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Director's Report CITY OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014. DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday, Tune 22, 2007 The City Council met on Tune 19, 2007, and discussed the following items of interest to the Planning Commission: 1. Housing Mitigation Fees: The City Council approved the housing mitigation fees (see attached staff report). Commercial, Office and R&D uses are assessed a rate of $4.75 for each new net square foot of development except new buildings in the MP zone encompassing most of North Valleo and the HP buildings in South Valleo, just south of Highway 280, will pay $2.38 for each new square foot of development in recognition of their contribution to the well-being of the local economy. The Vallco Redevelopment Project Area is exempt from the fees. 2. Tree Ordinance: The Council approved the second reading of the Tree Ordinance. The new Tree Ordinance will become effective in 30 days on July 19, 2007. 3. Budget and CIP Adoption: The Council adopted the 2007/08 Budget and Capital Improvement Program. Enclosures: Staff Report Newspaper articles 1> f<.- , COMMUNITY DEVELOPMENT DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 (408) 777-3308. FAX (408) 777-3333 - AGENDA ITEM NO. _B AGENDA DATE: June 19. 2007 SUBJECT: Consider adopting a resolution (Resolution No. 07-109) approving housin!! miti!!ation fees (continued from June 5, 2007). RECOl\1MENDATION: Adopt Resolution No~ 07-109, amending the 2006-07 fee schedule as follows: Residential Fees: . Raise the residential housing in-lieu fee from $1.19 per square foot to $2.50 a square foot for projects with 2-6 units. A single-unit development would be exempt as long as it is not part of a- larger subdivision and was not created by a subdivision of property. Any single-family additions would continue to be exempt from the fees. Office/Retail/Hotel Fees: . Delete any refer~nce to exeIilpting use permits prior to 1993 contained in the Housing Mitigation ~anual. . . Assess the mitigation fee against office, industrial, hotel, retail and research and development projects. . Assess a reduced fee of $2.38 per square foot in the P(MP)(planned Industrial Zone), which is limited to existing office and research and development areas located in north VaIlco and a portion of south Valleo just south of Interstate 280, to. encourage the expansion of the corporate headquarters of driving industry leaders. . Issue credit for any office, retail, hotel building that is currently on the ground. The credit issued will be directly tied to the demolition permit. If the property owner agrees, the square footage shown on the most recent building permit(s) will be used to determine the existing building area. If the owner does not agree, he/she will have the option of retaining a surveyor to certify the square footage. A letter with the stamp of a surveyor will need to be submitted to the building department with the demolition permit. The surveyor certification is to ensure that the credit is certified/agreed to via an independent third party. The credit shall remain in place for two years with an automatic one-year renewal.upon receipt of a written request for extension. 8 - 1 D te...- ;J. Consider the 2007-08 Fee Scbedule: : a) Review and approve boom!! minntion fees (continued from March 6) Apn13,2007 Pa.&e 2 of 3 which is rounded down to three units. In both cases, the developer will net 20 market rate units, .. but in the latter example, the developer woWd only be required to construct three HMR units as opposed to the four. " Staff reviewed tentative map applications from 2000 through "the present to smdy how many subrlivisions .have proposed a number of units that would allow for rounding down. Of the 60 applications, eight applications proposed a number of parcels, which could be rounded down. Of these eight applications, site consf!aints wer~ the ~eason five of the developers proposed fewer units. The remaining three developments were S"aro.n Gardens, Toll Brothers and a new 21-unit development on Stelling Road. After the aruuysis, staff believeS that With the exception of the Toll Brothers development, site constraints and density and not avoiding the B~ pr,?gram are the drivii1g forces behind the developer proposing fewe~ units oil sites. Attached is information provided by the City's consultant Keyser Marston and Associates on how to apply a fractional fee for Council r~view. At this time, Staff does not recommend: charging a fee for fractional. units since it will increase ~dministration costs for theprogtam with limited projected income. Staff does believe the bigger" issue would be developers that propose a unit count just under the requirement to build a BMR :unit although this has only occuired in three cases. Examples of a sliding scale approach to the residential fee are included for review as well. The sliding scale would need to be amended to reflect Cupertino land prices. and construction costs. Keyser Marston and Associates is -still working on determining those costs, but a conservative maiimum fee would be the $49 per square foot for condominiums. Small lot single-family homes actually generate a higher fee" beCause of the land cost associated with less dense development. Staff recommends that if the City Council chooses the sliding sc~e approach, the $49 per square foot fee be adopted as the maximum since it is a conservative figure. FISCAL IMPACT . . Housing mitigation"fee revenues are dependent on the mix and volume of projects, but the near doubling of the fee rates and expansion of fee basis should double the revenues per project. Nearly $344,000 was collected last year. With the new R~gional Housing. Needs Allocation (RHNA) requiring cities with lower concentrations of low and very low income to show they can provide a greater percentage of housing for these income leve~s. Consequently, the City of Cupertino will need greater resources to address' affordabl~ housing needs for the low and'very- low. income. The Housing Mitigation fees are the City of Cupertino's primary resource for affordable housing development. . RECOMMENDATION: " Adopt a resolution amending the 2006-07 City fee sc:Q.edule as follows: . As described in previously adopted Resolution 06-045, replace the current $2.32 per square fo~t office/industrial/research and development housing mitigation in-lieu fee with a new $4.75 per square foot housing mitigation in-lieu charge for office, industrial, hotel, retail; and research and development projects. Whi~e redevelopment area projects and 8-7 D.e... 5 Exhibit A. Overview of Fractional Fee Calculations City of Cupertino Below Market Rate Housing Program Many jurisdictions with below market rate housing programs i1iclude provisions for in- lieu fees for fractional uhits owed. BelQw, we outline a typical, and straightforward, methodology for calculating the amount of the fractional fee. In summary, the'fractional fee equals the fractional unit owed times the average affordability gap (the forego'ne revenue to the developer associated, with one affordable unit). ' , Fractional Unit Calculation. Cupertino's Below Market Rate Housing Program