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Written Communicationscc 11-5-19 Item #5 October 15 Council Minutes Written Communications cc 11/5/19 Item #5 City Council Minutes October 15, 2019 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Existing Building Code, Referenced Standards Code, and Green Building Standards Code with certain exceptions, deletions, modifications, additions and amendments." Paul moved and Scharf seconded to read Ordinance No. 19-2189 by title only and that the City Clerk's reading would constitute the second first reading thereof. Ayes: Scharf, Chao, Paul, Sinks, and Willey. Noes: None. Abstain: None. Absent: None. Recuse : None. Paul moved and Scharf seconded to adopt Resolution No. 19-131 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code. The motion carried unanimously. Council recessed from 8:31 p.m. to 8:36 p.m. ORDINANCES AND ACTION ITEMS 15. Subject: Update on revised Community Garden Improvements Project at McClellan Ranch Preserve and provide any input. Status update on the investigation of creating community gardens at other parks in the City and provide any input. Recommended Action: Review the revised design and proposed construction approach for the Community Garden Improvements Project and provide input. Receive status update on the investigation of creating community gardens at other parks in the City and provide any input. Written communications for this item included a presentation and a revised Attachment A. Capital Improvement Program (CIP) Manager Michael Zimmerman and Director of Parks and Recreation Jeff Milkes reviewed the presentation. Staff answered questions from Council. Mayor Scharf opened public comment and the following individuals spoke: Jean Bedord -fiscal responsibility, emergency response, recent earthquake, City Hall seismic soundness, function of city during an event (provided written comments). Mayor Scharf closed public comment. cc 11-5-19 Item #7 Carmen Road Bridge Feasibility Study Written Communications 1 Cyrah Caburian From:Kristi McGee <kristi.mcgee1@gmail.com> Sent:Wednesday, October 30, 2019 9:38 PM To:City Council; Cupertino City Manager's Office; City Clerk Cc:Kristi A. McGee Subject:Carmen Road Pedestrian/Bicycle Bridge Dear Council Members,     I am unable to attend the November 8 City Council meeting where this issue will be discussed, so I want to share my thoughts and opinions with you in advance.    I have been a long time resident of Cupertino, and I strongly object to the Carmen Road Pedestrian/Bicycle Bridge proposal. I live in the Carmen Road/Scenic Blvd. neighborhood, so the existence of such a bridge impacts me directly.     The need for this proposed bridge, including in the Walk-Bike Cupertino article published some 18 months ago, is misleadingly characterized as a safety issue. The two nearest crosswalks in question may indeed be 1/2 mile apart, but each of them (Stevens Creek/Foothill Blvd. and Stevens Creek/Phar Lap Drive) is only a quarter mile from the proposed bridge at Carmen Road.     The crosswalk at the Foothill intersection is controlled by traffic lights to support safe crossing, and the crosswalk at Phar Lap Drive was enhanced not all that long ago with in-street flashers (which are very visible and effective). So we're talking about a quarter-mile walk or bike from Carmen Road to one of two safety-enhanced crossings.Yes, Stevens Creek is busy, but I argue that - practically speaking - it IS safe to cross and kids CAN get to school safely by using the existing crosswalks.     A important consideration in this decision that I have not seen discussed at all is the unintended consequences that such a bridge may introduce. It is a fact that property crime has risen in our fair city, including car break-ins, vandalism and burglaries. This bridge will creates an access point to our neighborhoods that is not needed and provides a convenient, unpatrolled point of ingress an egress (particularly at night) for those who seek to perpetrate such acts.     I would remind the Council of the contentious issue regarding controlling the Blackberry Farm gate access at Scenic Circle. I’m confident that none of the adjacent residents wanted an unsafe route to school for students by barring access through Blackberry Farm, but they also had a real concern over loitering and other undesirable behavior that such an access point would introduce. Would a similar controlled, gated approach be applied to this bridge?     I agree that Stevens Creek at Carmen is not an inherently safe crossing, but spending millions of dollars building a bridge is NOT warranted when there are safe crossings a mere 1320 feet away in either direction. It sounds like an over-engineered solution, at a high taxpayer cost and will compromise the visual beauty (and potentially the surrounding property values) of this area.     Were other solutions even considered before proposing to build an expensive bridge? This is a solution looking for a problem.     Sincerely,  Kristi McGee  Scenic Blvd. Resident    1 Cyrah Caburian From:Luis Buhler (Rockledge Associates) <luis@rockledgeassociates.com> Sent:Thursday, October 31, 2019 3:26 PM To:City Council Cc:Luis Buhler (Rockledge Associates) Subject:Carmen Road Pedestrian Bicycle Bridge Feasibility Study To: Members of the City Council  From:  Luis Buhler, Cupertino Resident    Has anyone looked at the possibility of extending Stevens Creek Trail to connect directly to Varian Park?  This would seem to  make better use of existing trails and minimize the impact on surrounding residents.    Luis Buhler    Cell: 916‐801‐1715  Email: Luis@RockledgeAssociates.com        1 Cyrah Caburian From:mary vanatta <vanattam@gmail.com> Sent:Friday, November 1, 2019 9:28 AM To:City Council Subject:Please approve the Carmen Bridge feasibility study Hello,    I am writing to express my support for the Carmen Bridge project and to ask for your support, specifically regarding the  feasibility study vote coming up this Tuesday, November 5th. I live in the Monta Vista neighborhood of Cupertino, and I  frequently take evening walks in the neighborhoods along Stevens Creek Blvd. I like to cross Stevens Creek and walk in the  neighborhoods on the other side, but I am always nervous to use the cross‐walk at the bottom of the "dip" near the Blue  Pheasant restaurant. I consider that crossing to be dangerous, because vehicles drive much too fast down the hill (in both  directions) toward the cross‐walk. I have observed speeding vehicles on this stretch of Stevens Creek not only as a pedestrian,  but also as a driver who frequently uses this road, and as a cyclist.    Additionally, on weekend mornings I like to walk to the Starbucks near the Post Office, or further down the road to Jamba Juice ‐  these two destinations require crossing Stevens Creek Blvd., and I always avoid using the aforementioned cross‐walk. Instead, I  opt to cross Stevens Creek at one of the traffic lights along the way, but this is not ideal.    Building a pedestrian bridge across Stevens Creek Blvd. would be a big improvement for the residents of the neighborhoods in  the area ‐ not just those, like me, who will use it for casual strolls and exercise, but more importantly for the children who will  use it to get to school or other activities. I know that providing safe options for children is a focus of the city council's work ‐ I am  sure that you will make the right decision by approving the feasibility study.    Thank you for the hard work that you do!    Sincerely,  Mary Vanatta  10445 Merriman Road  1 Cyrah Caburian From:RICHARD <rablaine@comcast.net> Sent:Thursday, October 31, 2019 4:24 PM To:City Council Subject:Carmen Bridge   Please approve the feasibility study. This bridge will be an asset to the city and provide for safe crossing of Stevens Creek Blvd.    Dick Blaine  22284 n De Anza Circle  Cupertino Ca  1 Cyrah Caburian From:Andrea Scheuerlein <roy.scheuerlein@gmail.com> Sent:Friday, November 1, 2019 9:36 AM To:City Council Subject:Carmen Bridge We need a bridge over Stevens Creek Blvd at Carmen. I live off Crescent Rd.  My children go to Stevens Creek elementary and Kenedy Jr HIgh and Monte Vista.  It is too dangerous to cross Stevens Creek Blvd. I support building the bridge.  Regards,  Roy and Andrea Scheuerlein    Cyrah Caburian From: Sent: To: Subject: Jennifer Shearin Saturday, November 2, 2019 9:41 AM Steven Scharf; Rod Sinks ; Jon Robert Willey; Darcy Paul ; Liang Chao ; Deborah L. Feng Urge approving Carmen Bridge item on Consent Calendar Dear Mayor Scharf, City Councilmembers , and City Manager Feng, cc 11/5/19 Item #7 Tuesday's Council meeting will include an item on the Consent Calendar to approve the Feasibility Study for the Carmen Road Bridge. I urge you to approve this item without pulling it for further discussion . The most important reason is that the Consent Calendar item is not a decision on whether to design or build the project or spend any new funding; it is only to approve that the work has been done by City Staff. In early spring, when Staff plans to include this project's design funding as part of the CIP , is the time to discuss the merits, cost, and design issues of the project. The Bicycle Pedestrian Commission , in its motion made after its discussion of the Feasibility Study in September, advises this course of action, stating, "Additionally, commission requests staff to invest time necessary to prepare for the design and budget approval phase next year ... [and] do outreach to properties impacted and adjacent community members before design phase." There are some advocates in the community and on the Bicycle Pedestrian Commission for this project, and there are some residents opposed . Everyone will be able voice their concerns and approval when this project is considered for funding and further work during this spring's CIP process. I urge you on Tuesday to approve this item on the Consent Calendar. Sincerely, Jennifer Shearin Bicycle Pedestrian Commissioner 1 Cyrah Caburian From: Sent: To: Subject: Dear City Council, Peter Yessne <pyessne@gmail.com > Sunday, November 3, 2019 1:49 PM City Council Carmen Bridge Project I am a resident living a few doors south of the proposed bridge on Bellevue Ave . I support the Carmen Bridge Project because it will