Director's Report OFFICE OF COMMUNITY DEVELOPMENT
.��
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O ( 408) 777-3308 • FAX (408) 777-3333 • planningC�cupertino.or�
Subject: Report of the Community Development Director ,�
Planning Commission Agenda Date: Tuesday, March 22, 2011
The City Council met on March 1, 2011 and discussed the following item(s) of interest to
the Planning Commission:
1. Parking Ordinance - City Council reviewed Planning Commissiori s recommendations
and conducted the first reading with the following exceptions:
(1) remove the word aircraft and its definition;
(2) amend section 19.100.030(a) (d), first two sentences, to read as follows: all vehicles
must be parked on a permanent impervious or semi-pervious surface. Semi-pervious
surfaces include unit pavers, turf block, brick, cobbles, pavers, gravel, or other like
materials, and must allow for partial infiltration of water and must prevent direct contact
with soil.
The City Council met on March 15, 2011 and discussed the following item(s) of interest to
the Planning Commission:
1. 2nd Reading of Parking Ordinance - City Council conducted the second reading and
enacted the amendments to the parking ordinance. The ordinance amendments go into
effect on Apri115, 2011.
Miscellaneous Items:
1. Update on Green Building Ordinance - On March 4, 2011, staff presented a table outlining
the policy progression of the draft Green Building Ordinance requirements (see attached
table) to the Cupertino Chamber of Commerce's Legislative Action Committee (LAC),
including the most recent updates based on the February 1, 2011 City Council meeting.
The LAC commended staff for their hard work on the draft ordinance, and provided
additional suggestions from the business and development community to reflect
development challenges, and to achieve parity with neighboring communities. Staff is
continuing to work on the draft ordinance and will bring it back to the Council for review
in May 2011.
Upcoming Dates:
Apri130 Opening Ceremony Toyokawa Sister City •Cherry Blossom Festival, 12 noon,
Memorial Park Amphitheater stage
June 1 CREST Awards Ceremony, Community Hall, 7 to 9 p.m.
� Enclosures:
News Articles
G: � Planning, AartiS \ Director's Report � pd3-22-ll.doc
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Call goes out to T-Mobile, city to find another spot for cell phone
tower
By Brian Babcock .
bbabcock@community-newspaoers.com
Posted: 03/14/2011 07:33:46 PM PDT
Parents of schoolchildren attending Redwood Middle School and Sacred Heart School have expressed
concern about a proposed T-Mobile cell phone tower at the city of Saratoga's corporate yard. In an
ironic twist, the site was chosen to replace the same project at St. Andrew's Episcopal Church after
parents voiced similar concerns about their children's health.
The proposed facility would replace a current lighting structure with a 92-foot-tall light pole. Six
wireless antennas would be attached to the pole, which would �allow for antennas from other wireless
phone companies.
Saratogan Dory Albert has a child attending Redwood Middle School. She, along with a few other
parents, have voiced their concerns to the community development department at Saratoga City
Hall and to T-Mobile.
Albert said that the group has a petition with about 50 signatures from residents asking the city to
deny the project. Along with the health concerns, Albert says the pole is far too tall for the planning
commission to approve.
"We can't even put up a second-story house around here without an uproar. So how could they
approve a 92-foot pole?" Albert said.
The commission is expected to vote on the project on April 27. Planning commissioners have stated
in the past that their hands are tied because the Federal Communications Commission does not
allow cities to disapprove of a project for health reasons. The planning commission can review only
the design of a project.
T-Mobile will host a community meeting to allow public input on April 5, 7 p.m., in the multi-purpose
room at the Joan Pisani Community Center, 19655 Allendale Ave.
T-Mobile has also set up a website for Saratogans to express their feelings about the project. There
have been both positive and negative comments.
"My child attends Sacred Heart School, and the proposed site for the tower is too close to the
school," one e-mail reads. "I am not comfortable with elementary schoolchildren spending over
seven hours a day, every school day, so close to a tower. Please find another location."
Parents question the amount of radiation their children would be exposed to.
But T-Mobile representatives said that the company stays below the Federal Communications
Commission's mandated exposure limit.
"T-Mobile completed the necessary due diligence and located a site that fills a gap in coverage. It is
important to understand that a site must work from a radio engineering perspective, as well as
leasing, zoning, land use and construction perspectives," wrote spokesperson Rod De La Rosa in an
e-mail.