requires that 15% of new units be set aside for affordable housing, half for moderate income households' and half f.or median income households. We assume that the first affordable unit owed is set aside for median, the second unit for moderate, the third' for median and so forth. Table, 1 illustrates the application of this requirement to projects of between seven and forty units. For example, ~ project with seven units owes 1.05 , affordable units (7*15% = 1.05). The developer would provide one median unit onsite and pay a fee on the remaining 0.05 units. A project with thirty-five units owes 5.25 affordable units (35*15% = 5.25). The developer would provide five affordable units (three median and two 'moderate) and pay a fee on the rem~ining 0.25 units. Average Affordability" Gap. The affordability gap js the difference between the market rate sales price and the restrtcted affordable sales price. Because Cupertino's program -requires 50% of units to be set aside at moderate income and 50% at median income, we use,d the average of the two affordability gaps (see Table 2). This equals $458,000 per affordable unit owed. ' Fractional Fee Calculation. The fraCtional fees are calculated by multiplying the fractional unit owed by $458,000. For example, the seven unit proj~ct would pay a fee equal to 0.05*$458,000, or $22,900. the t~irty:'five unit project would pay a fee equal to 0.25 * $458,000, or $114,500. . Other Methodologies. This is just one methodology for calculating the fractional fee~ It ha~ the benefit of being straightforward and easy to update. However, there are other ways to calculate the fee. Many ,cities adapt their in-lieu fee for fractional fee purposes. For example, if a city has an in-lieu fee of $20'per square foot, the fractional fee could. be calculated by multiplying the average uriit size times $20 times the fractional unit. This approach has the benefit of being consistent with the calculation of the in-lieu fee and does not involve calculating l'Jew affordability gaps except as part of an in-lieu fee update. Rounding Policy. The structure of the fractional fee provision is related to the rounding : policy. Cupertino, along with many other Qities, requires developers to round up if the fraction is 0.5 or greater. Other cities require rounding up at 0.7 or greater, and allow a fee for anything below 0.7. Still other programs allow the developer to pay an in-lieu fee for a fractional unit regardless of the fraction; in other words, the developer never has to round up. In.this discussion, we assume that Cupertino continues to require that developers round up fractions of 0.5 or greater; Keyser Marston Associates, Inc. fractional fee. doc 312912007 8~9 Dr<, to Tal?le 2 . Fractional Units Fee Calculation In-Lieu Fee Analysis City of Cupertino If the number of required units results in a fraction of less t~an 0.5, the developer has the option of paying a fee in-lieu of providing an additional affordable .unit. Fractional Fee = Average AffordabiJity Gap * The Fraction of the Unit. Affordability Gaps Moderate Units (120% AMI) $403,000 Median Units (90% AMI) $513,000 Average Affordabil.ity Gap $458,000 Sampie Calculations Average Fractional Affordab i1ity Unit Owed Gap Fee Owed 0.05 1 $22,900 0.10 $45,8-00 0.15 $68,700 0.20 $458,000 $91,600 0.25 1 $114,500 0.30 $137,400 0.35 $160,300 0.40 $183,200 0.45 $206,100 Prepared by: Keyser Marston Associates, Inc. File Name: ownershlp.xls;Fractional Units;3/29/2007;hgr 8 - 11 'D re --:1 RESOLUTION NO. 07-109 M J..t.t DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING BELOW MARKET RATE HOUSING PROGRAl\1l\lITIGATION FEES WHEREAS, the City has conducted a Jobs Housing Nexus Study in 1992; and WHEREAS, the Housing Element of the 2005 General Plan states that an updated Jobs Housing Nexus Study shall be conducted; and \VHEREAS, Keyser Marston and Associates conducted a "Jobs Housing Nexus Update" pursuant to the State Mitigation Fee Act (Government Code Section 66000, et seq.); and WHEREAS, the "Jobs Housing Nexus Update" foilnd a nexus between the creation of jobs in new retail, hotel and office/industrial development and the resultant demand for very-low, low, median and moderate income housing forthe employees; and WHEREAS, a fee can legally be assessed on said development and said fee will be used solely to increase and improve the supply of affordable housing serving very-low, low, median and moderate income households; and WHE~AS, the P(MP) zoning district is the primary location of several major computer companies and adjacent to the City's only regional mall located in the Valleo Redevelopment Project Area; and \VHEREAS, the City wants to encourage the expansion "'Of the corporate headquarters of these driving industry leaders and encourage the redevelopment of the regional mall; and WHEREAS, the P(MP) zoning district together with the adjacent Valleo Redevelopment Project area creates a core cOlmnercial district contributing to Cupertino's economic well-being through significant tax dollars and image enhancement; and WHEREAS, a fee reduction would provide a monetary incentive to develop in the P(MP) district and the Valleo Redevelopment Project area; and WHEREAS, the City wishes to encourage mixed use development along the major corridors NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino adopts a fee of $2.38 for office and research and development projects in the P(MP) zone which recognizes the contributions of these companies and that a $4.75 a square foot will be assessed on any new office, retail, and hotel development applications in other zoning districts. Both fees shall be adjusted arulUally based on the Consumer Price Index. NOW, THEREFORE, BE IT FURTHER . RESOLVED that the following uses shall be exempt from the impact fee: projects in a redevelopment project area and mixed use projects providing two thirds residential and one third retaiVoffice, which recognizes that said projects are required to include Below Market Rate (BMR) housing within the development. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council directs staff to prepare an Affordable Housing Program Ordinance detailing the housing impact fees. D.e - '1 Cupertino Chamber of Commerce Your Partner in Silicon Valley June 18, 2007 Mr. Steve Piasecki Director of Community Development City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Dear Mr. Piasecki: This letter is an agreement with the staff recommendation regarding the City of Cupertino's proposed Below Market Rate Housing (BMR) fee increase. On behalf of the Cupertino Chamber of Commerce, I would like to thank you for meeting with Chamber representatives, as well as resolving our concerns and working to obtain answers to the Chambers questions regarding the BMR program. As requested by the City Council, this document represents the Chamber of Commerce's response to the BMR fee increase. The following items have been discussed in detail and both parties agree that the following is the best solution for all concerned. 1. Any reference to exempting use permits prior to 1993 will be removed from the manual. 2. An assessment of $4.75 per square food mitigation fee against office, industrial, research and development projects and the newly included hotel and retail. 