New Business
Guest speaker, Debbie Vl/ade of the Housing Industry Foundation.
Commissioner Reports
Announcements
Adjournment
Adjourn to Regular Meeting of the Cupertino Housing Committee on September 10,
2Dt}9.
Iri campliatace tvit#i the Atrterca~is with Disabilities Act (ADA), the City of Cuperti~ia will
make reasonable efforts to accommodate persons with quali~erl disabilities. If you require
special assistance, please contact the city clerk's office at 40$-7T7 3223 at least 4$ hours in
advance of the meeting.
Meeting of the Cupertino Housing Commission
'1300 Torre Avenue, Cupertino -City Hall Conference Room C
Thursday, August `t 3, 2009 at 9:00 a.m.
1~-2-~ o
14~i tU~I`r~S aF THE MLET1vTG OF
THE CTJPERTINO HOUSIl~TG COMMISSItJIv
August 13, 20Q9
L CALL TO [)BOER
The nieetin~ of t17e Cupertino Housing Coriunission was caIIed to order at 9:1a a.rn. by Chair: IZadha
Kulkanl.i L
2. ROLL CALJ<,
Present: Chair Radha Kulkarni; Frances Seward, Nicole Ma:roko and Planning Conunissioner David
Kaneda
Absent: Harve3T Bai~n.ett anal Jessie Lin
Staff oresent: Vera GiI, Senior Planner; Ife11y Kline, RedevelopmentlEconomic Developn~erlt Manager;
Steve Piasccki, Consulting Planner
3. WII2I`I~TEN CU~~G1~dIC'ATI(3NS
None
~. ORAL CO'1~II17L.~1V~CATIfl1~S
Rota1:-y Housing Connraton
rotary Housing Com~rafion representatives I~atli~=1~'ells and 1i:m ~ alker made a PozverPoint
presentation tci the Hoiisina Canunission. The Rotary Housing Corporation is a new 501 {c) (3) not for
profit co;~oration created with tl~e specific nussion of creating affordable senior Housing to serve-
Cupertino residents.
The project would result in, 18-2Q units of affordable senior housing c.onstruct~.d on excess asphalt
consisting of rarely used angle parking and a center tuns lane along Mary Avenue. Mary Avenue «-ould
lie narrovvecl into a na~z-oj~~er, safer, tree-lined neichborhood street ~~rith a bicycle lane and parallel parking.
The uili.ts would be small 5(?0-8Q(~ square foot detached. one-story cottages with front porches.
The Rotary Housing Corporation has held one ncighborho~d in.eetiizg and is pIanrung on n.~eeting with the
Glenbraak. Apartments and the Senior Center- iii the ile.ar future.
After the Rotary I-lousing Coi~ozation presentation, the Plousii7g Cornnuss.i.on discussed the idea.
I'l:an.ning Comr~~issioner David l~aneda rrrentioned that the senior hoL~sing was a gr~at idea. However, he
rem.enibers the community complaints about removal of the parking vahen the last proposal to narrow
IVtary Ayer~ue ~-as heard, iVLr. Piaseekr and l~~lr. Walker addressed this by discussing the recent
construction of a new parking garage on the DeAnza College eanspus which more than. addresses the
scl°~ool's parking needs. Most of those parking on the current Mary Avenue spaces ar'e individuals not
wishing to purchase a parking pass at tiie eol.le~?e. Also, members c+f file Rotary Hc~tirsing Corporation have
Ue~-n moriitcrulg the use of the parking spaces at key times- and they are firdina very Little use of these
spaces.
P~-~
COIT1I11ISSlaner i~•larako mentio3~ed that documeaiti.ng the needs for the affordalal:e senior housing. is also
key to tlii: developmznt of the project. What has the Ratazy Housing Corporation been doing: to document
the need? 11~r: ~?r'alker mentioned that they are planning to meet with the Senior Center director, Julia
Lamy to discuss Skhat the nce.d for this type of housing is currently. They h3~-e also been collecting other
data.