"T-Mobile understands that some residents may have questions about the health and safety of
wireless infrastructure," De La Rosa added. "We live in a wireless world now and daily we use
devices that rely on radio frequency energy, such as baby monitors and home Wi-Fi routers. It is T-
Mobile's policy to follow all city, state and federal guidelines."
Saratogans can e-mail T-Mobile by visiting http://t-mobile-takeaction.com/saratoga.html
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Cupertino updates parking ordinance, makes clear rules for
heavy equipment
By Matt Wilson
mwilsonC�communitv-newspaoers.com
Posted: 03/10/2011 08:04:00 PM PST
The city of Cupertino has updated its parking ordinance with new and clearer rules for the storage
and parking of heavy equipment and non-operational vehicles. The council voted 4-0 March 1 on the
changes with councilwoman Kris Wang absent.
The changes allow heavy equipment and farm equipment to be stored in all zoning areas so long as
the items are stored within entirely enclosed structures or behind 6-foot-high fencing in interior side
and rear yard areas. Heavy equipment may be stored on site only temporarily for construction or
installation of improvements with a valid building or grading permit.
The city defines heavy equipment as any mechanical or motorized device that is not a personal or
commercial vehicle, such as a backhoe, cement mixer, crane, ditch witch, dozer, earth mover,
generator, grader, tractor or similar farm equipment.
The changes come in response to frequent calls to city hall and the code enforcement office from
residents about unsightly uehicles and equipment in their neighborhood.
City staff had initially recommended to the council that the term "aircraft" be included in the updated
ordinance and that an updated definition for aircraft be included. However, due to the limited
number of known aircraft in the city and few reported complaints about stored aircraft, the council
elected not to include the definition in the updated ordinance.
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Cupertino CERT training gets residents ready for natural
disasters
By Matt Wilson
mwilson@community-newspapers.com
Posted: 03/10/2011 08:03:48 PM PST
The recent 6.3-magnitude earthquake in Christchurch, New Zealand, that left more than 160 dead is
a reminder that nobody is safe from the effects of a devastating earthquake or natural disaster. It
was also a reminder of the importance of being prepared and having a legion of volunteers on hand
when disaster strikes.
The city of Cupertino's office of emergency services offers free training for residents to be part of the
city's Community Emergency Response Team. Classes will be held March 10, 17, 24, 31 and April 7.
Cupertino CERT is part of a nationwide program for disaster preparedness sponsored by the Federal
Emergency Management Agency and California Service Corps. The city and the Santa Clara County
Fire Department offer CERT training for free to Cupertino residents and for $35 to non-residents.
Residents can participate in sessions that run from 9 a.m. to noon or from 6:30 to 9:30 p.m. If an
attendee has a scheduling conflict for any of the meetings, he or she can make up the missed
meeting in one of the other sessions. As long as attendees complete five three-hour classes, they
can qualify for CERT graduation.
Topics of stud�r in the training include disaster medicine, light search and rescue, psychological first
aid, fire safety and radio communications. The training also includes lessons in personal
preparedness, utility shut-off, damage assessment, patient triage, disaster fire suppression, fire
extinguisher training, hazardous materials and terrorism awareness.
A graduation exercise is scheduled for April 9 from 9 a.m. to 1 p.m. The final exercise is a hands-on
disaster simulation complete with smoke, fire and simulated injuries.
Training for young residents
The city is also offering Kaleidoscope Public Safety Training seminars for younger residents in grades
6-12.
Classes will be April 18-22 from 9 a.m. to 1 p.m. Topics include CPR, first aid, fire safety,
earthquake preparedness and law enforcement. Attendees will also receive a tour of the county
communications facility in San ]ose. The cost is $65 for residents and $75 for non-residents.
To register for CERT or Kaleidoscope training or other classes, visit www.cu�ertino.org/emerqency or
contact the Cupertino Parks and Recreation
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Coffee Society can once again call Cupertino Library home
By Matt Wilson
mwilson@communitv-newspapers.com
Posted: 03/02/2011 03:09:45 PM PST
Coffee Society can finally call the Cupertino Library its permanent home again. The Cupertino City
Council voted 4-0 Tuesday night to give its city manager the go-ahead to officially sign a lease with
the small coffee shop two months after the council surprisingly rejected a lease that had already
been signed by Coffee Society ownership. Councilwoman Kris Wang was absent from the meeting.
The lease begins immediately and will last for one year with the option granted to the coffee shop to
extend this initial term with two additional one-year periods. Base rent for the first year is $1,000
per month, followed by $1,050 per month for the second year and $1,100 per month for the third
year. The lease also has a provision that allows the business to be sold at any time and the lease
assigned would transfer to the new tenant.