3. Assess a reduced fee of $2.38 per square foot in the Planned Industrial Zone, limited to existing office and research and development in the north Vallco and a section of south Va1lco south of280, this would be to encourage any expansion of any corporate headquarters of driving industry leaders. 4. Credit will be issued for any office, retail and hotel building that is currently on the ground. The credit issued will be directly tied to the demolition permit. The property owner agrees the square footage shown on the most recent building permit(s) will prevail. If the owner does not agree, he/she will need to pay a surveyor to certify the square footage. A letter with the stamp of a surveyor will need to be submitted to the building department with the demolition permit. The surveyor certification is to ensure that the credit is certified / agreed to via an independent third party. The credit will remain in place for two (2) years with an automatic one (1) year extension. Should no action be taken after this three (3) year period the credit will no longer be valid and mitigation fees will be assessed against the entire square footage of the new building. 5. Redevelopment area projects and mixed use projects that are at least two-thirds residential and one-third retaiVoffice will be exempt from the fee, as these projects would be required to include Below Market Rate (BMR) housing in the development. 6. Fees to be adjusted based on the Consumer Price Index 20455 Silverado Avenue, Cupertino, CA 95014 * 408-252-7054 * www.cupertino-chamber.org t>1~> 10 Additionally the City is seeking to raise the residential housing in-lieu fee from $1.19 per square foot to either a sliding scale with the fee for a six unit development being set at a maximum of $49 per square foot with an exemption for existing single family parcels or set a fee of $2.50 per square foot for developments of six units or less as recommended by the Cupertino Housing Commission. After much discussion we agree that the best resolution for this issue is to raise the residential housing in-lieu fee from $1.19 per square foot to $2.50 per square foot for projects with 2 - 6 units. All single units being exempt if they are not part of a larger subdivision, and not created by a subdivision of property. Any single family additions would be exempt as is currently the practice We would like to thank the city staff for all their time and commitment, and hope that the city council will take into consideration the above recommendations. Very truly yours, Scott Stauffer President, Cupertino Chamber of Commerce ~~ Christine Giusiana CEO, Cupertino Chamber of Commerce cc.: Mayor Kris Wang and the Cupertino City Council 20455 Silverado Avenue, Cupertino, CA 95014 * 408-252-7054 * www.cupertino-chamber.org Dt<-ll CITY CUPEI{fINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) m-3251 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No. ~ Agenda Date: Tune 5, 2007 Application Applicant: MCA-2006-02 City of Cupertino Application Su~mary: Municipal Code Amendment of Chapter 14.18 (Heritage and Specimen Trees) RECOMMENDATION: Staff recommends that the City Council approve amendments to Chapter 14.18, based on the Model Ordinance attached as 'Exhibit A. BACKGROUND: On May 1,' 2007, the City Council conducted a public hearing to consider the draft protected trees ordinance. The Council recommended a number of amendments to the draft ordinance and continued this item to tonight's meeting to allow staff adequate tiffie to incorporate these changes. DISCUSSION: The draft Protected Trees Ordinance has been modified to incorporate the changes that the Council recommended and is attached to this report as Exhibit A. The following is a list of the changes recommended by 'Council and staff's response to these recommendations: 1. List each species of trees in the protected tree list. Section 14.18.035.(Protected Trees) has been amended to include the scientific names of the particular species of trees that are specifically listed in this section. These trees include the California Buckeye (Aescu).us californica), Big Leaf Maple (Acer macrophyllum), Deodar Cedar (Cedrus deodara), Blue Atlas Cedar (Cedrus atlantica 'Glauca'), Bay Laurel (Umbellularia californica) and otherwise known as the California Bay, Western Sycamore (Platanus racemosa)' and the "'native" oak trees. The specific species of "native" oak trees included are the Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Black Oak (Quercus kelloggji), Blue Oak (Quercus douglasii), and Interior Live Oak (Quercus wislizeni). These are the specifically identified species of oak trees that are considered "native" in the Cupertino area, according to the City Arborist. Although other species of oak trees have been recommended for the Council's consideration, the City Arborist has indicated that these trees may not be native to the Cupertino area. For example, the Canyon Live Oak and the Oregon White Oak are infrequently found in this are12 _ 1 1)Ie",,~, MCA-Z006-02 Protected Trees Ordinance, Chapter 14.18 June 5, 2007 Page 3 6. In-lieu fees must be used for tree-related purposes and shall be spent/used within five years to install trees on public property. . At the May 1st meeting, the Council felt that if would not be appropriate t!J incorporate this language into the draft ordinance, but to handle it separately as an administrative procedure that could be adopted by the Council at a later date. At such time, the Council would need to also establish an in-lieu tree replacement fee and City tree fund in which the in-lieu fees are to be deposited. The Council would also need to determine how to implement the use of the CitY tree fund (e.g., if the Public Works Department will oversee the use of the fund, or if a subcommittee is needed to establish procedures for use of the fund). Staff recommends that this procedure commence soon after the adoption of the draft ordinance. Additional Action Items As mentioned during the May 1st meeting, the Council will also need to address the following items if new fees are established. Although the establishment of these fees is not a part of the amendments included in the draft ordinance, these fees will need to be considered so that the procedures to a~opt them can commence soon after the adoption of the draft ordinance. . Lower the. tree removal permit fees to $150 for the first tree and $75 for each additional tree requested to be removed from a property and include these fees in the fee schedule. The Council requested information on the basis for these proposed fees and how they compare to cost recovery of fees based upon review of tree removals for residential vs. commercial applications. The proposed fees 'Were based upon a comparison of tree removal fees in other surrounding cities and to establish fees that 'Would be incentives to apply for tree removal permits. The existing Director's Tree Removal application fee of $819 is based upon cost recovery for a staff level review of a tree removal for simplified tree removals, such as a tree removal proposed on a single-family residential property. The existing Planning