~. APPRf)V~L ®P IWI"I'~>IiTES
\?one
6. CJN~'II'~ZS~ED B>L~SINESS
Housing Element L~~date
City staff his a phone conference ~~~ith Lark >~~1cI\reil and Paul R~IcDougall of HCD to discuss sorze
Housing Element comments. The City e-mailed a response to HCD and is awaiting the arrival of a formal.
comment letter on ~-1ugu5t 25~'.
'7. l`NE'~4' SIJSII'+t~ESS
Presentation from the Housing In:dustry Found.atian
Debbie ~TJade from the Housing Industry Foundation (I-I~II~} made a presentation to the Housing
Commission an ~=rhat her foundation does in the community. HIF vas started Icy a gxc~up of apaiiment
owners and expanded ovzr time. They serve the counties of Sou Ivlateo and Santa Clara with t1uee
programs. They allocate ~2;;O;OQC? for emergency assistance through contracts t~rith commuzuy age~~cies.
~VVCS i.s one of their pai-iner agencies. They also here a Sheltzr Rehab Pro4ra._m where agencies like
Senior I~Iousul+~ Solutions can re~;eive assistance in repairing or improving then shelterftra_nsitiona111ome.
Finally is-tl~e Disaster Relief Program that assists families `v3ih relocation costs .if. they need to relocate
duz to a natural disaster.
$. C~1VL~~LI7'TEE lY~NIBER REI'EORTS
Chair.. Radha Kulkariu was unable to attend the last ?vIa}tot's trieetiig.
9. aNi°ZC)UNC'E1~VTS
The Comnussioncr's Dinner 5vill lie bold on September 10, 2Qf)9 at the Cozn~nunity Hal]. Please be sure
t~ RSVP.
10. !~D,T~IJRN1~~iEi`I'I'
Mezting adjourned at 10:3Q a.m. to reguIa:r meeting on September 1Q, 2009.
SU~3lvIITTED B~:
Vera Gil,
Staff liaison to the Cupertino Housing Conulzission
prQ-I~
CITY OF
CUPERTINO
Call to Order
Roll Call
Written Communications
ADENDA
Oral Communications
This portion of the meeting is reserved for persons wishing to address the Commission
any matter not on the agenda. Speakers are limited to three (3) minutes. In most
eases, State law will prohibit the Camrnission from making any decisions with respect to
a matter not listed on the agenda.
Minutes:
August 13, 2009 minutes
(Acfio«: Make cot'rections and approve)
Unfinished Business
None
New Business .
Request from Cupertino Rotary Housing Carporatian to enter into a Mernarandum of
Understanding with the City of Cupertino to develop affordabie senior housing an the
Mary Avenue right of way.
(Action: Make recommendation to Cify Council)
Comrmissioner Reports
Announcements
Adjournment
Adjourn to Regular Meeting of the Cupertino Housing Committee on October 8, 209.
In corrtplinuce with tfte Arrtericatts rvitli DiscrGilities Act. (ADA), t/ie City of Ctrpertirio" rwilC
rrtttke rertsr~rrcrble efforts tv accorrurzorlate persvrts with qualified disrrhilities. If you require
special assisttrncc~, please corttczct tl:e city clerk's office rtt 4118-777-.223 at least 48 leorrrs irr
artvrrrtce of fire rtteetin~;
Meeting of the Cupertino Housing Commission
'[03t?Q Torre Avenue, Cupertino -City Ha11 Conference Room C
Thursday, Sepfiember 10, 2009 at 9:t}Q a.m.
f~ I'Q- 13
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
CUPERTINO
September 29, 2009
TO: David Knapp, City Manager
FROM: Aarti Shrivastava, Director of Community Development
SUBJECT: Association of Bay Area Goverrunents (ABAG) Projections 2009
The Association of Bay Area Governments (ABAG) is responsible for making long-term
forecasts or population, housing, and employment for the nine-county Bay Area. ABAG
produces updated forecasts every 2 years and publishes them as Projections. ABAG
released the final Projections 2009 document in August 2009 and hard copies were sent
to cities in September 2009.
