26. Rezoning Homestead Rd.
CITY OF. . .
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Deparhnent
CUPERTINO
Summary
Agenda Item No. Jlo
Agenda Date: November 20,2007
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 Commercial).
. ENVIRONMENTAL DETERMINATION: Negative Declaration adopted.
The project will have no significant, adverse environmental impacts.
Project Data:
General Plan Designation: Commercial/Residential
Existing Zoning Designation: P(REC, ENTER, LTD 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
property owners of this shopping center an opporhmity to demonstrate their
willingness to maintain and improve 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 and then November 20,
2007 at the request of the applicant.
26 -1
File Nos.: Z-2006-06, EA-2006-20
Page 2
November 20, 2007
The applicant, Olivia J ang, had previously submitted the attached letter stating the
property owners' intentions to improve the property (Exhibit A). It includes:
. Graffiti removal and repainting the buildings with a brighter color
. Increasing maintenance of grounds
. Fixing and repaving rear parking lot
. Repaving the rear pedestrian path transition
. Repairing the concrete in the garbage bin area
. Resealing, recoating and restriping the front parking lot
. Enhancing the landscaping
. Increasing or updating the parking lot lighting.
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
buildmg facade, whose maintenance has a significant impact .on the appearance of the
entire recreation and entertainment center.
DISCUSSION
The improvement work will substantially be completed by Saturday November 17th as
described in the table below. "H" stands for the Huang property; "A" stands for the
Armanini property. Photographs will be available at the hearing:
Graffiti removal and repainting the
buildin s with a bri hter color
Increasing maintenance of grounds
Fixing and repaving rear parking lot
Repaving the rear pedestrian path
transition
Repairing the concrete in the garbage
bin area
Resealing, recoating and restriping the
front parking lot
Enhancing the landscaping
Increasing or updating the parking lot
lihtin
A & H: Completed with repainting of both
buildin s.
H only: Lot swept clean for repaving. Dead
landsca in removed.
H: Completed.
A: Access drivewa
H: Completed
A: not a licable
H: Completed
A: not a licable
H: Work in progress and will be completed by
Friday.
A: Not started
H: Rear landscaping will be completed by
Friday
. A: Three trees lanted alon Homestead Rd.
A & H: Property owners have not evaluated
extra li htin needs et.
26 -2
File Nos.: 2-2006-06, EA-2006-20
Page 3
November 20, 2007
By the time of the hearing, a substantial amount of improvement work will have been
completed with the exception of extra or brighter lighting in the shoppmg center, and
the repaving and re-striping of the Armanini property. The Armanini property is
owned by a family trust with multiple out-of-state decisionmakers, which made work
progress much more cumbersome.
Staff believes a significant portion of the improvement work has been completed and
the City Council should complete the second reading of the zoning ordinance to rezone
these properties to CG.
ENCLOSURES
Draft Zoning Ordinance 07-1994
Exhibit A-1: Letter from applicants dated May 30,2007
Prepared by: Colin Jung, Senior Planner
Approved by:
~
Steve Piasecki
Director, Community Development
David W. Knapp
City Manager
G:\Planning\PDREPORT\ CC\Z-2oo6-06c.doc
26 -3
ORDINANCE NO. 07-1994
DRAFT
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
. AMENDING SECTION 1 OF ORDINANCE NO.2 BY REZONING
APPROXIMATELY 2.2 GROSS ACRES FROM P(REC, ENTER,-L TD COM) TO CG
LOCATED AT 20916 and 20956 HOMESTEAD ROAD
. APPLICATION Z-2006-06
WHEREAS, ari application was filed (Application Z-2006-06, Erik Huang and Carolyn
Armanini) for the rezoning of . property from P(REC, ENTER, LTD 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, L TD 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
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. lIDs 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:
V ote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
APPROVED:
City Clerk
Mayor
26 -4
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ZONING
PL'AT
M.AP
REZONE FROM PLANNED DEVELOPMENT (RECREATION)
ENTERT AINMENT J LIMITED COMMERCIAL) TO CG - .