Commission Tree Removal application of $2,536 is a cost recovery fee for more complex tree removal situations, including tree removals on non-single1amily residential, commercial or industrial development sites that require multiple tree removals. . Establish a retroactive tree removal permit fee of $2,536 and include this fee in the fee schedule. . Establish a tree management plan fee of $992 and include this fee in the fee schedule. Public Comments The Council also heard from members of the public during the meeting who expressed the following concerns: · The requirement to retain rear yard trees is an invasion of property rights. Keeping track of removed trees would be difficult; therefore, the City should not allow for tree management plans or adding trees to the protected tree list. . The tree removal permit fees should be lowered to be more reasonable b~~u5S 'Dre ... r~ MCA-2006-02 Protected Trees Ordinance, Chapter 14.18 June 5, 2007 Page 4 the existing fees are too high and encourage tree removals without permits. · Tree canopies in the City should be protected. · The Silicon Valley Association of Realtors expresses concerns regarding the proposed in-lieu fees and requirement to replace dead trees. On May 3 and May 13, 2007, the City also received emails (See Exhibit B) from Deborall Jamison concerning the draft ordinance. Ms. Jamison recommends that the Council consider adding trees to the protected tree list, particularly native species. Prepared by: AId Honda Snelling, Senior Planner Approved by: Steve Piasecki Director of Community Development ~ David W. Knapp City Manager Attachments Exhibit A: Model Ordinance Exhibit B: Emails dated May 3 and May 13 from DeborallJamison Exhibit C:Minutes of May 1,2007 City Council Meeting Exhibit D: City Council Report of May 1, 2007, including all previous reports and attachments (see weblink) 12 - 4 D.e -/4 Exhibit A Pro~sed text is underlined. Deleted text is struck through . . . MODEL ORDINANCE AN ORDINANCE OF THE CITY OF CUPERTINO. AMENDING CHAPTER 14.18 OF THE CUPERTINO MUNICIPAL CODE RELATED TO PROTECTED TREES THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 14.18 of the Municipal Code of Cupertino is hereby amended to read as follows: CHAPTER 14.18: PROTECTED TREES Section 14.18.010 Purpose. 14.18.020 Definitions. 14.18.025 Actions Prohibited. 14.18.030 Retention promoted. 14.18.035 Protected trees. 14.18.040 Heritage tree t)Qesignation. 14.18.050 Heritage tree list. 14.18.060 . Plan of protection. 14.18.070 Recordation. 14.18.080 Heritage Tree Identification tag. 11 - 4 D~,t5 14.18.230 Penalty. 14.18.010 Purpose. In enacting this chapter, the City of Cupertino recognizes the substantial economic, environmental and aesthetic importance of its tree population. Protected trees are considered a valuable asset to the community. The protection of such trees in all zoning districts is intended to preserve this valuable asset. The City finds that the preservation of specimen protected -aOO heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public thereof, in order to: A. Protect property values; B. Assure the continuance of quality ~evelopment; C. Protect aesthetic and scenic beauty; D. Assist in the absorption of rain waters, thereby preventing erosion of top soil, protecting against flood hazards and the risk of landslides; E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen from carbon dioxide; F. Maintain the climatic balance (e.g., provide shade); G. Help decrease potential damage from wind velocities; H. Protect specimen and heritage 001< treeD. For the above reasons, the City finds it is in the public interest, convenieflce and necessity to enact regulations controlling the care and removal of protected specimen and heritage trees within the City in order to retain as many trees as possible, consistent with 11- 6 'Dt< ...1(0 E. "Owner" shall include the legal owner of real property within the City, and any lessee of such owner. F. "Person" shall include an individual, a firm, an association, a co~oration, a co-partnership, and the lessees, trustees, receivers, agents, servants and employees of any, such person. G. "Private property" shall include all property not owned by the City or any other public agency. H. "Public property" includes all property owned by the Ci~ or any other public agency. I. "Protected Speeimen tree" means any class of tree specified in Section 14.18.035.any of the following: 1. -'\tree deocribcd OR the table belo',,";: Mcasur-cment Single Trunk MLJlti Trunl< From Natural Diameter! Diameter'! Speoies Grade Ciroumferenoe Circumference Native Trees: Oal< trem) ~ 10" (31") 20" (82") California 4-4/2! 10" (31") . 20" (82j BLJclroye Big Leaf Maple 4-4/2! 12" (28") 25" (70") Nonnative Treeo: Deodar Cedar 4-412! 12" (28") 26" (70") 1~ - 8 1)(<...1 1 14.18.035 Protected Trees. Except as otherwise provided in Section 14.18.140, Exemptions, t~e following trees shall not be removed from private or public property ~ including street trees subject to Chapter 14.12 of ~e Cupertino Municipal Code, without first obtaining a tree removal permit: A. Heritage trees in all zoning districts. B. All trees of the following species (See Appendix B) that have a minimum single-trunk diameter of ten inches (31-inch circumference) or minimum . multi-trunk diameter of 20 inches (63-inch circumference) measured 4-1/2 feet from natural grade: 1. Quercus (native oak tree species), including: a. Quercus agrifolia (Coast Live Oak) b. Quercus lobata (Valley Oak) c. Quercus kelloggii (Black Oak) d. Quercus douglasii (Blue Oak) e. Quercus wislizeni (Interior Live Oak) 2. Aesculus californica (California Buckeye) 3. Acer macrophyllum (Big Leaf Maple) 4. Cedrus deodara (Deodar Cedar) 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar) 6. Umbellularia californica (Bay laurel or California Bay) 12110 Dt< .,. /'0 14.18.050 Heritage Tree List. A heritage tree list shall be created and amended by resolution. The list shall include the reason for designation, tree circumference, species name, common name, location and, heritage tree number. (Ord. 1543, ~ 4.3, 1991) 14.18.060 Plan of Protection. As part of a development application: A. The approval authority Planning Commiooion shall adopt conoidcr a maintenance plan of protection for protected tre~s.developed by the Community Development Department or a City retained certified arborist. The protection plan shall include information for correot pruning, maintenance and fertilization methods. It shall be the property owner's)' responsibility to protect the trees. B. It shall be the pfoperty owner's) respofloibility to protect the tFee. The plan shall be provided for hio/her UGe at hiGfher discretion in order to obtain the retention objection. BG. Privacy protection planting in R-1 zoning districts shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. Where privacy protection planting dies it must be replaced within thirty days with the location, size and species described in Ordinance No. 1799 (privacy protection) and its appendix. The affected property owner, with privacy protection planting on hislher their own lot, is flat required to maintain the required planting and shall . be required to comply with Section 14.18.070. (Ord. 1810, (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, ~~ 4.4,4.5,1991) 12912 De'/9 14.18.199 Notiee List to AeeoBlpIlB)' !1JlPlieatioB. The applioant sRall provide ':fitM the application a list of nomos of all persons owning and/or oooupying real pFOperty looated within threo hl:lndmd feet of tho pr-operty in"o~/ed in tho appliootion. 