enhance our pedestrian and biking options . Further, the crosswalk at Phar Lap and Stevens Creek is a very dangerous one. Please approve the feasibility study om November 5. Sincerely, Peter Yessne Cyrah Caburian From: City of Cupertino Written Correspondence Subject: FW : Carmen road History and support for proposed bridge From: Jackson Family <hbjacksn@pacbell.net> Sent: Sunday, November 3 , 2019 6:34 PM To: City Council <CityCouncil@cupertino .org > Subject: Carmen road History and support for proposed bridge Dear Cupertino City council members Steven Scharf, Liang Chao , Rod Sinks , Darcy Paul and Jon Willey , I'm writing today to express my strong support for the Carmen Rd . pedestrian bridge . My family has lived on Cupertino Rd . for 35 years , and I have lived in Cupertino for 59 years . To paraphrase the words in my survey entry , the Carmen bridge will become such a welcome , useful and unifying addition to our neighborhood and city . Thank you in advance for seeing it through to approval and construction . Today I'd like to share some historical perspective . Before the rerouting of Stevens Creek Rd and the corresponding grading work that separated Carmen Rd , what is currently Cupertino Rd was then part of Stevens Creek Rd . Carmen road was initially created for the purpose of transporting the pieces of the dismantled "Lumbermen's Hoo Hoo House" to its final destination at Inspiration Point , which our neighborhood was once called . This massive Hoo Hoo House structure was built for the 1915 Panama Pacific International Expo in San Francisco and designed by famous architect Bernard Maybeck. It was built by the International order of Hoo Hoo , a lumber industry organization . Here is a link to a pie from the UC Berkeley Archives : http://exhibits .ced.berkeley.edu/items/show/2112 Purchased after the Expo by George Hensley (Pres ident of Monta Vista Estates) Hensley wanted the bui lding to be a civic center/dance hall. His company subdivided and sold lots in Monta Vista , so this building served as an amenity to help build the community . There was even a monthly newsletter called 'The House of Hoo-Hoo" (I have a photocopy of the newsletter dated Aug. 1916 showing a pictu re of this massive build ing having been reconstructed at the top of our hill , on Carmen road) There were accounts of concerts and weekly dances at the Hoo Hoo House , but it a ll came to an abrupt end on Aug .16, 1928 when a mysterious fire bur~ed it to the ground . Over the years different tales have been told of th is iconic building . Given its unfortunate name , it didn't take long before it was considered to have been used as a house of ill repute . The rumors are false , this was a large single room open air bu ilding . Perfect for a dance or meeting hall , but not much else . ... so who was Carmen? Who was the road named after? I haven 't come across anyone who knows the answe r, but I have a guess. It would have taken dozens of truck or buggy loads to bring all the dismantled pieces of the Lumbermen's Hoo Hoo House to our neighborhood . Someone who transported things by buggy was known as a carman . The plural is carmen. George Hensley may have had someone put a sign on Cupertino Rd (then known as Stevens Creek Rd) with the word "carmen" and an arrow to direct them where to go with thei r cargo . Over the years I suspect the name stuck . Carmen Road . Soon you will be deciding whether to reconnect Carmen with a Pedestrian Bridge-reuniting Inspiration Point, making a Safe Route To School for three Cupertino schools for our kids , and improving walking opportun ities for ou r Seniors at Sunnyview Manor as well as for the rest of us . As a lifelong resident , I see this as an easy decision . And in these current times , there's no better example and symbo l of unity than a bridge . Thank you for taking the time to read this . Please feel free to reply with any questions , and if someone could reply to confirm that you rece ived this email I would be most grateful. Best regards , Harlan Jackson 22273 Cupertino rd . 408-504-6406 1 SkiR to main content C n ENVIRONMENTAL DESIGN ARCHIVES Menu RKELEY • Exhibit Currently on DisRlay • Browse Exhibits • Browse Images • Browse Collections • About ,__ _______ .....,! Advanced Search ., [ Search using this query type :---------------------------, ®Keyword 0 Boolean O Exact match · Advanced Search (Items only} Search I Lumbermen's House of Hoo Hoo Title Lumbermen's House of Hoo Hoo Subject Panama-Pacific International Exposition (1915 : San Francisco, Calif.) Description Tear sheet Creator unknown Source William G . Merchant/ Hans U. Gerson Collection Date circa 1915 Contributor Environmental Design Archives Format Tear sheet Language English Identifier Box 9 , Folder 9 Coverage San Francisco , CA Citation . , unknown , "Lumbermen's House of Hoo Hoo," Environmental Design Archives Exhibitions , accessed November 4, 2019 , http ://exhibits .ced .berkeley.edu/items/show/2112 . • -Previous Item • Next Item - BERKELEY Powered by Omeka . Environmental Design Archives designarchives@berkeley.edu • Site MaR, • College of Environmental Design • Environmental Design Libra[Y._ • Visual Resources Center • Privacy Policy_ • UC Berkeley_ ©2015 UC Regents . All Rights Reserved . Grace Schmidt, MMC From: Sent: To: Cc: Subject: I have lived at Rooshabh Varaiya ~> Tuesday, October 22, 2019 4:21 PM City Council Pat Bhatt; Frank Yashar; Wing Law; Rooshabh Varaiya Carmen Road pedestrian and bicycle bridge since 1976 and I like my neighborhood as it is and has been, I am opposed to the proposed bridge project; it will destroy my neighborhood. I am unable to attend the meeting on Nov. 5th because of health reasons. Please stop this project and put the money to better use . Rooshabh 1 Grace Schmidt, MMC From: Sent: To: Subject: Hello City Council, Will Yashar ~> Monday, October 21 , 2019 11 :23 PM City Council Carmen Road Pedestrian Bicycle Bridge My name is Will Yashar . I'm a proud resident of Cupertino and have been living here for about 15 years now. However, I am also fifteen years old . I live on Carmen Road and if you keep reading, I would love to let you know how I hope you can consider stopping these. The first and most serious problem I thought of is the elderly community, also known as sunny acres, down the street. The city has already had multiple silver alerts from that community and I see multiple people take a morning and afternoon walk by my house. Now, this path would only open up more opportunities to move farther away from the facility to patients with Alzheimers or dementia . The elderly are a very important part of our community and I hope you will thoroughly address this at your meeting. The second problem I can see is the housing depreciation from the building. As you may know, houses on a cul de sac appreciate much better as they have less traffic, foot and vehicle wise, which allows children to play in the street without risking unwanted attention from other people crossing over the bridge, making it safer for the many children and teenagers, myself included, that live on Carmen Road. The depreciation ofthe house may be five to ten percent, which would easily outweigh the benefit. Finally, I don't only want to mention the negative side effects as I strive to be a positive person. One way you can fix the problem while still having more utility is to build a crosswalk across Steven's Creek, similar to the one across from Blackberry Farm Gold Course. This could be a hazard, as drivers from up the hill would be blind to crossers . Instead, build it at the top of the hill with lights similar to the other crosswalk to make it as safe as possible . A bridge would have the same effectiveness, minus the one to two minute wait, and wouldn't negatively affect the people living on Carmen Road . I understand that some people might scarcely be affected by the bridge but it will seriously impact people living on Cupertino and Carmen Road in a very negative way . I strongly hope this bridge isn't built and I hope you take my email into account. If you choose to broadcast my email in any way as I strongly urge you to do, please omit my name from this email and feel free to contact me with any questions. Thank You, Will Yashar ~ 1 Grace Schmidt, MMC From: Sent: To: Subject: Dear City Council: joe zheng Thursday, October 24, 2019 12:30 PM City Council Carmen Road Pedestrian-Vicycle Bridge I am a Cupertino resident of 20+ years and also a cyclist biking every week. I am against the proposal of building up the bridge . Reason 1: Stevens Creek Blvd . is more or less the anchor street in Cupertino and almost the symbol of the City of Cupertino. As local residents, we shall minimize any destruction or disturbance to the street and its wonderful looks . Bridges across such a street would obstruct the original views . Reason 2 : There are many alternatives to cross Stevens Creek by biking or walking. It does not make any sense to build a bridge just for that particular street crossing Stevens Creek Blvd . Otherwise, we might consider to build a bridge for every single street crossing Stevens Creek Blvd. Reason 3: It is believed the City of Cupertino has one or more bonds outstanding and needs to pay off soon or late. We shall preserve the capitals for the debts and use them for other needs, for example, Bollinger Road is so poorly maintained and the street surface shall be replaced years ago . Respectfu I ly Joe Zheng Grace Schmidt, MMC From: Sent: To: Cc: Subject: Lauren Sapudar Thursday, October 24, 2019 7:44 AM Roger Lee; Chad Mosley Deborah L. Feng FW: Carmen Bridge/Manta Vista Bike Boulevard Update FYI -these were emailed to the council. CUPERTINO Lauren Sapudar Executive Assistant to City Manager & City Council City Manager's Office LaurenS@cupertino .org (408) 777-1312 @~000®0 From: Walk-Bike Cupertino <info@walkbikecupertino.org> Sent: Wednesday, October 23, 2019 6:12 PM To: Steven Scharf <SScharf@cupertino.org> Subject: Carmen Bridge/Manta Vista Bike Boulevard Update 10----- Dear Steven, The Carmen Bridge project emerged as a grass-roots community-based project nearly 2½ years ago . In August 2018, the council approved funding to conduct the Feasibility study (for more on what this is, see the box below, "What's a Feasibility Study?''). As the next