GENERAL COMMERCIAL
200
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SCALE: 1"=100'
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LEGEND
_ _ _ - REZONING BOUNDARY
PROPERTY LINE
_ - - - - CENTERLINE
DA IT: 01 04 07
SCALE: AS NOTED
BY: RW.
RW
505 AL TMONT DRIVE
Milpitas, CA 95035
(408) 262-1899
FP0<(4D8)942~98
EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION:
.REZONING 26-5
RW ENGINEERiNG
SHEET 2 OF 2
EXHIBIT "B"
LEGAL DE$CRJPTION FOR REZONING
All that certain real property situated in the City of Cupertino, County of Santa CI~ .State of
California, more particularly described as follows: .
, Beginning at the southeasterly 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
November 19, 1974) in Book 348 of Maps, at Page 51, Santa Clara County Records; thence
North 0013)13" West 306.70 feet to the northe~terly corner 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 the Southerly line' 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 running southerly a:i1d perpendicular to said centerline 45 feet to the Northwesterly
comer of said Parcell) said point also lying in the Southerly line of Hpmestead Road; thence
SouiQ. .0002 )21 "West 149.85 feet to the Southeasterly corner of Parcel 4, as shoWn upon that
certain Parcel Map filed for record in the office of the Recorder ofthe County of Santa Clara,
State of California, on April 23, 1969, in Book 252 of Maps, at Pa~e 24, Santa Clara <;:ounty
Records; thence South 89047' West 145.85 feet to the Southwesterly corner of said Parcel 4; said
point also. lying in the Easterly line of-Stelling Road; thence running westerly 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 124.50 feet; thence North 89046'47" East 200.00 feetto
the point of beginning.
The above described parcel ofla.nd contains 96,171 square feet or 2.21 acres ofland, more or
less.
Description prepared on January 5,2007
END OF DESCRIPTION
10f2
26-6
Exhibit . A - i~- :- \
,
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.....
May 3D, 2007
Dear Cupertino City Council:
Thank you for giving us the opportunity to work with the City of Cupertino
on the rezoning 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:
List of improvement actions to be done on our property:
1. Remove any grafftti from the front and back of the property.
2. Increase maintenance of the grounds.
3. Fix and repave the rear parking lot, Reseal, recoat, and re-stripe the
front parking 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 neighborina properties and their response:
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.
26 -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~ted in
repaving their parking lot. However, 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 procurement:
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 specialty jewelry stores, cell
phone/communication stores; electronics stores such as Radio Shack,
and printing/copying store. We thought of other categories such as
auto parts stofe (such as NAPA CarQuest) but they usually require
much large footage than what we can offer.
Sincerely
Eric Huang
Olivia Jang
Carol Matteson
26-8
Page 2 of2
Nov 20 07 10:26a
Carol J Matteson
831-761-8236
p.2
ARMANINI
FAMILY FUND
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ColinJung
Community De~lopment Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Colin,
The purpose of this letter is to advise you as to the status of the paving project at 20916 Homestead Road.
We are in the process of .firuilizing our agreement between the paving contractor and the property owners and
hope to have the agreement signed within the next week. There are some minor details rem~;fljflg to negotiate.
Coastal Paving C!Ul begin the work in early December.
If you have any questions or require additional information from the Armanini. Family Fund, please do not
hesitate to conta~t me by phone at (206) 365-1747 or via email atcarmaoioi@isp.com.
Sincerel1,
C<l-1"7- ~-....."... ,'-, ,/ S9.h-z.
Carolyn Armanini
Managing Partner
;18948 FOREST PARK DRIVE NE . LAKE I'OREST PARK, WA . 98155"2436
PHONE: (206) 365"1747 . EMAIL: carmanini@isp.com