Controversy surrounding the Coffee Society began brewing Jan. 4 when the council voted 3-2 to not
go forward with the lease agreement, citing concerns with how city staff handled a bidding process
to lure other potential tenants to the small 500-square-foot shop at 10800 Torre Ave.
Mayor Gilbert Wong, Councilman Barry Chang and Wang voted to reject a proposed lease agreement
between the city and the coffee shop. The council also voted to reopen a bidding process to find
other possible tenants. The three dissenting council members said they were concerned that another
potential applicant was not thoroughly notified and assisted through the bidding process.
In November, after numerous closed-door meetings that spanned 2010, the council instructed city
staff to enter into negotiations with the Coffee Society. The council agreed to terms in a closed
session on Nov. 29 and a lease was prepared and provided to owner Jackie Streeter, who signed the
lease. Subsequently, giving city manager David Knapp permission to sign the city's portion of the
lease appeared to be a mere formality for the council on Jan. 4.
However, some council members felt that the owners of L'Epi D'Or Bakery on Stevens Creek
Boulevard were not helped enough by city staff during the request for proposals process. The bakery
reportedly missed the deadline to apply for the bidding process and was unable to compete for the
space along with Coffee Society, Bonjour Crepes and San Jose-based Sanghee Lee.
Wang was critical of city staff and felt that there was some kind of miscommunication along the lines
and even insinuated that staff was not being entirely truthful about how the process with the bakery
was handled.
City staff took the criticism seriously. Knapp initiated a review of how staff handled the process,
which was conducted by a private third-party firm later that month. It was found that staff did not
act improperly during the bidding process.
"There was a little bit of misunderstanding on our part, but we wanted to make sure the process was
done fairly," Wong said at the Tuesday council meeting. "As we reissue the bid to them, we are very
happy to have Coffee Society in our community. We welcome them and we look forward to moving
forward from here."
The council's decision to deny the lease proved very unpopular. The Cupertino business community
held a small rally Jan. 18 outside Coffee Society. Members of the Cupertino Chamber of Commerce
and local residents stood outside coffee shop before filing into Cupertino Community Hall for public
comment at a city council meeting.
The coffee shop had been operating on a month-to-month lease since November 2009. Streeter and
her. family got into coffee business after she retired from a career at Apple, taking over the business
from longtime owner Ralph Flynn in late 2005.
Coffee Society currently provides coffee and tea for residents at city council meetings.
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, Cupertino rejects neighbors' request for reconsideration of cell
site decision in Monta Vista area
By Matt Wilson
mwilsonC�community-newspape'rs.com
Posted: 02/24/2011 08:05:57 PM PST
After four public hearings that featured appeals, continuations and finally a request for
reconsideration, a new wireless facility in the western part of Cupertino could soon give improved
cell coverage to residents in the Monta Vista neighborhood.
The Cupertino City Council on Feb. 15 voted 4-1 to deny a petition for reconsideration regarding a
January decision to allow AT&T to construct a personal wireless service facility at the Results Way
office park near the corner of Bubb and McClellan roads. Councilman Barry Chang sympathized with
the petitioners and residents and cast the lone dissenting vote.
The reconsideration marked the fourth such hearing on a project that has been more than five years
in the making. The planning commission approved the project Sept. 14 on a 4-1 vote. Its decision
was appealed by three residents on Sept. 28 citing health and aesthetic concerns. On Jan. 4, the
council rejected the residents' appeal.
The approved permit allows 12 panel antennas to be mounted on a 74 foot tall monopine. The
devices will be hidden within a fake tree, which will be blended into the technology campus'
landscape. The facility will be located off the Results Way driveway entry behind two buildings near
its entrance.
The bar for the council to overturn a decision through reconsideration is very high, council members
said. In order for a reconsideration to be effective, the appeal must offer new relevant evidence that
could not have been produced or was excluded at any earlier city hearing. Appellants must also
bring to light facts that show the council failed to provide a fair hearing or abused its discretion.
Colin Jung, city planner, told the council that three out of the four claims by the appellant did not
bear any relationship to the reconsideration criteria.
The petitioners demanded more aesthetic screening for the monopine and for the applicants to pay
for additional irrigation, trees and fencing related to the visual screening of the wireless facility. City
staff states in a staff report that the council already included six more conditions pertaining to
landscaping to the original decision. Nearby townhome owners will also informally review
landscaping plans when they are submitted by the applicant.