'Nhcrc a pr-operty is a multifamily s'.velling with marc than four units, tho name of the building manager will be supplies on the list. Notioe of the Planning Commiosion hearing 'Nil! be mailed to tho names on tho Hot. (Ord. 1820, (part), 1902; Ord. 1542, S4.0, 1091) 14.18.119 Appeal. An appeal of tho Planning Commission's deoision may be submitteef to the City Counoil, in caro of the City Clerl(within five \vorldng days of the deoision. No tree ohall be removod until the appeal prooess f:las boon oonoluded. (ant 1620, (part), 1902; Ord. 1672, S 4.10,1991; Ord. 1512, S4.10, 1091) 14.18.129 Permit Required for Remo"lal. Exoept as provided in Seotion 14.18.140, no person shall dircotly or indirectly romo'/e or oause to be removed any specimen or heritago tree as horein scfined, ':Jit-hin the City Iimito, without .first obtaining Q permit to do so in aocordanoe with the prooedures sot forth in this ehaptcr. (Ord. 1612, S 6.1, 1991) 14.18.130 Enforcing Authority. The Director of Community Development, or his/her authorized representative, shall be charged with the enforcement of this chapter. (Ord. 1543, ~ 6.1,1991) 14.18.140 Exemptions. The following situations do not require a tree removal permit prior to removal:This ohaptcr doeo not apply to tho folloY/ing: 11f 14 ~~0 D. Removal of any tree jf} a cle'/eloped rcsidential single family, fcsiaential duplex, agricultural fcsiaential and residential hilloide zoning eJistrict, except heritage, specimen or tFOeG planted to comply with privacy I3r-etcc-tien pursuant to Chapter 19.28 (Single Family Residential (R 1) ZOReo) mccept tAose planted on the affected property owncrs lot. DE. Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of California; as may be necessary to comply with tlJeir safety regulations, or to maintain the safe operation of their facilities. (Ord. 1835, (part); 1999; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543,97.1, 1991) 14.18.145. Tree Management Plan A tree management plan may be approved for a property that includes criteria for the removal of certain trees in the future by anticipating the eventual . . growth of trees on the property and specifying a time frame in which the trees may require removal to prevent overcrowding of trees. The property owner shall have retention information placed on the property in accordance with Section. 14.18.070, referring to the approved tree management plan. For a tree manager:nent ~Ian associ~ted with a development application, the tree management plan shall be approved in conjunction with the approval of a landscape plan on the subject property. The tree management plan shall include the fOllowing: . A. A tree plan indicating all exis.ting trees to be retained and all new trees to be planted that are part of the approved landscape plan. 1 f3- 16 Dr'< ~ ~l B. 8. Applications for protected heritage tree removal shall be referred to the Director of Community Development PlanniAg Commission for final revieW and determination apprmlOl in accordance with Sections 14.18.000, 14.18.100 and 14.18.110 Section 14.18.220 and Chapter 19.124, except for heritage tree removals and tree removals in conjunction with development applications.,:, The Director of Community Development may approve, conditionally approve, or deny the . application for a tree removal permit. A tree replacement requirement may be required in conjunction with the tree removal permit. The applicable tree removal permit fee shall apply. Requests shall be reviC'.Ncd pUFsuant to Seotion 14.18.110. C. Application for tree removals in conjunction with a development application shall be considered by the approval authority concerning the same property as the ,affected tree removal permit application, and the determination on the tree removal permit shall be made concurrently by the approval authority.- D. Application for removal of a heritage tree shall be referred to the . Planning Commission for final review and determination in accordance with Section 14.18.220 and Chapter 19.124.-(Ord. 1630, (part), 1993; Ord. 1573, ~8.1 (part), 1991; Ord. 1543, ~ 8.1 (part), 1991) . 14.18.160 Director to Inspect. Upon receipt of an application for removal of a protected specimen tree, the Director of Community Development or his/her authorized representative will, within fourteen days, inspect the premises and evaluate the request pursuant to . . Section 14.18.180 of this chapter. Priority of inspection shall be given to those requests based on hazard or danger of disease. The Director of Community Development may refer any such application to another department or to the Planning Commission or an appropriate committee of the City for a report and recommendation. Where appropriate, the Director of Community Development 1f518 D~':J.~ 8.- Tree survey plan indicating the number, location (s),. variety and size (measured four and a half feet above grade) of tree(s) to be removed. protec-ted by a condition of approval associated 'Nith a zoning, tenlati-/e map, use peFmit, variance and arehiteotural and site apprm:al application may be approved by the Director of Community De'/elopment if deemed unsafe or diseased or can cause potential damage to mdoting or proposed esoontial struatur-cs. The Dimaior of Community Development may 0100 require the applicant, at hia o\':n expense, to furnish a report fr-om a staff approved arbori!)t, certified by the Intemational Sooiety of J\boriculture. If remo'/al is requested for any other reaSOR, the application shall be referred to the Planning Commission wt-lich originated the oondition. Notice of any publio hearing under this . - Qhapter shall be given in thc same manner as provided in Chapter 10.118 efthis code. (Ord.1825, (part). 1900; Ord.1715, (part), 1008; amended during 12/92 !)upplcment; Ord. 1880, (part), 1992; Ora. 1642, S8.1 (part), 1991) 14.18.175 Notice and Posting A. Notice of any decision of the Director of Community Development and Design Review Committee shall be given in the same manner as provided in Section 19.28.100B. B. Notice of any public hearing under this chapter shall be given in the same manner as provided in Chapter 19.124 of the Cupertino Municipal Code. _ However, notice of such hearing shall be mailed to each owner of record of real property within five hundred feet of the exterior boundary of the 1 i i 20 Drt,,23 2. B. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property .in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). 3. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. B. The approval authority may ref~r the application to another department or commission for a report and recommendation. C. The approval authority shall either approve, conditionally approve or deny the application. D. The approval authority may require a tree replacement requirement in conjunction with a tree removal permit. (Ord. 1573, ~ 9.1, 1991; Ord. 1543, 99.1, 1991) Section 14.18.185 Tree Replacement A. The approval authority may impose the following replacement standards for approval of each tree to be removed in conjunction with an approved tree removal permit, ullless deemed otherwise by the approval authority: Replacement trees, of a species and size as designated by the approval ;;1uthority and consistent with the replacement value of each tree to be removed, shall be planted on the subject property on which the tree(s) are to be removed. The approval authority shall work with the applicant/property owner of the tree removal permit to determine the location of the replacement tree(s). Table A may be used as a basis for 1 i9 22 De,J4 14.18.188 Retroactive Tree Removal An application for a retroactive tree removal shall be required for any protected tree removed prior to approval of a tree removal permit. The . application shall be filed with the Department of Community Development on forms prescribed by the Director of Community Development and shall be subject to the requirements of a tree removal permit. The application shall pay a retroactive tree removal permit fee. 14.18.190 Protection During Construction. Protected Specimen, hc'ritage trees and other trees/plantings required to be retained by virtue of a development application, building permit, or tree removal permit zoning, Gubdivision, I:IGC permit, varioAoo, or J\:chitcctural and Site Approval Committee applioatioA apP~o"al, and all ~rocG protcc-tcd by this chaptor shall be protected during demolition, grading and construction operations. The applicant shall guarantee the protection of the existing tree(s) on the site through a financial instrument acceptable to the Director of Community Development. (Ord. 1543, ~ 10.1. 1991) 14.18.200 Protection Plan Before Permit Granted. A. A plan to protect trees described in Section 14.18.190 shall be submitted to the Director of Public Works and to the Director of Community Development prior to issuance of a demolition, grading or building permit. The plan shall be prepared and signed by a licensed landscape architect or arborist certified by the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall 1~f 24 Dr<> .. ~5 D. C. The City Clerk shall notify the applicant of the date, time and I. place for hearing the appeal. The City Council may affirm. reverse. or modify the decision of the Director of Community Development or Planning Commission Director of Community Development, and its decision shall be final. (Ord. 1573, ~ 11.1, 1991; Ord. 1543; ~ 11.1, 1991) 14.18.230 Penalty. Violation of this chapter is deemed a misdemeanor unless otherwise specified. Any person or property owners, or his agent or representative who engages in tree cutting or removal without a valid tree removal permit is guilty of a misdemeanor as outlined in Chapter 1.12 of this code and/or may be required to comply with Sections 14.18.150, 14.18: 170. Notwithstanding any other provisions of this section, the unauthorized removal of a tree planted solely for privacy protection purposes pursuant to Section 14.18.060 C shall cqnstitute an infraction. (Ord.1810, (part). 1999; Ord. 1731, (part), 1996; Ord.1543, 9 12.1. 1991 ) 1 ~3 26 DR.,J.fo 4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of ' roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an 'arborist shall be completed. 5. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. 6. . The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. 7. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. 8. The general contractor shall use a tree service licensee, ~s defined by California Business and Professional Code, to prune' and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architectlarborist with approval of staff. ~ 9-:--Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. 10. No storage of construction materials or parking shall be permitted within the drip line area'of any tree designated to be saved. 11. Tree pr~tection regulations shall be posted on protective fencing around trees to be protected. City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEP ARlMENT OF ADMINISTRATIVE SERVICES CITYO . CUPEIUINO SUMMARY Agenda Item No. 9 Meeting Date: June 19,2007 SUBJECT AND ISSUE . Receive public comments, discuss, and adopt the 2007-08 budget. BACKGROUND The purpose of tonight's hearing is to give the public a final opportunity to comment on the proposed 2007/08 budget before City Council takes action. An in-depth review of the budget was presented to City Council at a budget work session on June 4 and a public hearing was held on June 5. Council discussed the General Fund financial position, reserve levels, departmental operating budgets, and the five-year capital improvement program. RECOMMENDATION Staff recommends that Council take the following actions: 1. Receive public comments 2. Grant a negative declaration 3. Adopt a Resolution establishing an operating and capital budget for fiscal year 2007/08 4. Adopt a Resolution establishing an appropriation limit for fiscal year 2007/08 Submitted by: Approved for submission: ~ David W. Knapp City Manager (~t/~&-e.O, a~(./tiT;Q Carol A. AtwoOd Director of Administrative Services Printed on Recycled Paper 9-1 DR"'~3 Midtown Milpitas high end of activity, low end of price - Silicon Valley / San Jose Business Journal: Page 1 of3 Silicon Valley / San Jose Business Journal - June 18, 2007 htlP-://~aniose. bizjournals.com/san iose/stQ[tes/2007/0lY18/focu..s...3J1tml SILICON VALLEY I $AN JOSE BusinessJournal BUSINESS PULSE SURVEY: Why are so many more CEOs leaving their iobs? Midtown Milpitas high end of activity, low end of price Silicon Valley I San Jose Business Journal - June 15, 2007 by Brad Berton A residential-heavy, transit-minded general rezoning plan for Milpitas' midtown neighborhood isn't scheduled to reach the city council for formal consideration until this fall. But developers holding midtown area sites already zoned for multifamily and mixed-use residential development aren't waiting to see whether the comprehensive plan gets a formal nod. Even amid generally slower residential sales seen in much of the country, condominium units are still selling at a pretty brisk pace today in the district anchored by the Great Mall of the Bay Area. And developers, including some of the nation's highest-profile homebuilders, are jumping on the midtown bandwagon with abandon. The city's planning commission identifies projects totaling some 1,200 condo units under construction in and around inidtown as of April. And another 1,200 or so are in the near-term planning pipeline -- although it's uncertain just how many will be approved and built. One reason midtown is seeing so much activity is the relative affordability of the new condos -- with the emphasis on relative. Milpitas condos are typically commanding prices in the $500,000s, according to the Santa Clara County Association of Realtors. A half-million-dollar condo isn't exactly considered "affordable" in most housing markets -- "but it is in Silicon Valley," says veteran Realtor Heide Wolf-Reid at REjMAX Valley Properties in San Jose. 4'" e' The median condojtownhome sales prices in Milpitas in April and