The forecast makes projections regarding population, jobs and households through
2035. By 2035, the population in the Bay Area is expected to grow by about 24% for a
total of 9 million people while jobs are expected to increase by 47%. Santa Clara County
is expected to grow in population by 33% while jobs are expected to increase by almost
56%. Santa Clara County is one of three counties expected to see the most change and
will account for nearly one-third of the regional growth in jobs and population in the
next 25 years. With a focus on sustainable growth, reducing greenhouse gas emissions
and increasing access to transit, Projections 2009 forecasts concentrate growth around
transit.
In Santa Clara County, San Jose, Sunnyvale and Santa Clara will remain the largest
population and job centers in the county. Smaller cities with limited transit
opportunities such as Cupertino have lower growth projections. Over the next 25 years,
Cupertino's population, households and jobs are expected to increase by about 4%, 8%
and 18% respectively. Table 1 (attached) provides details and a comparison for the
Region, County and some neighboring cities.
D~2-I ~
TABLE
ABAG PROJECTIONS 2009
Cities 2000 2005 2010 2015 2020 2025 2030 2035
Po ulation
Cu ertino 50,546 53,500 55,200 55,800 56,300 56,700 57,100 57,600 4.35%
Mowltaul View 70,708 71,800 72,100 76,100 80,200 84,100 87,300 90,600 25.66%
Palo Alto 58,598 61,400 61,600 66,200 70,400 73,400 80,400 84,000 36.36%
Cam bell 38,138 38,300 40,500 41,800 44,100 45,200 45,900 47,200 16.54%
Santa Clara Coun 1,682,585 1,763,000 1,822,000 1,945,300 2,063,100 2,185,800 2,310,800 2,431,400 33.45%
Ba Area Re ion 6,783,762 7,096,500 7,341,700 7,677,500 8,018,000 8,364,900 8,719,300 9,073,700 23.59%
Households
Cu ertino 18,204 19,250 19,830 20,030 20,360 20,720 21,100 21,480 8.32%
Mountain View 31,242 31,860 32,110 34,090 36,090 38,100 40,120 42,120 31.17%
Palo Alto 25,216 26,750 26,700 28,440 29,910 31,550 34,890 36,500 36.70%
Cam Uell 15,920 16,050 16,890 17,590 18,360 18,830 19,350 20,030 18.59%
Santa Clara Count 565,863 595,700 614,000 653,810 696,530 739,820 785,090 827,330 34.74%
Ba Area Re ion 2,466,020 2,583,080 2,667,340 2,784,690 2,911,000 3,039,910 3,171,940 3,302,780 23.82%
Jobs
Cu ertino 38,510 31,060 31,780 32,550 33,340 34,260 35,880 37,620 18.38%
Mountain View 65,480 51,130 51,990 52,510 53,650 58,890 65,310 72,470 39.39%
Palo Alto 86,960 75,610 76,480 76,740 77,010 78,550 80,320 82,160 7.43%
Cam bell 25,530 22,470 22,910 23,880 25,100 26,490 27,490 28,900 26.15%
Santa Clara Count 1,044,130 872,860 906,270 981,230 1,071,980 1,177,520 1,292,490 1,412,620 55.87%
Ba Area Re ion 3,753,460 3,449,740 3,475,840 3,734,590 4,040,690 4,379,900 4,738,730 5,107,390 46.94%
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energy efficient
Mock fixture demostration
at City of Cupertino
Installation
On Wed, Sept.Z3 and Thurs, Sept.
Z4 contractors will be installing
demonstration streetlight fixtures on
Pacifica Avenue between S DeAnza
Blvd. and Whitney Way.
- City Hall . _
. Installation Location - _- `
Streetlight Viewing Event
Tuesday, September 29, 7:15pm
Pacifica Avenue
Provide your feedback on the
demonstration fixtures!