step, City Council will vote on accepting the Carmen Road Bridge Feasibility study on November 5. If approved, details will be worked out and it will then be in line for design funding at the next Capital Improvement Project cycle in April/May 2020. Click here to see all the possibilities for the concept design of the bridge. The Carmen Bridge is a: • Tier I project in the Cupertino Pedestrian Plan ; • Tier 2 project i n the Cupertino Bicycle Plan ; • A key element of the Cupertino Parks & Recreation Master Plan ; and • A key connector of the Bike Boulevard network that connects several neighborhoods to Stevens Creek Elementary, Kennedy Middle, and Monta Vista High Schools . Traffic is backed up daily on Stevens Creek Boulevard. Over l 00 Stevens Creek Elementary and over 400 Kennedy and Monta Vista students are driven to school each day because of the difficulty crossing Stevens Creek while walking or biking . These additional cars are also likely a contr i butor to congestion and reduced safety around our schools and in local neighborhoods. What's a Feasibility Study? A Feasibility study is created by the City Staff for large Transportation Projects. It simply answers the question, 'is this project possible? with a ballpark cost for several options', without details such as final costs, environmental studies, site plans, etc. There are olten several alternatives mentioned in the study, one or more which may become the recommended design before or during the design process . A chart showing some of the major milestones for projects is below. 10-- Ways to get Involved • Sign the petition of support here and join the over l 70 nearby neighbors who have signed. Ask friends and family to sign, too. • Contact us to let us know you can come to the city council vote next spring or would like to be involved in other ways. Contact Byron Rovegno at Broveqno@sbcq lobal.net to let us know. 2 • Write the city council at citycouncil@cupertino.org to tell them you support building the Carmen Road Bridge. • Forward this email on to your neighbors and friends who are supportive of this great project! Happy Walking and Biking, Your friends at Walk-Bik~ Cupertino 10- Walk, Bike Cupertino I P.O. Box 662, Cupertino, CA 95015 Unsubscribe Sscharf@cupertino.org Update Profile I About Constant Contact Sent by info@walkbikecupertino.org 3 Grace Schmidt, MMC From: Sent: To: Subject: Jay Kamda r > Tuesda y, Octobe r 22, 2019 1:37 PM City Council Fw : City of Cupertino, CA: Carmen Road Pede strian Bicycle Bridge Feasibility Study Updates Dear City Council Members, Due to bus iness travel I cannot be present at the Nov. 5 , 2019 council meeting to approve the Carmen Road Pedestrian Bridge Feasibility Study. As a res ident of Cupertino , I would like to voice my concerns for the Bicycle Bridge as below. I sincerely hope that you would give your kind consideration as you make the decis ions that are good for the whole city of Cupertino and not simply vote yes for such expensive proposals : 1. Who benefits from th is bridge: a . Parents : I have attended the commun ity meetings about this proposed study and learned that parents of children attending elementary school are in favor of such bridge . In general , elementary school students get dropped to school and at their age they rarely walk to school by themselves . Second, school might be arranging "Walk to School Day" which probably causes inconvenience to some parents but not sufficient to justify a costly bridge . b. Bicycl ists : really? There are plenty of options for Bicyclists and connecting them through a Carmen Road should not be one . Why not connect Bicyclists on Stevens Creek Road at the Phar Lap Drive junction . This is a very critical junction and bridge will ensure total safety for both the pedestrians and bicyclists. If anyone needs to bike on Carme Road then Carmen Drive easily connects to Stevens Creek Road and bicyclists have option of going on Stevens Creek Road and find enough safe options to cross Stevens Creek Road 2 . Concerns against the bridge: Thanks , Jay Kamdar a . Cost -why spend thousands of dollars on feasib ility study when the City has plenty of other things to fix. When people do not have to write a personal check they a lways want things that are nice to have . Such luxuries are afforded at the expense of other less powerful and less fortune people of the city . I insist that City Council ask itself a question about what better causes to spend money instead of feasibility studies for a bridge b. Ruining Natural beauty -comp ing up on Stevens Creek Road still reminds driver of good old days, going up the h ill , see ing the hills and beautiful sky as you drive up the hi ll. All these will be ruined with a bridge . Not to mention graffiti and other concerns that comes with such elements c . Other cheaper and more practical alternatives are overlooked : Why go through such massive expense when a traffic light on Janice Ave. could easily fix the issue . I am certain that heavy lobbying by few powerful people and groups will get their way but this is not the way to spend my tax money . The previous City Council was working for the rich and powerful and paid lots of interest to special interest group . I trust that my new council will dig deeper before rubber stamping yes on feasibility study for bridge . If there is a need fo r bridge then it should be on Stevens Creek Road at Phar Lap drive which is the most dangerous junction today. d . Unsafe to pull cars in/out of Carmen Road residences : Currently , many of Carmen Road residences have very tight spaces to get their cars in and ou t of their garages . Now, the residents would be required to watch out for kids and bicyclist in their blind spots . 1 Cupertino -----Forwarded Message ----- From: City of Cupertino <webmaster@cupertino.org> To: Sent: urs ay, cto er 7, , Subject: City of Cupertino, CA: Carmen Road Pedestrian Bicycle Bridge Feasibility Study Updates lffl CITYOF Iii CUPERTINO Carmen Road Pedestrian Bicycle Bridge Feasibility Study Updates Date: 10/17/20191:54 pm Since November 2018, City staff has been studying the feasibility of a grade-separated bridge structure to provide a connection for pedestrians and bicyclists between neighborhoods north and south of Stevens Creek Boulevard at Carmen Road. The adoption of a resolution to approve the Carmen Road Pedestrian Bicycle Bridge Feasibility Study will be discussed and voted on at the City Council meeting held on Tuesday, November 05 , 2019 . No budget or other action related to the design or construction of the project is being proposed at this meeting . Comments regarding this agenda item may be sent to City Council by email at citycouncil@cupertino .org_ or in person at the November 5 City Council meeting . Meeting Details Date: Tuesday, November 05, 2019 Time: 6:45 p.m. Location: Community Hall, 10350 Torre Avenue, Cupertino For more information about the project and to sign up fore-notifications , please visit www.cupertino .org/carmenbridge Change your eNotification preference . Unsubscribe from all City of Cupertino , CA eNotifications . 2 Grace Schmidt, MMC From: Sent: To: Yi Huang > Thursday, October 17, 2019 9:28 PM City Council Subject: Fw : City of Cupertino, CA: Carmen Road Pedestrian Bicycle Bridge Feasibility Study Updates Dear city council members, I live on Carmen Road (south of Stevens Creek Blvd), and I would like to invite you to have a bike tour on the route before making the decision of spending money on the feasibility study. Carmen Road on our side is not a wide street. and it was not a flat land, either. It hardly has enough space for two cars to pass if there are cars parked on the curbside. Also, It doesn't have good visibility of opposite traffic when driving uphills (going north). There's not much foot/bike traffic on Carmen Road right now, so safety is not an issue. Once the bridge is built, and foot/bike traffic increases, safety may be a concern. If we can foresee the problem now, why do we spend money on the feasibility study? My son bikes to school every day, so I'm not against bikers. I just don't think that Carmen Road is the safest route for them. You may agree with me if you come & check it yourself. Thankyou. · Yi Sun Huang -----Forwarded Message ----- From: Cit of Cu ertino <webmaster To:' > Sent: urs ay, cto er , , Subject: City of Cupertino , CA: Carmen Road Pedestrian Bicycle Bridge Feasibility Study Updates ffl CITYOF llliJ CUPERTINO Carmen Road Pedestrian Bicycle Bridge Feasibility Study Updates Date: 10/17/2019 1:54 pm Since November 2018, City staff has been studying the feasibility of a grade-separated bridge structure to provide a connection for pedestrians and bicyclists between neighborhoods north and south of Stevens Creek Boulevard at Carmen Road . The adoption of a resolution to approve the Carmen Road Pedestrian B icycl e Bridge Feasibility Study will be discussed and voted on at the City Council meeting held on Tuesday, November 05, 2019. No budget or other action related to the 1 design or construction of the project is being proposed at this meeting . Comments regarding this agenda item may be sent to City Council by email at citycouncil@cupertino.org_ or in person at the November 5 City Council meeting. Meeting Details Date: Tuesday, November 05, 2019 Time: 6:45 p.m. Location: Community Hall, 10350 Torre Avenue, Cupertino For more information about the project and to sign up fore-notifications , please visit www.cupertino.org/carmenbridqe Change your eNotification prefe rence . Unsubscribe from all City of Cupertino, CA eNotifications . 2 Grace Schmidt, MMC From: Linda Wegner > Sent: Thursday, October 17, 2019 8:23 AM To: City Council Subject: I support the building of the Carment Bridge, let me know when it comes up for a vote Linda Wegner Cupertino 1 Kirsten Squarcia From:Marylin McCarthy <m4@earthlink.net> Sent:Tuesday, November 5, 2019 4:22 PM To:City Council Subject:Carmen Road Bridge Concerns Follow Up Flag:Follow up Flag Status:Completed November 5, 2019    Dear City Council Members,     Due to a change in my schedule, I am unable to attend the city council meeting tonight.    Although there was a good discussion at the meeting held on May 29, 2019, there were some points that were not  mentioned while I was there.    