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18. Ord. 07-1994 Homestead Rd. rezoning en:.... OF. .City of Cupertino 10300 Torre Avenue Cupertino~ CA 95014 . (408) 777-3308 Fax: (408) 777-3333 L Community Development Department CUPERTINO Summary Agenda.Item No.ll Agenda Date: October 16, 2007 Application: Z-2006-06, EA-2006-20 Applicant: Olivia Jang Owner: . Eric Huang & Carolyn Armanini Location: 20916 & 20956 Homestead Road, APN 326-09-052, -0061 Application Summary: · REZONING of a 2.2-gross acre site from Planned Development (Recreation, Entertainment, Limited Commercial) to CG (General Cominercial). · ENVIRONMENTAL DETERMINATION: Negative Declarai?-on adopted. \......... The project will have no significant, adverse environmental impacts. Project Data: General Plan Designation: Commercial/Residential Existing Zoning Designation: P(REC, ENTER, LID COM) Proposed Zoning Designation: CG Gross Acres: 2.2 Net Acres: 1.86 Existing Building-Area: 19,060 square feet BACKGROUND At its June 5, 2007 meeting, the City Council conducted the first reading of the rezoning ordinance. The rezoning will allow the property. owners to attract a greater range of commercial and office tenants than the current zoning allows. \...." The purpose for the delay in the second reading of the zoning ordinance was to give the properf:y owners of this shopping center. an opportunity to demonstrate their willingness to maintain and imprC?ve the shopping center prior to receiving approval of a rezoning to CG (General Commercial). The second reading of the ordinance was scheduled for September 4th and postponed to October 16, 2007 at the request of the applicant. 18 -1 File Nos.: Z-2006-06, EA-2006-20 Page 2 October 16, 2007 The applicant, Olivia Jang, had previously submitted the attached letter stating the property owners' inte~tions to improve the property (Exhibit A). It includes: . Removing graffiti . Increasing maintenance of grounds . Fixing and repaving rear parking lot . Resealing, recoating and restriping the front parking lot . Repaving the rear pedestrian path transition . Improving the landscaping for the rear parking lot . Repainting the bu~dings with a brighter color . Repairing the concrete in the garbage bin area . Increasing or updating the parking lot lighting. J The improvements do not include the involvement of the Homestead Lanes property owner who owns most of the parking lot fronting on Stelling Road (80%) and half of the building facade, whose maintenance has a significant impact on the appearance of the entire recreation and entertainment center. DISCUSSION The improvement work is just getting underway, with work started on removing the graffiti, repainting the buildings and repairing the concrete in the garbage bin area. Coordination has been difficult among the property owners. One of the properties is owned by a family trust with multiple out-of-state decisionmakers. The property ---/ owners and city staff have not ~d any. success gaining the participation of the bowling center property owner. Staff believes the City Council wants a significant portion of the .improvement work . completed prior to conducting the second reading of the zoning ordinance. The Council may: a) Continue the rezoning hearing for another month. and require that most of the work will be completed by that time. The applicant has requested another hearing continuance to November 20th (see exhibit B-1), OR b) Remove the item from the calendar and renotice the second reading of the ordinance when the property owners have completed the improvements. ...J 18 -2 ~ L L- File Nos.: Z-2006-06, EA-2006-20 Page 3 October 16, 2007 ENCLOSURES Draft Zoning Ordiruince 07-1994 Exhibit A-1: Letter from applicants dated May 30, 2007 Exhibit B-1: Applicant's Request for a Hearing Continuance Prepared by: Colin Jung, Senior Planner Approved by: ~ Ste PiaseCki Director, Conununity Development . David W. Knapp City Manager G:\Planning\PDREPORT\ CC\ Z-2006-06c. doc 18 -3 ORDINANCE NO. 07...1994 DRAFT AN ORDINANCE