If you have any questions regarding
the details of this effort, please
contact Erin Cooke at:
(408) 777-7603 or
erinc;c~cu~ertino.oro
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Induction Fixtures on the North Side
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~~' CUP 6243 CUP 6245 CUP 6254
Sun Ind. Enlight SLS CUP 6256
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CUP 1$21$ CUP 6244 CUP 6246 CUP 6255 •
Sun Ind. Enlight SLS Collins
! i 200 Watt 100 Watt 1 DD Walt 100 Walt
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LED Fixtures on the South Side
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CUPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
SUMMARY
Agenda Item No.
Application: M-2009-07
Applicant: Catherine Chen
Property Owner: Catherine Chen
Property Location: 20130 & 20132 Stevens Creek Blvd.
Agenda Date: October 6, 2009
Application Summary: Modification to an existing Use Permit (U-2004-01) to amend
the conditions to allow commercial/office uses where only retail had been allowed.
RECOMMENDATION:
The Planning Commission recommends that the Council:
1. Modify Use Permit U-2004-01 (see Attachment A) to allow General Commercial
uses as defined and limited in Cupertino Municipal Code Section 19.56 (CG
zoning district) in the commercial building space instead of requiring retail only.
(See Plannuzg Commission Resolution No. 6563).
2. Require a covenant be recorded on the property stating that the property is
under a special Planned Development Zoning district. The property owner(s)
and future successor(s) shall check with the City to find out the specific
restrictions under the P1aiuled Development Zone and related permits.
p~2- i~
M-2009-07 (Catherine Chen)
October 6, 2009
BACKGROUND:
On March 1, 2005, the City Council
approved a Use Permit (U-2004-01)
allowing the construction of a mixed-
use development (a.k.a. Adobe
Terrace) consisting of 2,395 square
feet of retail space and 23 residential
condominiums, located at 20128
Stevens Creek Boulevard. The
project was approved with a
condition that limited the commercial
spaces to retail uses (see Attachrrlent
A for the approved conditions).
Currently, 50.1 % of the commercial
space is occupied by Max Muscle, a
retail health food store, and 49.9% is
vacant (previously occupied by Alexa
Eye Wear -see picture below).
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Retail Conunercial Use
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The applicant, Catherine Chen,
recently acquired the commercial
portion of the mixed-use
development with the intent to
locate a State Farm Insurance office
in the remaining vacant space. The
applicant was not aware of the retail
limitation on the property and is
requesting that the condition be
modified to allow 49.9 % of the
building space to be allowed to be
used as commercial office
(Attachment B, Request Letter &
_ _ _ the City Council has previously
allowed less than 100% retail uses at other mixed-use developments such as Villagio (at
De Anza Boulevard and Town Center Lane) and the Monica Sun Villas mixed-use
project (at Stevens Creek Boulevard and Bret Avenue).
DISCUSSION:
Intent of the Original Council Condition
The Council originally approved the mixed-use project with the retail use only
restriction for the following reasons (Attaclunent C, City Council minutes dated
November 16, 2004, January 4, 2005 & March 1, 2005):
2
~~-I~
M-2009-07 (Catherine Chen)
October 6, 2009
The former land use was a restaurant and the proposed land use was
predominantly residential
The desire to produce sales tax-generating land uses
The presence ofpedestrian-oriented retail/restaurant uses along the street
Similar use restrictions have been implemented in other projects in the City, such as:
• Verona (corner of Stevens Creek Blvd. and De Anza Blvd.)
• Villagio (De A.nza Blvd. and Town Center Ln.)
• Metropolitan (Stevens Creek Blvd., close to Finch Ave.)
• Rosebowl
• Travigne Villas (Stevens Creek Blvd. and Blaney Avenue)
General Commercial vs. Retail
The applicant requests modifications to her Use Permit to remove the retail only
restriction and allow approximately half of the building to be used for "commercial
offices." In the City's General Commercial (CG) Zoning District there is a use category
(CMC 19.56.030(D)) that is commonly described as "commercial offices." It includes:
"banks, financial institutions, insurance and real estate agencies, travel agencies,
photography, and similar studios which directly serve the public." There are many
other uses allowed in the General Commercial Zoning District. A summary list of the
non-retail uses allowed in the General Commercial Zoning Ordinance can be found in
September 8, 2009 Planning Commission staff report (Attachment D).