For one, the residents who moved to Carmen Road I believe without exception moved there because it was quite. They  wanted to move to a location where there was little to no vehicle traffic and the only people who were walking or biking  on the streets where they lived where other residents. Now they are being asked to allow over 100 strangers a day to  enter their exterior living space.     Along with this increase in foot traffic or people parking their cars to cross the proposed bridge comes more noise, litter  and potential incidents of vandalism or theft.    The residents who live close to the proposed bridge lose the serenity, privacy and peacefulness of living there forever.     It was mentioned during the May meeting that students just do not want to get up in the morning a few minutes early to  allow enough time to use the existing crosswalks already in place at Foothill and Stevens Creek or at Phar Lap Drive.  Two students were present and they both confirmed that they just did not want to get up earlier to ensure they would  get to school on time using the existing crosswalks.     What a missed opportunity to educate young people on how they may need to better manage their time and allow for a  few extra minutes to get to school. Using the existing crosswalks would allow them to do so safely.        Since June I have driven or walked on this section of Stevens Creek daily at all hours in the early morning, late afternoon  and early evening when students would be crossing the road to get to the other side coming to and from school and  have observed less than a dozen students crossing Stevens Creek. So how is this bridge justified?        Posting crossing guards that both of the existing street crossings at Foothill Blvd. and Stevens Creek and Phar Lap and  Stevens creek  would enhance the safety and attractiveness of crossing at them. I am sure this would be much cheaper  and less invasive  for the surrounding neighborhoods on both sides of Carmen Road.    As a resident who lives just two blocks over from Carmen Road, I do not want to have this increase in foot/bike traffic  either for the above mentioned reasons.   2 Also I will now lose a wonderful view of the East Foothills. To turn right out of Janice onto to Stevens Creek going east  and see the beautiful view always reminds me of what this valley once was. A valley that was beautiful and very  productive in agriculture. To see snow on Mt.Hamilton is a wonderful sight and needs to be appreciated when it  happens.    As someone who worked over 41 years as a Clinical Laboratory Scientist I appreciate innovation and design maybe more  than others. Yet I also know that just because something is possible does not mean it should be implemented.    The proposed bridged will forever scare the view on Stevens Creek for the benefit of just a few people. It will impose a  loss of privacy to residents near the bridge that was one of the very reasons many moved to the area.    So as you now see I am not for the building of this bridge.       Thank you for the opportunity to voice my concerns.     Marylin McCarthy  10159 Cass Place  Cupertino, CA 95014  cc 11-5-19 Item #9 Tobacco Policies Written Communications 1 Cyrah Caburian From:Blythe Young <Blythe.Young@heart.org> Sent:Friday, November 1, 2019 3:32 PM To:City Council Subject:AHA Supports Flavored Tobacco Policy Attachments:Cupertino AHA Support Letter Nov 1 2019.pdf Dear Cupertino Council,     Please see attached letter of support for your flavored tobacco policy.     Best,   Blythe        Blythe Young  Community Advocacy Director   American Heart Association  426 17th Street | Oakland | CA | 94612  O  510.903.4038 | M 707.834.4399      2018-2019 Board of Directors Co-Chairs of the Board Tammy Kiely Dan Smoot Co-Presidents Michelle Albert, MD, MPH, FAHA Calvin Kuo, MD, PhD Chair Elect Matthew Scanlan Immediate Past Chair Chris Tsakalakis Immediate Past Presidents Alden McDonald III, MD Joseph Woo, MD Leadership Development Chair David Vliet, MBA Members At Large Susan Bailey, MD Durga Bobba Leslie Campbell, MD, FACC Jay Clemens Chuck Collins Michael Corey Mary Cranston Glenn Egrie, MD Mary A. Francis Jason Hall Mark Korth Nicholas Leeper, MD John Maa, MD Kenneth Mahaffey, MD Brian May Nisha Parikh, MD Bill Pearce Graham Poles Michael J. Roffler Carol Ann Satler, MD, PhD Lynne Sterrett Bob Swan Frank Tataseo Page West James Woloszyn Dana Weisshaar, MD Joseph C. Wu, MD, PhD Senior Vice President Maria Olson Bay Area Division 426 17th St, Ste. 300, Oakland, CA 94612 Phone (510) 903-4050 Fax (510) 903-4049 www.heart.org Dear Mayor and Council Members: The American Heart Association supports the proposal to prohibit the sale of Menthol tobacco products in the City of Cupertino. This proposed policy will reduce access to the products that are the tobacco industry’s key strategy for targeting and addicting new smokers, Cupertino’s youth. More than 80 percent of youth who ever used a tobacco product reported that their first product was flavored. Cigarette smoking is the leading cause of preventable disease and death in the United States, claiming on average 480,000 lives each year. Evidence shows that smoking increases the risk for heart disease and stroke. It increases the risk for blood clots, decreases the ability to exercise, and decreases the good cholesterol in our bodies. The best way to prevent tobacco-related illness and death is to prevent people from starting to smoke in the first place. The tobacco industry is actively and aggressively working to addict new young people, particularly those from communities of color, with flavored tobacco products. They know that flavors like grape, mint (menthol), cotton candy, bubble gum and gummy bears mask the harsh taste of tobacco and are highly appealing to youth. In California, approximately 1 in 10 young adults (18-24 years old) currently use e-cigarettes and mounting evidence shows that young people who start with e-cigarettes are likely to become the addicted cigarette smokers of tomorrow. Ending the sale of menthol tobacco products will help protect our community from tobacco addiction and is crucial to preventing tobacco-related death and disease. In your consideration of a flavored tobacco ordinance, please do not exempt menthol. The American Heart Association respectfully asks for your support of this vital health policy. We ask that you put the health of your constituents above tobacco industry profits and help ensure that all Cupertino residents have the healthy and prosperous lives they deserve. Sincerely, Michelle A. Albert, MD MPH Co-President, Board of Directors Bay Area Division, American Heart Association November 1st, 2019 Cupertino City Council 10300 Torre Avenue Cupertino, CA 95014 Cyrah Caburian From: Sent: To: Cc: Subject: Jennifer Shearin <shearin.jen@gmail.com> Saturday, November 2, 2019 9:46 AM City Council; Deborah L. Feng Grace Yao Support Approval of Tobacco Policy Agenda item #9 (11/5/19) Dear Mayor Scharf, City Councilmembers, and City Manager Feng, cc 11/5/19 Item #9 At this Tuesday's Council meeting, you will be considering changes to our City's Tobacco policy. As 10+ year resident (I am speaking only as a resident), 1 urge you to approve these changes, for the health and safety of the teens in our community. I have seen personally the changes that have occurred since my oldest daughter entered Cupertino High School to now, when my youngest is a sophomore there. There was little to no tobacco use and (of course) no vaping at Tino in 2012; now I hear from boys that they avoid using the school bathrooms, because they never know when it will be a cloud ofvape smoke. Principal Kami Tomberlain tells us in our PTSA meetings that this has become an enormous problem; anti-vaping assemblies and information have become a priority. The NIH says that teen e-cigarette use has doubled since 2017, and that 30% of teens that use them (even if just flavored, without tobacco) start smoking within 6 months. These are truly frightening statistics. We have the ability to mitigate this problem our local community, and one of the ways is to change our city's tobacco policy. Your vote yes on these policy changes are an important step in this direction and to show that the health and safety of our students is a priority for our city. 1 urge you to do so on Tuesday. Sincerely, Jennifer Shearin 19511 Howard Ct, Cupertino Note: in this email I am acting as a resident. It is not intended to represent the views of the Bicycle Pedestrian Commission or the City of Cupertino. 1 Cyrah Caburian From: Sent: To: Cc: Subject: Jennifer Shearin <shearinjen@gmail.com > Saturday, November 2, 2019 9:46 AM City Council ; Deborah L. Feng Grace Yao Support Approval of Tobacco Policy Agenda item #9 (11/5/19) Dear Mayor Sch a rf, City Councilmemb ers, and City Manager Feng, At this Tuesday's Council meeting, you will be considering changes to our City's Tobacco policy. As 1 0+ year r e sident (I am speaking only as a resident), I urge you to approve these changes, for the health and safety of the teens in our community. ·. I have seen personally the changes that have occurred since my oldest daughter entered Cupertino High School to now, when my youngest is a sophomore there. Th ere was little to no tobacco use and ( of cours e) no vaping at Tino in 2012; now I hear from boys that they avoid using the school bathrooms, because they never know when it will be a cloud of vape smoke. Principal Kami Tomberlain tells us in our PTSA meetings that this has become an enormous problem ; anti-vaping assemblies and information have become a priority. The NIH says that teen e-cigarette use has doubled since 2017, a nd that 30% of teens that use them ( even if just flavored , without tobacco) start smoking within 6 months. These are truly frightening statistics. We have the ability to mitigate this problem our local commun ity, and one of the ways is to change our city's tobacco policy. Your vote yes on these policy changes are an important step in this direction and to show that the health and safety of our students is a priority for our city. I urge you to do so on Tuesday. Sincerely, Jennifer Shearin 19511 Howard Ct, Cupertino Note: in this email I am acting as a resident. It is not intended to represent the views of the Bicycle