OF THE CUPERTINO CITY COUNCIL . . AMENDING SECTION 1 OF ORDINANCE NO. 2 B~ REZONING . APPROXIMATELY 2.2 GROSS ACRES FROM P(REC, ENTER,'LTD COM) TO CG LOCATED AT 20916 and 20956 HOMESTEAD ROAD . APPLICATION Z-2006-06 J WHEREAS, an application was filed (Application Z-2006-06, Erik Huang and Carolyn Armanini) for the rezoning of. property from P(REC, ENTER, L TD COM) . (planned Development Zoning with Recreation, Entertainment and Limited Commercial Intent) to CG . . (General Commercial); and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the Rezoning be granted; and . WHEREAS, the property to be rezoned i~ presently zoned P(REC, ENTER, LID COM) designation; and WHEREAS, a map of the subject property is attached hereto as Exhibit "A" as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the properties described in attached Exhibit "B" be and. hereby are J rezOned to CG, General Commercial Zoning, and that Exhibit "A" attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 5th day of June 2007, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 16th day of October, 2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN ATIEST: APPROVED: ...J City Clerk Mayor 18 -4 ~ . ~N- ~ ZONING .PLAT M.AP REZONE FROM PLANNED DEVELOPMENT (RECREATION, ENTERT AINMENT J LIMITED COMMERCIAL) TO CG - . GENERAL COMMERCIAL o I' SO 100 t '1 200 I . SCALE: ,"=100' . HOMESTEAD ROAD I' --'-~----- wi N 89'47'00. E 275.27' ~ .0 ~ : I ~'l p 01 0 Z\ <{ 0 ~ io IX) tt$ It') G 49.00 Z w ---.J & ---.J .... N W '" I- p 0 (f) Z PARCEL 4 2.52 PM 24 Z lXI o o o' o. 0 ~I . ..... & . PARCEL 1 252 PM 24 826-09-052 0.74 AC. . ~l~ B~tQ.O:LJ g:. '45.65. N 89'46'4; E 1 l5O'-~ . ... z' PARCEL 2 N 013'13" W ~ 0 848 PM 61 21.50.' g~ 826-09-061 .... 1.12 AC. N 89046'47" E . ff. . 60.04! L- N 69'46'47' E 200.00 ~ o 'q ..... ~ o o' ql IZ'- o ...1 (,.I ~. C1' == ~I ~I P.D.B. LEGEND _ _ _ - REZONING BOUNDARY PROPERTY LINE - - - - - CENTERLINE L- DATE: 01 04 07 SCALE: AS NOTED BY: RW RW 505 AL TMQNT DRIVE Milpitas, CA 95035 (40B) 262-1899 FAX (408) 942-0898 EXHIBIT "A~t PLAT .TO ACCOMPANY L~GAL DESCRIPTION: .REZONING 18-5 RW ENGINEERING SHEET 2 OF 2 EXHIBIT "B" LEGAL DESCRIPTION FOR REZONING -./ All that certain real property situated in the City of Cupertino, County of Santa Clara, . State of California., more particularly described as follows: . . . Beginning at the southeasterly comer of Parcel 2, as shown upon that certain Parcel Map. filed for record in the office of the Recorder of the County of Santa Clara, State ofCalifomia, on November 19. 1974, in Book 348 of Maps. at Page 51, Santa Clara County Records~ thence North 0013'13" West 306.70 feet to thenorthe~terly comer of Parcel 1. as shown upon that certain Parcel Map filed for reCord in the office of the Recorder of the County of Santa Clara, State of California, on Apri123, 1969, in Book 252 of Maps, at Page ~4, Santa Clara County Records, said point also lying in tl1e Southerly1ine' of Homestead Road; thence running Northerly and perpendicular to said Southerly line of Homestead Road 45 feet to the centerline of Homestead Road; thence along said centerline of Homestead Road South 89047' West 275.27 . feet; thence r\Jn~ing southerly a:i:Ld perpendicular to said centerline 45 feet to the Northwesterly comer of said Par~l 1. said point also lying in the Southerly line of Homestead Road; thence SoutQ. 0602'~1 "West 149.85 feet to the Southeasterly comer of Parcel 4, as shoWn upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, . State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County Records; thence South 89047' West 145.85 feet to the Southwesterly comer of said Parcel 4; said point also. lying in the Easterly line of Stelling Road; thence running we~erly and perpendicular . . to said Easterly line of Stelling Road 45 feet to the Centerline of Stelling Road; thence along said centerline of Stelling Road South 0~02 '21" West 53.88 feet; thence running easterly and perpendicular to said centerline 45. feet to the Easterly line of Stelling Road; thence North 89046'47" East 60.04 feet; thence North 0013'13". West 21.50 feet; thence North 89046'47" East 162.00 feet; thence South 0013'13" East 1'24.50 feet; thence North 89046'47" East 200.00 feet to the point 6fbevnning. . '~ The above described parcel ofland contains 96,171 square feet or 2.21 acres ofland., more or less. Description prep8ted on January 5, 2007 END OF DESCRIPTION ...J 18 -6 10f2 L May' 3D, 2007. Exhibit . A - .1:-. ~, " .