May were $580,000 and '-~<~l $535,000. That's quite a bit below some of th. e more costly valley sub markets including Palo Alto 1. at $801,000 and $655,000; Los Gatos at $780,000 and $759,000; Cupertino at $694,000 and $609,000; and even Sunnyvale at $642,000 and $655,000. ,., " ,,;f"; -- And it's also quite a bit below the median price of about $670,000 that county first-time buyers paid for homes (single-family and condo) during this year's first quarter, as calculated by the California Association of Realtors. A buyer would need to earn about $135,000 to qualify for a mortgage at that price, CAR reports. While developers are predictably hoping for even faster sell-offs, Wolf-Reid says unit sales have remained pretty steady at the new midtown developments. In addition to the pricing, development and sales activity also reflects the area's current and planned retail, commercial and transit amenities, she adds. Hence the spate of midtown condo construction is at least helping "stabilize" residential values in the area after steady upward movement in recent years, Wolf-Reid adds. In anticipation of the first station along the planned BART extension into Silicon Valley, the city is looking to transform midtown into a pedestrian-friendly district boasting numerous transit- oriented developments. These are projects within reasonable walking distance of mass-transit stops, often combining high-density housing, retail and commercial space. All contents of this site @ American City Business Journals Inc. All rights reserved. http://www.bizjoumals.com!sanj ose/ stories/2007 /06/ 18/focus3 .html ?t=printab Ie DR r35 6/21/2007 Midtown Milpitas high end of activity, low end of price - Silicon Valley 1 San Jose Business Journal: The city council last month approved the design for the BART station planned for a site at Capitol Avenue and the Montague Expressway just south of the Great MalI. However financing for the BART system's Santa Clara County extension is far from finalized and probably won't be for some time. Page 2 of3 In addition to the BART station, midtown already features a pair of new vtA light-rail stations. A key expectation driving the midtown planning process over the past few years is that many of the area's aging industrial buildings will be replaced by condos and apartments, frequently in mixed- use complexes featuring street-level retail space. The city's planning consultants envision upwards of 4,500 new residential units developed within the 44o-acre district over the coming couple decades. City contractors are helping prepare a massive Environmental Impact Report assessing how the rezoning will likely affect traffic, air quality and many other considerations. The city council is expected to begin considering the rezoning proposal after the EIR is completed this fall. But developers -- including the likes of giant homebuilders DR Horton and KB Home -- are already at work adding hundreds of new condos to the district. Much but certainly not all the activity is taking place along (or near) midtown's primary thoroughfares including Main and Abel streets. DR Horton, for example, is following up its recently completed 285-condo midtown project with two more developments along Main totaling another 600-plus units. Many of the units at Horton's Parc Place project at Curtis Avenue and Hammond Way sold for well over $500 per square foot, meaning two-bedroom units frequently fetched prices in the high-$500,000s. Horton now has the mall-adjacent 464-unit, mixed-income Centria project under way where Abel, Main and Great Mall Parkway intersect, as well as the nearby 147-unit Paragon project at Main and Montague Expressway. Market-rate two-bedrooms at Centria are selling from the high- $400,000s to mid-$500,000s. Horton included many three-bedroom units at Paragon, and had listed them into the low-$6oo,ooos before the mid-June grand opening. Other developers with midtown condo projects under way or in planning stages include: . KB Home, which has the Terra Serena gated community under way along both sides of Abel Street north of Curtis Avenue, including 315 condos and 369 houses and townhomes on 30 acres dotted with parks are recreational facilities; and . Apton Properties LLC, which just launched construction at its Apton Plaza mixed-use, mixed-income development including 93 condos at North Main and Weller Lane. Neither Apton nor KB responded to inquiries about sales activity. . Shapell Homes expects to get the 65 townhomes at its mixed-use Town Center project under way later this year at East Calaveras Boulevard near Milpitas Boulevard; . Barry Swenson Builder is planning The Californian, 176 condos in 10- and 12-story buildings at 905 LosCoches St. (the former Minton's Lumber site); . Matteson Realty Services is planning 126 condos at Main and Abel and . Global Premier Development is planning the 10 I-unit Aspen Family below-market rate rental apartment complex at 1666 S. Main St. Meanwhile another big builder, Warmington Homes, has been seeking to rezone property just outside the transit district in order to redevelop the 20-year-old, 161,650-square-foot South Bay Tech Centre office complex into 368 condos. But the city's Planning Commission is yet to endorse the request, despite the planning staffs favorable recommendation. One of the concerns, echoed by Planning Commission chairman Cliff Williams, is that purely residential development doesn't necessarily reflect efforts to generate more mixed residential- over-retail projects that can help reduce auto traffic. Warmington officials had indicated a mixed- http://www.bizjournals.com/sanj ose/stories/2007 106/18/focus3 .html ?t=printable 1)tl. ?;(P 6/21/2007 Midtown Milpitas high end of activity, low end of price - Silicon Valley 1 San Jose Business Journal: use development at the Tech Centre site isn't economically feasible. "We as a city may be getting too residential happy," Williams observed at a late-May commission . meeting. "So I hope we can make sure mixed-use remains part of our guidelines." . Brad Berton is afreelance writer specializing in real estate. He is based in Portland, Ore. Contact the Editor Need Assistance? More Latest News Su b.~~rlbQ_Qr.rQnQ-'..