Pedestrian Comm ission or the City of Cupertino. ' • Cyrah Caburian From: Sent: To: Subject: Ming-Hui Huang <murdockhuang@gmail.com > Sunday, November 3, 2019 12:34 PM City Council Agenda item #9: Support for new tobacco policies regulating the sale of tobacco • Dear Mayor Scharf, Councilmembers, and City Manager Feng, I am a resident of Cupertino and a parent at Cupertino High School. I would like to request you support and vote yes to approve the proposed new tobacco policy for Cupertino . We have seen the news reports about how vaping causing serious health problems and we would like to make the tobacco less accessible to our teens . Thank you for listening to residents about this important issue. Sincerely, Ming-Hui Huang 765 Stendhal Lane Cupertino 1 Cyrah Caburian From: Sent: To: Subject: Tera Nakano -Louie < parentprograms@tinoptsa .org > Sunday, November 3, 2019 4:59 PM debf@cupertno.org; City Council Agenda item #9: Support for new tobacco policies regulating the sale of tobacco Dear Mayor Scharf, Council members, and City Manager Feng, I am a parent of two students at Cupertino High School ages14 and 17 and a PTSA member. Please support and vote YES to approve the proposed new tobacco policy for Cupertino. My son says that he avoids using the bathroom at school due to the problem of students using the bathroom to vape . I do not want my kids exposed to second-hand smoke or vapors . We need to do all we can to discourage the use and sale of flavored tobacco products and educate our youth about the serious health risks to themselves and others . Thank you for listening to our concerns about this important public health issue . Best regards, Tera Nakano-Louie .. Cyrah Caburian From: City of Cupertino Written Correspondence Subject: FW: Support for new tobacco regulation policies in Cupertino From: Grace Yao <graceyao00@yahoo.com> Sent: Sunday, November 3, 2019 7 :43 PM To: City Council <CityCouncil@cupertino.org>; Deborah L. Feng <DebF@cupertino.org> Subject: Support for new tobacco regulation policies in Cupertino Dear Mayor Scharf, Vice-Mayor Chao, and City Council Members, and City Manager Feng : I am a constituent in Cupertino . I am a parent of 2 children at Cupertino High School, have an office in the city, and involved in school PTAs . I'm writing to support a model policy that would prohibit the sale of all flavored tobacco products, including menthol, and protect our youth and other vulnerable populations from deadly addiction . The creation of a strong tobacco retail license that includes license suspensions for retailers who are caught illegally selling to youth, restriction in the sale of tobacco near youth sensitive areas , as well as minimum price products . and packaging for tobacco. A study found that 81 percent of kids whol have ever used tobacco products started with a flavored products[3]. According to the 2016 Surgeon General's report, more than 85% of e-cigarette users age 12 -17 use flavored e-cigarettes, and flavors are the leading reason for youth use. More than 9 of 10 young adult e-cigarette users said they use e-cigarettes flavored to taste like menthol, alcohol, fruit, chocolate, or other sweets[4]. It has become increasingly clear that these products -which are now being sold in over 15,500 unique fruit, candy, and mint flavors -are specifically targeted to appeal to youth . We, as a society, have already seen the detrimental impact to one's health and the nation's wealth from addiction to nicotine . As intelligent as you are , you could comprehend what your vote can do to the city's young population . How would you feel about yourself if you don't pass the regulation policies. How would you answer the young people who ask why you didn't care more about their wellbeing when they didn't know better? These policies may not be perfect, but they are the first step and will send the tone to your constituents that Cupertino is taking tobacco sale to minors seriously. Tobacco use is the leading cause of preventable death in the United States[!]. Each year, an average of 480,000 Americans die as a result of tobacco-related diseases[2]. The best way to prevent tobacco from claim in g more lives is to prevent people from starting to smoke in the first place . If that wasn't troubling enough, the tobacco industry has a proven track record of marketing their products to other at-risk populations, including communities of color, the LGBT community, and low-income communities . This ultimately leads to disproportionately higher rates of use, and subsequently disease and death, by these groups . With the help of the [name of group] initiative, [jurisdiction] is in a position to take a stand to bring greater health equity and social justice to our residents . The evidence makes it all the more apparent that flavored tobacco products, including menthol, have a profound adverse impact on public health . A city-wide effort that would prohibit the sale of these products is a crucial step in protecting the community from the unrelenting efforts of the tobacco industry to hook them to a deadly addiction -a step that will ultimately save lives. Sincerely, Grace Yao 19520 Howard Ct 111carter B, et al. Smoking and Mortality-Beyond Established Causes . New England Journal of Medicine, 2015 :372 :631-40. 121u .s . Department of Health and Human Services . "The Health Consequences of Smoking-SO Years of Progress : A Report of the Surgeon General. Atlanta : U.S. Department of Health and Human Services, Centers for Disease Control and Prevention , National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014 . 131Ambrose, BK , et al., "Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014," Journal of the American Medical Association , published online October 26, 2015 l4IHHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta , GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Di sease Prevention and Health Promotion, Office on Smoking and Health, 2016. 1 1 Kirsten Squarcia From:Tricia Barr <tricia.tjernlund@gmail.com> Sent:Tuesday, November 5, 2019 3:46 PM To:Steven Scharf; Jon Robert Willey Subject:Fwd: Support of ban on flavored tobacco and adopting a tobacco retailer license Follow Up Flag:Follow up Flag Status:Completed Forwarding due to my earlier typos in your email addresses!  ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐  From: Tricia Barr <tricia.tjernlund@gmail.com>  Date: Tue, Nov 5, 2019 at 3:43 PM  Subject: Support of ban on flavored tobacco and adopting a tobacco retailer license  To: <liangchao@cupertino.org>, <sscharf@cuperino.org>, <rsinks@cupertino.org>, <dpaul@cupertino.org>,  <jwiley@cupertino.org>    Dear City Council,    I'm a parent of three kids, ages 10, 13, 16.  I'm worried for my kids and all our youth about the vaping epidemic and the  marketing tactics the tobacco companies are using to lure a new generation into nicotine addiction.    Please absolutely adopt a ban on the sale of flavored tobacco and e‐cigarettes and ban on the sale of tobacco products  in pharmacies.  Please also adopt the County's tobacco retailer license.    Today, just now, Santa Clara County Board of Supervisors voted to approve an ordinance that bans the sale and  distribution of e‐cigarettes.   Please, as soon as the other ordinances are adopted, (or in tandem, if possible without  slowing down), please adopt the ban on the sale of e‐cigarettes immediately after.    We need to take action now.      Thank you,  Tricia Barr  cc 11-5-19 Item # 10 Canyon View GP A Authorization Written Communications 1 Cyrah Caburian From:J. Maggie Yang <maggie.jyang@gmail.com> Sent:Thursday, October 31, 2019 4:27 PM To:City Council; City Clerk Subject:Please vote yes on Canyon View Project City Council Members, My name is Maggie Yang and I work at Apple in Cupertino. I love the good schools and the beautiful environment of Cupertino but couldn't afford a home here, so I was forced to buy a home in Fremont, and spend about two hours on commuting every single day. Please vote yes on Canyon View Project for providing more much needed single family homes! Thanks, Maggie Yang   1 Cyrah Caburian From:Yiren Wang <yrwang0715@gmail.com> Sent:Thursday, October 31, 2019 4:44 PM To:City Council; City Clerk Subject:Cupertino residents support Canyon View Project Dear Council Members,    My name is Yiren Wang and I live on 10325 calvert Dr near rancho, I support the Canyon View Development.    The development is still relatively low density that fits the hillside natural environment. The proposed trail connects Linda Vista  Park, Stevens County Park, and Fremont Older Open Space, which provides a safe route for locals to access the natural beauty in  this area.    Best,  Yiren Wang    1 Cyrah Caburian From:James Moore <cinco777@icloud.com> Sent:Thursday, October 31, 2019 8:08 PM To:Grace Schmidt, MMC Cc:Cupertino City Manager's Office; City Attorney's Office Subject:Fwd: Please post the Canyon View project GPA Authorization Application files accepted by Planning (Jeffrey Tsumura) on May 10, 2019 Hi Grace,    Please include this e‐mail in the Written Communications for Item #10 for the 11/5/2019 City Council meeting.  Thanks.    ******** Please include this e‐mail in Public Records *******      Begin forwarded message:  From: James Moore <cinco777@icloud.com>  Date: October 26, 2019 at 4:34:55 PM PDT  To: Erick Serrano <ericks@cupertino.org>  Cc: benjaminf@cupertino.org, cityclerk@cupertino.org, planning@cupertino.org  Subject: Please post the Canyon View project GPA Authorization Application files accepted by Planning  (Jeffrey Tsumura) on May 10, 2019  Hi Erick, Please post the files submitted with the Canyon View GPA Authorization Application on May 10, 2019. Please post these to the 2019 Second Cycle webpage. Cupertino residents want to view them.   To differentiate these May 10, 2019 originals from those created and posted in October 2019, please add Rev0 or Original or "your choice" to their filenames. Thanks. James (Jim) Moore Cupertino resident ****************. Please include this request in the Public Record **************** 1 Cyrah Caburian From:City of Cupertino Written Correspondence Subject:FW: Linda Vista Park Notification Sign for Canyon View project From: James Moore <cinco777@icloud.com>   Sent: Thursday, October 31, 2019 8:12 PM  To: Grace Schmidt, MMC <graces@cupertino.org>  Cc: Cupertino City Manager's Office <manager@cupertino.org>; City Attorney's Office <CityAttorney@cupertino.org>; City  Council <CityCouncil@cupertino.org>  Subject: Fwd: Linda Vista Park Notification Sign for Canyon View project     Hi Grace,    Please include this e‐mail in Written Communications for Agenda Item#10 for the 11/5/2019 City Council meeting.    ****** Please include this e‐mail in Public Records ******     Begin forwarded message:  From: James Moore <cinco777@icloud.com>  Date: October 27, 2019 at 12:20:16 AM PDT  To: Erick Serrano <ErickS@cupertino.org>  Cc: planning@cupertino.org, cityclerk@cupertino.org  Subject: Linda Vista Park Notification Sign for Canyon View project   Hi Erick,   The Notification Sign for the Canyon View project is now more approachable than its initial location. However, when the sun shines on it, the sign text becomes unreadable as the links of the fence create shadows. The two attached photos show what happens. This sign is made without an opaque backing, and is not readable for the better part of the day while attached to this fence. Please mount this Notification sign to a traditional stand with plywood backing, and install this stand at the SW corner of the Linda Vista Park access roadway where it curves toward the parking area. At this location, the left most paved path heads uphill to a play structure, and the right most paved path goes past the wood posts towards the parking lot. This location provides shade for visitor viewing, and the stand- mounted Notification sign will get maximum visibility from Park visitors. If you have questions on this recommendation, reply to this e-mail. If Planning is not responsible for sign placement, please let me know which department is responsible and I will contact them with this recommendation. Thanks. Jim Moore Cupertino resident ******** Please include this in the Public Record ***************** Photo of sign taken from roadway (11:32 AM Saturday) 2 Up close Photo of sign (11:32AM Saturday) PS: On Thursday morning, 10/24, about 9AM, I did not see this Notification sign when I walked my dog in LV Park. I saw it Saturday morning (10/26) about 9AM when I walked my dog in the Park. I walk my dog for two hours most mornings. I returned at 11:30AM Saturday to take photos and discovered the sign had been remounted to the fence at a location nearer to the entrance gate. The new location is more approachable (safer as there are no leaves covering its approach) but the sign is unreadable when the sun is shining on it. 1 Cyrah Caburian From:James Moore <cinco777@icloud.com> Sent:Thursday, October 31, 2019 8:15 PM To:Grace Schmidt, MMC Cc:Cupertino City Manager's Office; City Attorney's Office; City Council Subject:Fwd: Please remove the hearing for the Canyon View GPA Authorization from the 11/5/19 City Council Meeting Agenda Follow Up Flag:Follow up Flag Status:Completed Hi Grace,    Please include this e‐mail in Written Communications for Agenda Item #10 for the 11/5/2019 City Council meeting.    ******* Please include this e‐mail in Public Records *******    Begin forwarded message:  From: James Moore <cinco777@icloud.com>  Date: October 27, 2019 at 11:54:10 AM PDT  To: sscharf@cupertino.org, lchao@cupertino.org, Jon Robert Willey <jwilley@cupertino.org>, Darcy Paul  <dpaul@cupertino.org>, rsinks@cupertino.org, manager@cupertino.org, cityattorney@cupertino.org,  benjaminf@cupertino.org  Cc: "Grace Schmidt, Mmc" <graces@cupertino.org>  Subject: Please remove the hearing for the Canyon View GPA Authorization from the 11/5/19 City Council  Meeting Agenda  Please remove the hearing for the GPA Authorization for this Canyon View project from the 11/5/2019 Cupertino City Council Agenda. This Application, as submitted on May 10, 2019, did not meet City Submittal and Preliminary Plan Content Requirements as stated on Pages 3 & 4 of the Application submittal package. https://www.cupertino.org/home/showdocument?id=10804 Residents learned on Friday, 10/25/19, that the Canyon View Project documents submitted with its Application on May 10, 2019, were so lacking in content and clarity that the Planning Department did not understand the project proposal. This Planning Department assessment best explains why all the Project documents posted to the 2019 GPA Authorization webpage have creation dates of October 2019. It took until October 2019 for this Project's resubmitted documents to finally meet the City's Application requirements. Since there are City requirements for submitted Applications and these were not met by the Canyon View Project, it did not qualify for acceptance by the Planning Department for a 2019 Second Cycle review. Puzzling to residents, this project Application was listed online as a 2019 First Cycle Proposal until corrected on Wednesday, 10/23/19. It has now been improperly noticed to residents as a Cupertino City Council 2019 First Cycle GPA Authorization hearing on November 5, 2019. Please remove this hearing from the 11/5/19 Agenda as its Application did not meet City Submittal and Preliminary Plan Content Requirements when submitted five months ago. 2 You can confirm that the Canyon View Project Application submittal did not meet City Application requirements by comparing and contrasting the documents initially submitted with its Application in May 2019 to the October 2019 documents now posted to the 2019 GPA Authorization webpage. All posted Application documents were created in October 2019, five months after the Application was originally submitted. Link to posted documents created in October 2019 https://www.cupertino.org/our-city/departments/community-development/planning/major- projects/general-plan-amendment-authorization See Planning Department for Project documents submitted with its May 10, 2019 Application. Residents have requested these initially submitted documents be posted for Public review. James (Jim) Moore Lindy Lane Resident **************. Please include this request in Public Records ******************* 1 Cyrah Caburian From:James Moore <cinco777@icloud.com> Sent:Thursday, October 31, 2019 8:33 PM To:Grace Schmidt, MMC Cc:Cupertino City Manager's Office; City Attorney's Office; City Council Subject:Fwd: Canyon View Project lack of noticing Hi Grace,    Please include this e‐mail in Written Communications for Agenda Item #10 for the 11/5/2019 City Council meeting.    Jim Moore    ***** Please include this in the Public Record ****      Begin forwarded message:  From: James Moore <cinco777@icloud.com>  Date: October 29, 2019 at 1:16:36 PM PDT  To: xxxxx  Subject: Re: Canyon View Project lack of noticing  Hi,    Two neighbors on Lindy Lane, after our Saturday (10/26) mail delivery, told me they had not received the  Postcard.  Two told me they did, plus Sue and I received ours in the Saturday delivery.      Another on my Friday e‐mailed list did not receive the Postcard on Friday but appears to have left on an out‐of‐ town trip before the Saturday delivery.  I have not heard back from three others that had not received the  Postcard on Friday.  Without these neighbors' responses, I do not know if they received a Postcard on Saturday  (or maybe even Monday or today since Sue and I left for Tahoe Monday at 9:45AM).     So far it is a mixed bag on Postcard receipt thru Saturday mail delivery, 10/26.  Some did and some didn't.    Jim  1 Cyrah Caburian From:James Moore <cinco777@icloud.com> Sent:Thursday, October 31, 2019 8:50 PM To:Grace Schmidt, MMC Cc:Cupertino City Manager's Office; City Attorney's Office; City Council Subject:Fwd: Canyon View project - GPA Gateway application? Hi Grace,    Please include this e‐mail in Written Communications for Agenda Item #10 for the 11/5/2019 City Council meeting.    Jim Moore    ***** Please include in Public Record *****    Begin forwarded message:  From: James Moore <cinco777@icloud.com>  Date: October 23, 2019 at 10:16:15 PM PDT  To: xxxx  Cc: yyyy  Subject: Re: Canyon View project ‐ GPA Gateway application?  Hi,    I want to share some more insightful numbers on this proposed Canyon View project.      The length of the straight section of the road downhill that ends when it does a right angle turn onto the  roadway exiting Linda Vista Park is 1180'.     Elevation at the top of the straight road at its closest curve is ~ 610' and elevation at LV Park roadway is ~  450'.  Slope is ~ 14%.  Slope = rise/run or ((610‐450)/1180).  Drivers in a hurry on a 14% slope over a straight‐ away of 1180' can go fast.  I hope they're awake for their morning commute with good reflexes when they reach  the LV Park roadway.  If there is only a stop sign there, my experience living on a hilly corner of Lindy Lane for 39  years is that 20% will slow and stop, with the remaining 80% doing a CA stop and taking the turn as fast as they  think they can get away with.    Another interesting number is the average slope of the 25 home sites.  Sum their slope numbers on pages 4 & 5  and divide by 25 gives an average slope of 27%  (672.32/25).  As zzzz stated, riding a bike UP this steep a slope is challenging when the front wheel starts to lose contact with  the road.  In Sunday's 10/20 meeting, I learned that the owner has picked out his lot, Lot #6.  Lot#6 is the largest  and has the most flat space for building a rich man's house of 5,920 sqft.  If you look at all the SFH home sites  and their FAR sqft maxs, only the upper 10%ers (the lesser Rich) can afford to buy these homes.        We have a large retaining wall across from our home that has totaled a few cars.  The Lindy Lane slope past our  home is < 6% with a shorter straight‐away downhill.  Luckily, we haven't been hit though we did lose our corner  Stop Sign a month ago.  The firetruck came and then three police cars, and the woman's car was towed after an  hour wait by AAA.  Sue and I watched the red lights from our balcony and our dog barked.    