The petitioners also asked for more time so that the applicant could look at an alternative location
along Bubb Road. City staff countered that the applicant had already evaluated the suggested site
and discounted the location due to a lack of space and its proximity to a freeway where AT&T
already has coverage. The petitioners finally urged the applicants to revisit entering a lease
agreement with the Fremont Union High School District to place the cell site at Monta Vista High
School.
The city has very little authority over such devices and is usually limited to some say on device
aesthetics. Federal law prohibits cities from making wireless facility decisions based on the
environmental effects of radio frequency emissions that already meet federal standards.
Peter Friedland from the city's Technology, Information and Communication Commission said at a
Nov. 1 meeting on the AT&T application that 65 percent of residents thought �cell coverage was
inadequate, according to a 2007 commission survey. Bubb Road, McClellan Road, Foothill Boulevard
and near the main Apple Inc. campus were areas of town regarded as having the poorest cell
coverage.
AT&T representatives said at the Jan. 4 meeting that the application for the facility came as a result
of increased customer demand in the Monta Vista area. Boosting coverage for all cellular carriers in
Cupertino has been a city priority the last few years. In 2009, the city updated the wireless
communications facilities ordinance.
For more information about the city's wireless communications facilities ordinance and other wireless
issues, visit www.cupertino.org/wireless.
Page 1 of 1
Cupertino commits RDA funds to Vallco street
improvements
By Matt Wilson
mwilson@community-newspapers.com
San Jos� Mercury News
Posted:02/24/�011 OS:d6:Q1 PM PST
The city of Cupertino is planning for life without a redevelopment agency. The city's RDA and city council took action Feb.
15 to put their RDA to good use before it is potentially suspended later this year. The pair executed a loan and repayment
agreement that allows the RDA to receive $1.25 million in property taxes.
Gov. Jerry Brown proposed in January a freeze of more than 400 redevelopment agencies throughout California to help
close the state's ballooning deficits. The city quickly took action and its RDA is looking to help with street improvements
near Vallco Shopping Mall and partner with the Housing Trust of Santa Clara County on local housing needs.
The city's RDA finances public improvements and administrative programs in the Vallco part of town. The implementation
plan includes public infrastructure improvements such as construction and installation of street modifications, access
ramps, drainage facilities and street trees in the Vallco project area. The city manager will now negotiate and execute an
agreement with Vallco Shopping Mall to provide for the construction of street improvements near Vallco.
The city is hoping that financing these improvements could be a catalyst for development in the area. There will be
reimbursement for the public street improvements by the redevelopment agency upon successful completion of those
improvements by Vallco and the installation of storm sewer trash capture devices.
The city had already entered into an improvement agreement with Vallco in November 2006. However, improvements at
Vallco Shopping Mall have been stalled for years with the construction of those infrastructure improvements due mostly to
the ongoing recession.
There is also an agreement among the Housing Trust of Santa Clara County, the city and the city RDA for the use of
housing funds. The agreement is for $1 million from funds set aside for housing. To date, the RDA has not allocated any
funding for affordable housing projects. The RDA would reimburse the city for any advancement of funds.
Over the past 10 years, the city of Cupertino has granted the Housing Trust $350,000. Since 2001, the Housing Trust has
invested $38 million and leveraged more than $1 billion in Santa Clara County housing projects and programs, city staff
states in a report.
City staff believe that investing the $1 million with the Housing Trust would help provide Cupertino residents with affordable
housing and would also leverage additional funds that could be spent in the community.
The RDA's base year was in 2000, and its $1.8 million budget is quite modest in comparison to other cities.
"This is a very small redevelopment agency. It is not that the $300 million a year kind of operation that you have in San
Jose," said city manager Dave Knapp at the Feb. 15 meeting.
Mayor Gilbert Wong said at the meeting that freezing the redevelopment agency is likely the state's response to the recent
passage of Proposition 22, which protects funds of local jurisdictions from state raids.
Wong said he thinks taking the RDA money from cities in California is a"slap to the cities" for asking the state to please
stop taking their money. "The $1.8 million may not seem like much, but to us it's a lot of money. We want to make sure the
residents see that money used for the residents of Cupertino," Wong said.
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Developer eyes parking lot near Vallco � Silicon Valley / San Jose Business Journal Page 1 of 2
From the Sflicon Valley I San Jose Business Joumal:
http://www. bizjo urna Is.com/san joselnewsl2011102/21 /d eveloper-eyes-parki ng-lot-near-val I co.htm I
Developer eyes parking lot near Vallco
Silicon Valley / San ]ose Business ]oumal - by Eli Segall
Date: Monday, February 21, 2011, 8:39am PST
Related:
Commercial Real Estate
Bay Area developer Peter Pau is in the process of buying a 5-acre parking lot near Vallco
Shopping Mall, in a deal that could bring more shoppers and tenants to a struggling retail
hub.