\"-_QnJiJIQ http://www.bizjournals.com/sanjose/stories/2007 106/18/focus3 .html?t=printable Page 3 of3 D~-31 6/21/2007 Home sales not a simple story - Silicon Valley 1 San Jose Business Journal: Silicon Valley I San Jose Business Journal - June 18, 2007 nttp :lIsanjose. biziournalli.comfscmjose/stories/2001l06/18/focus 1. htmJ SILICON VALLEY I SAN JOSE BusiolssJDurnal Page 10f2 BUSINESS PULSE SURVEY: Why are so m~ny more CEOs leaving their iobs? Home sales not a simple story Silicon Valley I San Jose Business Journal - June 15, 2007 by Sharon Simonson It's not been a great year for u.s. home builders. In fact, it's been pretty crummy. After selling a record 1.28 million new single-family homes two years ago, home builders have seen sales slide inexorably downward to 1.05 million units in 2006 and a projected 860,000 this year. The old saw about all real estate being local is true, however, and no where is proof more available than in Silicon Valley. While few home builders would compare today's market positively to that of 24 months ago, the South Bay overall is clearly the healthiest market in the region today, they say. Yet even within that enclave, the market is far from robust. Dennis G. Hendricks "Sales of homes in urban areas are exceeding our expectations," says Marc Burnstein, vice president of sales and marketing for KB Home, at Cannery Square at Monte Vista in San Jose. View Laraer After a fairly promising start to the new year, spring has proved disappointing, with the pace of new home sales in the South Bay falling from about five homes a month per subdivision in January and February to less than two a month in the last week of May, according to The Ryness Report, a weekly compilation of sales at new home subdivisions in the region. Year over year, sales of all types of new-single family homes -- from condominiums to town house to detached -- fell nearly 85 percent in April, show new numbers from the California Building Industry Association. Yet, the generalities mask wide ranges. Within the 50 new-home communities Ryness is currently tracking countywide, a smattering of communities is selling more than three homes a week -- about twice as many as most home builders say is acceptable. But identifying patterns and uncovering explanations for why some communities are selling well and others are not is not as straightforward as it could be. Sometimes the reasons seem obvious. Palo Alto, for instance, continues to see double-digit home-price appreciation, and new home sales at four new-home communities now on the market are overall stronger than the valley at large. "Who doesn't want to live in Palo Alto?" says Cheryl O'Connor, vice president of sales and marketing for Warmington Homes, whose 76-unit Vantage at Palo Alto is selling just shy of two homes a week, Ryness says. Vantage town homes carry prices from about $800,000 to about $1.2 million, and all homes come equipped with roof-mounted solar panels. Vantage home buyers are in general young parents, O'Connor says, looking to set their children up to take advantage of Palo Alto's stellar schools. Mountain View, Menlo Park and Sunnyvale are other pockets of strength, says Scott Menard, chief operating officer for SummerHill Homes. The company is also seeing astounding buyer interest in two new San Jose communities -- one on the site ofthe former Lou's Village restaurant on West San Carlos Street, he says, though it has not begun sales at either. "We have over 200 people a week walking through our sales trailer at our Parkwood project near Samaritan Hospital" off of Highway 85 in the Cambrian Park area, he says. "The Lou's Village project already has 400 people on an interest list, and we are just starting to build our models." http://www.bizjoumals.com/sanjose/stories/2007 106/18/focus 1.html?t=printable va. r 3~ 6/21/2007 Home sales not a simple story - Silicon Valley 1 San Jose Business Journal: Page 2 of2 At the same time, he says, sales in Fremont are "spotty, and we don't know why. "Fremont has always been for us one of the nicer cities in the South Bay, and if you built it they would come," he says. One of their projects there is selling well, he says. The other is not. Ever the optimist, Roger Menard, president of the San Francisco Bay Area Region for John Laing Homes, says he is taking heart that the year will turn out to be reasonably good from recent traffic reports by Ryness. More than 10,00 people toured 262 new home projects in eight Bay Area counties, including Santa Clara, Ryness reported for the week ended June 3. That's up from nearly 7,200 in the same week of the year before. "That's a good sign when you have 10,000 people out looking at new housing," he says. John Laing has no South Bay projects selling now but expects to bring a 242-unit condo and town home development in Sunnyvale to market at the beginning of next year. The homes will sell for $500,000 to $700,000 and are located next to the Advanced Micro Devices Inc. headquarters. Moreover, for Roger Menard, there is not a lot of mystery as to why some projects are selling better than others: "It usually boils down to price, product and location. If you are next to employment in today's market, and you're priced right, you ought to be selling." Indeed, says Marc Burnstein, vice president of sales and marketing for KB Home in the South Bay, home buyers in the Silicon Valley are more accepting of high-density housing close to the urban core than they have ever been. "Sales of homes in urban areas are exceeding our expectations," he says. "People are becoming more aware of staying off the road and living green. That is playing into the mindset of our customers in ways that we've neverseen to the same degree." While the market overall is definitely soft, he says, home buyers are increasingly enamored of living close to work and within walking distance of off-time entertainment and recreation, which is providing home-selling opportunities. KB is selling homes at eight South Bay communities and expects to deliver about 1,300 homes in the region this year. That's about the same number of deliveries as last year but up from about 800 only four years ago. Sales per week at its Silicon Valley subdivisions range from nearly three at Luna at Terra Serena, a 315-unit condo community with prices starting in the low $300,000s, to well less than one every two weeks at its Madison Place at Monte Vista, a 235-condo community right outside of downtown San Jose with prices from about $500,000 to nearly $700,000. Madison Place is part of a larger development that includes 148 town house and is located at the site of a former Del Monte cannery. KB has not begun to market the subdivision in earnest. SHARON SIMONSON covers real estate for the Business Journal. Reach her at (408) 299-1853. Contact the Editor Subscribe or renew online All contents of this site @ American City Business Journals Inc. All rights reserved. http://www.bizjournals.com/sanj ose/stories/2007 106/18/focus I.html ?t=printable Dr< .. 3q 6/21/2007 Cupertino's Cypress Hotel sold - Silicon Valley 1 San Jose Business Journal: Page 1 of 1 Silicon Valley I San Jose Business Journal - June 11, 2007 !lt1Q:lIsaniose. bizjournals. comfsanjose/stories/2007 f06/11/daily 13.html SIUCOM VALLEY I SAN JOSE BlsillssJDurRal BUSINESS PULSE SURVEY: Why are so many more CEOs leavina their ;obs? Cupertino's Cypress Hotel sold Silicon Valley f San Jose Business Journal - June 11, 2007 Hotel investment services firm Jones Lang LaSalle Hotels said Monday the Cypress Hotel in Cupertino was sold to a joint venture between Rockpoint Group and SCS Advisors. A sale price was not disclosed for the 224-room hotel. San Francisco-based Kimpton Hotels & Restaurants LLC, which operates boutique hotels throughout the United States and Canada, will retain management of the hotel. The property was constructed in 2002 and features 28 suites in addition to its standard guest rooms. Contact the Editor Need Assistance? More Latest News -i+ Sub$Cl"ib~..Qr .I"~n~w. Qnlin~ All contents of this site @ American City Business Journals Inc. All rights reserved. http://sanjose.bizj ournals.com/sanjose/stories/2007 106/11 Idaily 13 .html ?t=printable /)(2 "t.{ 0 6/21/2007