The City has in the past lessened retail use restrictions for mixed-use projects. 1111998,
the City Council approved'the Monica Sun Villas mixed-use project at Stevens Creek
Boulevard and Bret Avenue, which allowed General Commercial zoning uses in the
commercial space (Attachment E , 12-U-97 conditions). Later a Use Permit Modification
was granted by the Planning Commission in 2002, allowing a dental office to occupy
45% of the commercial space that was previously restricted to 25% professional office
(Attachment F, M-2002-02 conditions).
In 2006, the City Council permitted Villagio to lower their 100% retail/restaurant
restriction to 50% (Attachment G, M-2006-03 conditions). Further, the Council allowed
vocational and specialized schools in Villagio with up to 50% occupancy of the Town
Center Lane frontage (excluding the buildu1g corner locations) in 2009 (Attachment H,
M-2009-01 conditions).
Planning Commission
The Planning Commission considered the request on September 8, 2009 (Attachments D
& I, Planning Commission staff report and draft meeting minutes). Comments
expressed by the Commissioners are summarized as follows:
• Empty tenant spaces do not benefit the City. Such spaces could fill up with retail
uses when the economy is stronger
3
p-~-~o
M-2009-07 (Catherine Chen)
October 6, 2009
• The City has been flexible in the past about allowing non-retail uses in mixed use
projects
• Forcing retail in small commercial centers is not working whether the economy is
good or bad
• The City's long term goal to encourage retail along streets is understandable, but
landlords need to be given more flexibility with leasing their spaces
• The City should require recorded covenants on the property notifying property
buyers to check with the City on allowed land uses in planned development
zones
The Commission recommends (on a 4-1 vote, Lee nay) that the Council approve the Use
Permit Modification, removing the retail-only land use restriction, and allowing
General Commercial zoning uses (as defiled and limited u1 the CG Zoning Ordinance)
for the entire commercial building with the following added condition:
~ A covenant shall be recorded on the property stating that the property is
under a Cupertino Planned Development Zoning. The property owner and
future successor shall check with the City to find out the specific restrictions
under the Planned Development Zone and related permits.
Public Comments
'Three members of the public spoke i1 support of the applicant's request to modify the
use permit and enable her to move her ilsurance business to the project location. The
applicant also received five letters supporting her request (Attachment J, Public
Comment Letters).
COUNCIL OPTIONS
The City Council has the following options in considering this project:
1. Approve the modification request and allow General Commercial (CG) uses in the
commercial building area without specific limitations per Planning Commission
resolution no. 6563; or
2. Approve the modification request and allow General Commercial zoning uses with
limitations. The applicant has requested that about 50% of the buildu1g space be
allowed for "Commercial Office" uses; or
3. Deny the modification request, which would retain the requirement for 100% retail
use.
Prepared by: Colin Jung, Senior Planner
Reviewed by: Gary Chao, City Planner
4
p-2-~ I
M-2009-07 (Catherine Chen)
October 6, 2009
Submitted by:
~~
Aarti Shrivastava
Director of Community Development
Approved by:
David W. Knapp
City Manager
Attachments:
Planning Commission Resolution No. 6563
Attachment A: March 3, 2005 City Council Action Letter (with conditions of approval)
Attachment B: Proposal Letter from Applicant and Modification of Request from Applicant's Potverpoint
Presentation Slide.
Attachment C: November 16, 2004, January 4, 2005 & March 1, 2005 City Council meeting minutes
Attachment D: Planning Commission staff report dated September 8, 2009 (no attachments)
Attachment E: Conditions of Approval Letter, file no. 12-U-97
Attachment F: Planning Commssion Resolution No. 6135 -Conditions of Approval, file no. M-2002-02
Attachment G: Conditions of Approval Letter, file no. M-2006-03
Attaclvnent H: Conditions of Approval Letter, file no. M-2009-O1
Attachment I: Planning Commission Draft Meeting Minutes dated September 8, 2009
Attachment J: Public Comment Letters
G:planning/PDreport/CC /2009/M-2009-07 CC.doc
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