Pau has built office buiidings and shopping centers throughout the region, but iYs unclear
what he would build on the triangular-shaped lot off North Wolfe Road in Cupertino. In
addition, there are questions surrounding ownership of the properry and Pau said he is
willing to wait until they are resolved. .
The parking lot, which had a price tag of $6.7 million, is located just north of Macy's. Pau,
the principal of San Mateo-based Sand Hill Property Co., confirmed that he is in escrow to
buy it, though he would not disclose the purchase price.
The parcel has been up for sale since at least November and drew wide interest. The
seller, Pasadena-based East West Bank, foreclosed on the property in January 2010
after a previous owner, Vallco Intemational Shopping Center LLC, defaulted on a$15
million loan, according to Santa Clara County records.
The loan �nanced Valico International's acquisition of several parcels in the area and was
issued in December 2005 by San Francisco-based United Commercial Bank. State
regulators shuttered that bank roughly two years ago and East West acquired its deposits
and many of its loans.
The 5-acre parking lot had $7.4 million worth of debt at the time of its foreclosure, county
records show.
A development there could help Vallco Shopping Mall, which has 1.2 million square feet of
retail space and is 65 percent occupied. The mall has changed ownership and names
numerous times in recent years amid several attempts to lure more customers and
tenants.
Vallco General Manager Mike Rohde said the parking lot is in a"very simple location" off
the highway and a major road. He said the mali would support, for instance, a hotel or
extended-stay hotel, which passers-by could easily locate.
"You don't want to be hunting for a hotel when you're trying to find one," he said.
The parking lot is zoned for commercial uses, but previous project plans called for 140
units of residentiai condominiums. Cupertino voters rejected that proposal in a 2006 baliot
initiative.
In addition, any project would come after two nearby, building-boom era developments
came to a halt.
Construction stopped roughly a year ago on a project known as the "Rose Bowl," located
on Valico Parkway between Wolfe and Perimeter roads. The 7.5-acre site was slated to
have 204 residential condos and roughly 60,000 square feet of ground-floor retail, but so
far the foundation is not yet completed.
Dean Zan, property manager for the project's developer, Cupertino-based KCR
Development Inc., attributed the stoppage to the weak housing market. He said there is
no confirmed date to resume work.
Meanwhile, nothing has been built yet at "Main Street Cupertino," a 17.4-acre planned
development on Stevens Creek Boulevard between Finch and Tantau avenues. Pau's Sand
Hill Properly is the developer of the project and plans include 130,000 square feet of retail
and a hotel with up to 250 rooms.
http://www.bizjournals.com/sanj ose/news/2011 /02/21 /developer-eyes-parking-lot-near-val... 2/23/2011
Developer eyes parking lot near Vallco ( Silicon Valley / San Jose Business Journal Page 2 of 2
The Cupertino City Council approved the project in January 2009.
Tangled lot
The pending sale of the 5-acre parking lot comes amid an ongoing lawsuit.
The Evershine Group, an affiliate of KCR Development, bought the parking lot and two
other nearby parcels in September 2007 for $50 million from Vallco Shopping Mall's then-
owners, Cupertino Square LLC and Vallco International Shopping Center LLC, according to
interviews and court filings.
In March 2009 Evershine sued Alan Wong and Phil Liao of Vallco Intemational and
Cupertino Square, respectively, in Santa Clara County Superior Court. In an amended
complaint, Evershine accused them of fraud and negligence, among other things, and said
they allegedly failed to deliver the grant deed for one of the parcels.
The sale of the 5-acre parking lot does not appear to be documented in the counry Clerk-
Recorder's office.
In its lawsuit, Evershine said it "suffered" about $15 million in damages and other costs,
and sought to recover unspecific amounts of money. The case is scheduled to go to trial
� this June.
Attorneys for Evershine, Wong and Liao could not immediately be reached for comment.
Pau said the title to the parking lot is "clouded" and that he only recently leamed about
the dispute. He said the sale could not be completed until those issues are resolved, and
he has not formulated any development plans.
Emily Wang, spokeswoman for East West Bank, which is trying to sell the property, could
not be reached for comment.
"This is all pretty messy," Pau said.
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Eli Segall can be reached at 408.299.1829 or esegall@bizjournals.com.
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