Jim  1 Cyrah Caburian From:City of Cupertino Written Correspondence Subject:FW: We and our neighbors here on Lindy Lane have not received the Citywide Notification Postcard for the Canyon View GPA hearing on 11/5/2019 From: James Moore <cinco777@icloud.com>   Sent: Thursday, October 31, 2019 9:02 PM  To: Grace Schmidt, MMC <graces@cupertino.org>  Cc: Cupertino City Manager's Office <manager@cupertino.org>; City Attorney's Office <CityAttorney@cupertino.org>; City  Council <CityCouncil@cupertino.org>  Subject: Fwd: We and our neighbors here on Lindy Lane have not received the Citywide Notification Postcard for the Canyon  View GPA hearing on 11/5/2019    Hi Grace,    Please include this e‐mail in Written Communications for Agenda Item #10 for the 11/5/2019 City Council meeting.    Jim Moore    **** Please include this in the Public Record *****    Begin forwarded message:  From: "Deborah L. Feng" <DebF@cupertino.org>  Date: October 26, 2019 at 6:10:44 PM PDT  To: James Moore <cinco777@icloud.com>  Cc: "Grace Schmidt, MMC" <graces@cupertino.org>, Cupertino City Manager's Office  <manager@cupertino.org>, City Attorney's Office <CityAttorney@cupertino.org>  Subject: Re: We and our neighbors here on Lindy Lane have not received the Citywide Notification Postcard  for the Canyon View GPA hearing on 11/5/2019  Hi Jim,  Thanks for letting us know.  We will look into it and address it.    Deb    Sent from my iPhone  On Oct 26, 2019, at 1:35 PM, James Moore <cinco777@icloud.com> wrote:    Hi Grace,    I realize you are not working at the office today but still wanted to alert you that my neighbors  and I who live on Lindy Lane have not received the citywide Notification Postcard for the Canyon  View development proposal hearing on 11/5/2019.  I sent an e‐mail last night (Friday, 10/25) to  my neighbors and all responded that they had not received a Postcard on this  development.  Maybe? Today?    A Cupertino friend who lives two miles away received hers on Wednesday.  Another friend who  lives 1 1/2 mile away, on McClellan, received his on Thursday.  Yet my neighbors and I who live  2 in the next canyon over from Linda Vista Park (1/2 mile at the most) have not received this  promised Notification Postcard.    It appears to me, based on the limited evidence I've acquired, that those living farthest away  from Linda Vista Park are receiving Notification first.   Is this how a Citywide Postcard  notification works?  Farthest first, closest last?    The notified hearing date is 11/5/19, 9 ‐ 10 days from now depending on whether you count  11/5/19 as a notification day.  Is there a minimum notification requirement in # of days for a  development notification to residents?  What is that number or date (mm/dd) for this 11/5/19  hearing?    If we don't receive a Notification Postcard today (Hope Hope), I may make  copies of some of the online info and distribute to my neighbors so they are  aware of this development whose proposed street exits into Linda Vista Park, a  Park we all use, some neighbors daily.  I walked my small dog through the Park  2X this week.    Sincerely,  James (Jim) Moore  43 year resident  ***********. Please include this in the Public Record. ****************  1 Cyrah Caburian From:Munisekar <msekar@gmail.com> Sent:Thursday, October 31, 2019 9:40 PM To:City Council; Cupertino City Manager's Office Cc:City Clerk; Munisekaran Madhdhipatla Subject:Canyon View Project - GPA process and lack there of... Dear Mayor, Council and Manager,    I received a mailer from city on Oct 24, 2019 about an upcoming GPA authorization agenda item "Canyon View" on Nov 5, 2019.  Unfortunately, I will not be able to attend the meeting on Nov 5th due to travels; but, I want to make sure to register my voice.    On the surface, Canyon View project seems to be a reasonable‐density housing only project with 29 homes on 86 acres land. So,  my starting disposition was that I want to support this project. In general, I would like to support housing projects that seem  reasonable and fit with the character of our town.    As this is a GPA request and given the past history of bungled GPA requests, I started digging into this project little bit. I found  quite a few issues that raised my concerns that led my disposition from support to neutral. Here are my concerns...  1. The post card says "2019 First Cycle Proposal" but the city website says "2019 Second Cycle Proposal". Besides the  physical post card I received, even the soft copy of post card posted on our city website is inconsistent with the website.  How can there be such inconsistency?   2. I checked with some friends living closest to this property and none of them received the post card I received. Why no  post card to the people closest to this property?  3. The city staff seems to claim that this GPA proposal was submitted 6 or 9 months ago but the documents are being  posted online only about a week ago. Why secrecy?  4. The average grade of this property is 48% and every lot will have 20% to 30% average grade. In my opinion, it is too  steep.  5. The approach road to this property seems to have average of 14 or 15% grade of about 1000 feet long. I bike a lot and  go up Montebello road often. That road has an average slope of 7.9% and 16% at its steepest. The approach road to this  property is going to be twice steep compared to Montebello Road's average. When I biked on Welch Creek road with  25% grade, the my bikes front wheels were lifting up; I had to abandon the ride. This means, average people cannot walk or bike up this street with 14 ‐ 15% grade.  I get the impression that many residents are questioning how this project is being handled by the city staff. The last thing I want  to see is our residents losing confidence in our elected council like it was the case 4 years ago.    I request that you postpone the GPA request given the inconsistencies (First cycle vs. Second cycle) and rush nature. This will  give residents time to understand this GPA and support it appropriately.    Also, please make it clear to the city staff to handle sensitive city matters as transparently as possible and follow the process  very diligently. No short cuts or discretion what so ever.     Thanks for listening.    Muni Madhdhipatla  Cupertino Resident        1 Cyrah Caburian From:Danessa Techmanski <danessa@pacbell.net> Sent:Thursday, October 31, 2019 9:44 PM To:City Clerk Cc:Deborah L. Feng; Heather Minner; Darcy Paul; Steven Scharf; Liang Chao; Jon Robert Willey Subject:November 5th Canyon View Project Application, Item #10 Dear Grace,    In discussing the Canyon View Application with friends who live in that area It appears that folks are having difficulty  understanding the GPA criteria and cutoff requirements as it looks like the project missed the GPA cutoff date. Is there some  way that the City could clarify this process (for all projects) and make it available to residents on the City website to ensure that  our Planning Dept. is following the required process?     Perhaps this could be achieved for each development project with a simple standard flow chart posted on the City website so  that residents could easily follow the progress along. Each box in the chart could have a pending or completion date posted as  requirements are met. This will ensure that all steps are followed in the required order and that nothing gets skipped or exceeds  GPA deadlines.     Please include this email in the Written Communications for the 11/5/2019 City Council Meeting Agenda Item #10, and enter  it into the Public Record.      Thank you sincerely,  Danessa Techmanski      1 Cyrah Caburian From:Qing Wang <qingwubc@yahoo.com> Sent:Friday, November 1, 2019 11:51 AM To:City Council; City Clerk Subject:Vote YES on Canyon View Project Dear City Council, This is Qing Wang. I am writing to you in strong support of Canyon View Project. I live in Cupertino and also work in the city. Through the past few years I have seen housing price of Cupertino rocket through the roofs, and we don’t have enough house supply. For the sake of affordable housing for working families, I strongly request that members of our city council vote YES for Canyon View Project. Sincerely, Qing Wang, resident of Cupertino   Sent from my iPhone  1 Cyrah Caburian From:niusha taghvaei <niusha.taghvaei@gmail.com> Sent:Friday, November 1, 2019 6:23 PM To:City Council Subject:support Canyon View Project Dear Council Members, My name is Niusha and I work in the Cupertino area, I love the good schools and the beautiful environment of Cupertino but couldn't afford a home here, so I was forced to live Far and spend about two hours on commuting every single day. I support the Canyon View Project for providing more affordable units for needed single-family homes. Best Regards, Niusha 1 Cyrah Caburian From:City of Cupertino Written Correspondence Subject:FW: Canyon View project GPA Authorization Application Form: who signed and when? From: Maxcinco <maxcinco@comcast.net>   Sent: Friday, November 1, 2019 7:46 PM  To: Grace Schmidt, MMC <graces@cupertino.org>  Cc: Cupertino City Manager's Office <manager@cupertino.org>  Subject: Fwd: Canyon View project GPA Authorization Application Form: who signed and when?    Hi Grace,    Please include this e‐mail in Written Communications for Agenda Item #10 for the 11/5/2019 City Council meeting.    Jim Moore  Resident    ***** Please include in Public Records *****    Begin forwarded message:  From: Maxcinco <maxcinco@comcast.net>  Date: October 24, 2019 at 1:46:37 PM PDT  To: Erick Serrano <ErickS@cupertino.org>  Cc: planning@cupertino.org, manager@cupertino.org, CityCouncil@cupertino.org, cityattorney@cupertino.org  Subject: Re: Canyon View project GPA Authorization Application Form: who signed and when?  Hi Erick,    Thanks for responding.    Why is this, my request reminiscent of the idiom "like pulling teeth"?      In my latest e‐mail, I asked you to confirm that my interpretation of your most recent reply was correct re the  signer and the date on this Application form, and you didn't affirm or deny.     Then I asked to view the bottom 1 1/4" of this form when I stopped by this afternoon, and you responded that  you were unavailable this afternoon and could meet tomorrow.  I did not ask for a meeting.  I just want to view a  piece of paper.  Why is my simple request for two pieces of information and a viewing of that same paper  eliciting this amount of hesitance and obtuseness by City Planning staff?  Why is satisfying my simple request so  difficult?  Are your responses to my request as a Cupertino resident the norm for City Planning staff?  Please  advise.    