~. Dear Cupertino City Council: Thank you for giving us the opportunity to work with the City of Cupertino on the,~zoning considerations for our property at 20916 & 20956 Homestead Road. We would like to propose the following course of actions to improve our shopping center environment: L List of ImDrovement actions t;Q..be.done on our Drooertv: 1. Remove any graffiti from the front and back of the property. 2. Increase maintenance of the grounds. 3. Fix and repave the rear parking lot, Reseal, reecat, and re-stripe the front par1<:ing lot. 4. Repave the rear pedestrian path transition. 5. Improve the landscaping for the rear parking area. 6. Repaint the buildings with brighter color to create a fresher and unified appearance. 7. Repair the concrete in the garbage bin area in the back parking lot. 8. Increase and/or update the parking lot lighting system List of actions for our neiahborlna Drooerties and their reSDonse: 1. We contacted and met with the property owner of Homestead Lanes numerous times and proposed that he carry out similar improvement, such as: repaving their parking lot, repainting their building, and adding additional landscaping to improve the appeal of the overall parking lot area He initially expressed some interest and we worked together and got several quotations for all three properties, including repaving of the parking lot and repainting of the buildings. We even proposed hiring a paint consultant. After he received the bids, he told us that he would need to get his Partners' approval. We have not received confirmation from him that . Homestead Lanes wishes to participate in these endeavors. L 18 -7 Page 1 of2 -/ (Continue from Page 1 of 2) 2. . We would like to emphasize that most of the front parking area is under the jurisdiction of Homestead Lanes, therefore their cooperation is imperative because they own close to 80% of the overall parking area, as well as 50% of the building facade. 3. The owner of McDonald's told us that they might be inter~sted in repaving their parking lot. tiOwever, they need to wait until next year or the year after next year, but are definitely not interested this year. List of actions for future tenants DfqClJl8ment: . 1. We will definitely diversify tenants in addition to having restaurants and beauty shops. 2. We will actively seek retail tYPe tenants. 3. We will put particular emphasis on spegialty jewelry stores, celr phone/communication stores; electronics stores such as Radio Shack, and printing/copying store. We thought of other categories such as auto parts store (such as NAPA CarQuest) but they usually require much large footage than what we C$n offer. J Sincerely Eric Huang o.livia Jang Carol Matteson ----/' 18-8 Page 2 of2 L: t . I . , .\ ~ ~ L , i 1. ~ ~ ~ . ~ l I t , ~ i ~ "} ~ . , , : ;: { . 1 4 ~ i I ~ t . 4 i ): \ , ., , '. . I . . . 1 ~ :, \ , t . 1 ~. j " ~ f . t l i , . l , ~ I s ~ ~ . , Exhibh B - i PIaJU#ng D~partment C/O ~QIU:t Jung October 10, 2007 To wflom it may concern: Regarding 20916 & Z0956 Homestead Road, Cupertino, CA 95014 . I, . . . Ple~~ continue our h~aring to second time of Noyember 2007. I Since our work is along the way now. We are hoping to be fiirther along in '. our PfPgres~ before we go to the hearing. Best Regards, 4',:~ Olivi~' Jang' !: ~ \ . ~ t " ',' , ..,,,.. ..:.-... .-- .-.---,.. ........~_....--i.-...__..... 18 -9 : : . . ; , " :. . . . . , . .,~ , .. . ~ . . . , . : I I i ~ . ~ ,. f . . . .1 . . . . . . , . . ; : , . ! i .' . . . ., . I . . , ' . , . . . 1 I . , . . ' 10 " , . , ~ . . , . . , . . .. . . . . : {. I , '. \. . . .