I am, with this request and related research, trying to discover why Cupertino residents, like myself, did not  learn of this project until one week ago.  Why, if a GPA Authorization Form was supposedly submitted in May  2019, qualifying it for a First Cycle hearing, did residents not learn of this Application until one week ago, five  months after it was supposedly submitted and qualified?  I learned about this project from a P & R  commissioner on Friday, 10/18, attended a meeting hosted by the owner and Gilbert Wong on Sunday, 10/20,  visited Cupertino.org to learn more on this project, and found nothing.  Info on this Canyon View project  appeared only after Peggy Griffin, a fellow meeting attendee, inquired as to when this applicant's paperwork  2 would be posted.  The following day, Tuesday, 10/22, we were able to view some paperwork (digital), and  yesterday your name and e‐mail address was added as a Planning Department contact.    I've encountered numerous surprises regarding this project's non‐transparency to residents, and can only  explain its 5‐month delay in being kept from the Public, by accepting that this project and its associated City  Planning staff are in the Federal Witness Protection Program.    As a 40 year enjoyer of Linda Vista Park, I am not opposed to this housing‐only project.  I am opposed to its only  street access being the roadway/pathway to LV Park, as this project's construction traffic and subsequent  housing traffic would create an unsafe and dangerous access route for all those residents, 3/4s on foot and 1/4  by car, to this quiet, hilly, tree‐shaded neighborhood city park.   I live on Lindy Lane, one canyon over, and would  prefer that this project's street access be via the top of Lindy Lane.  The top of Lindy Lane, my street, abuts this  property via a roadway shown on the SCC GIS map.  More traffic for me and my neighbors but continuing safe  use of our neighborhood Linda Vista Park.    Jim Moore  43 year resident  408‐253‐4574    On Oct 24, 2019, at 12:17 PM, Erick Serrano <ErickS@cupertino.org> wrote:  Hi Jim,      I’m not available this afternoon to meet. I’m on counter tomorrow morning from 7:30am to  12:00pm. If you would like to come by then, I should be available.      <image001.png>  Erick Serrano  Senior Planner  Planning Division  ErickS@cupertino.org  (408) 777-3205  <image002.png><image003.png><image004.png><image005.png><image006.png><image007.png><    From: Maxcinco <maxcinco@comcast.net>   Sent: Thursday, October 24, 2019 11:55 AM  To: Erick Serrano <ErickS@cupertino.org>  Cc: City of Cupertino Planning Dept. <planning@cupertino.org>  Subject: Re: Canyon View project GPA Authorization Application Form: who signed and when?     Hi Erick,     Thanks for the timely reply.  Your reply appears to indicate that Jeffrey Tsumura, a co‐worker  and planner, accepted and signed his name at the bottom of this Canyon View Application Form,  and entered May 10, 2019 as the date he received and accepted this Application.    Is my  interpretation of your reply correct?  Please advise.     I will stop by the Planning Department this afternoon to view the bottom 1 1/4" of this Canyon  View Application Form.     Should I ask for you when I stop by?     Jim Moore  408‐253‐4574  3   On Oct 24, 2019, at 11:26 AM, Erick Serrano <ErickS@cupertino.org> wrote:  Hi Jim,      Another planner, Jeffrey Tsumura, took in the application on my behalf on May  10th. I was out of the office that day.         <image001.png>  Erick Serrano  Senior Planner  Planning Division  ErickS@cupertino.org  (408) 777-3205  <image003.png><image005.png><image007.png><image009.png><image011.png><image01    From: Maxcinco <maxcinco@comcast.net>   Sent: Thursday, October 24, 2019 11:21 AM  To: Erick Serrano <ErickS@cupertino.org>  Cc: City of Cupertino Planning Dept. <planning@cupertino.org>  Subject: Re: Canyon View project GPA Authorization Application Form: who  signed and when?     Hi Erick,     Thanks for your reply.  The only info I am requesting is at the bottom of the  Application Form.  Who (City staff name) signed at the bottom of the form when  the City accepted the Application, and what is the date they (City staff) entered  on the bottom of the form when they (City staffer) signed as accepting the  Application.     I am not interested in viewing any of the information entered by the Property  owner.  I know that information.  I am only interested in the City staff signature  and the staff accepted date shown at the bottom of the first page (cover page)  of the Application.       Call me at my Home landline number (408‐253‐4574) if you don't understand  and can't fulfill my request for these two entries at the bottom of this  Application form.     Jim Moore  408‐253‐4574      PS:  Block off all but the lower 1 1/4" of the Application form as I only want to  view this portion, the portion which shows the City Staff name and date  accepted. I will drop by your Planning Department today to view this bottom  portion of the Application.  Thanks.    On Oct 24, 2019, at 9:04 AM, Erick Serrano <ErickS@cupertino.org> wrote  Hello James,      The application was submitted May 10th, and signed by the  property owner and applicant Lixin Chen. Application forms are  4 not made available to the public because they contain personal  contact information.      <image001.png>  Erick Serrano  Senior Planner  Planning Division  ErickS@cupertino.org  (408) 777-3205  <image003.png><image005.png><image007.png><image009.png><image010.png><    From: City of Cupertino Planning Dept.  <planning@cupertino.org>   Sent: Thursday, October 24, 2019 8:25 AM  To: Planning Dept. <PlanningList@cupertino.org>  Subject: FW: Canyon View project GPA Authorization  Application Form: who signed and when?        Hi Planners,  Here’s a question from a resident from the general mailbox:     <image025.png>  Barbara Pollek  Office Assistant  City Manager's Office/City Clerk's Office  BarbaraP@cupertino.org  (408) 777-3253  <image026.png><image027.png><image028.png><image029.png><image030.png><    From: Maxcinco <maxcinco@     comcast.net>   Sent: Wednesday, October 23, 2019 5:32 PM  To: City of Cupertino Planning Dept. <planning@cupertino.org>  Cc: Benjamin Fu <BenjaminF@cupertino.org>; Piu Ghosh  <PiuG@cupertino.org>  Subject: Canyon View project GPA Authorization Application  Form: who signed and when?     Cupertino Planning Department,    I live near Linda Vista Park, and for 43 years, I have run or walked the Park's 1/2 mile loop trail an average of 2X a week with and without our family dogs. Last Sunday, I attended a meeting at the Cupertino Hotel on the proposed Canyon View Housing project. I was surprised to learn that an application hearing (see below) was scheduled for 11/5/2019. I asked the meeting hosts (owner and consultant) when the application was submitted to the City and did not receive an answer.    Since the Planning Department receives and processes these GPA Authorization Application forms and signs and dates them when accepted, please let me know via e-mail when (mm/dd/yyyy) this Canyon View application was accepted and who (name) signed. I understand that this information 5 that I am requesting is located near the bottom of the application's first page.    If this Canyon View Application form is available for viewing by residents, I would like to view it. Please let me know when, days and hours, that I can stop by the Planning Department to view this application.    Sincerely,  James Moore  Lindy Lane,  Cupertino  2019 FIRST CYCLE  The City received one application in the 2019 first cycle (deadline May 2019). The proposed project is to allow 29 units, where four units are allowed, on an 86-acre hillside property with an average slope ~48%. The project would require General Plan Amendments to change the existing General Plan Land Use Designation.   The item is tentatively scheduled to b heard by the City Council on November 5, 2019.   GPA Authorization GPAAuth-2019-01 postcard  Canyon View Project Description  Plan Set_1 of 2  Plan Set_2 of 2  cc 11/5/19 Item #10 Cyrah Caburian From: Sent: To: Cc: James Moore <cinco777@icloud .com > Sunday, November 3, 2019 6:41 AM Cupertino City Manager's Office City of Cupertino Planning Dept.; Grace Schmidt, MMC; City Council Subject: Fwd : Please post the Canyon View project GPA Authorization Application files accepted by Planning (Jeffrey Tsumura) on May 10; 2019 Hi Deb, I made this request seven (7) calendar days ago (5 business days) on Saturday, October 26, 2019 . A number of my friends and neighbors are interested in viewing the Canyon View project documents that were accepted, with its Application, by Planning on May 10, 2019, nearly six months ago . I have checked the 2019 Second Cycle webpage since my request and these documents remain unposted . Disappointedly, my week ago 10/26/19 request was never acknowledged . Sue and I returned from Lake Tahoe Saturday {11/2) afternoon and I drove into Linda Vista Park to view the CV project "notification" sign erected by the owner. The sign is on the chain l i nk fence in the same location as a week ago (Saturday, 10/26 @11 :32AM), but now has a full -size plywood backing so the sign is now readable in sunlight. I exited the car to read it. Obviously, since neither this single sign or the citywide Postcard mentions or shows its downhill access street term i nating in a right angle turn into Linda Vista Park, those residents and Park visitors that are curious about this CV project will fail to notice its use of the Linda Vista Park entrance . In the rendering of the development, its street use of the LV Park roadway is hidden by trees, and the text labeling of the Park location is positioned at the rightmost point of the rendering . This careless label positioning suggests the project and its only access street is a lengthy distance removed from the Park . Some might say the render i ng deceives those residents living west-of-Bubb who visit and use the many facilities at LV Park as it is their closest neighborhood City park . Jim Moore Resident ******** Please include this e-mail in Written Communications for Agenda Item #10 for the 11/5/2019 CCC meeting****** Begin forwarded message : From: James Moore <cinco777@icloud.com > Date: October 26, 2019 at 4 :34 :55 PM PDT To: Erick Serrano <ericks@cupertino.org > Cc: benjaminf@cupertino .org , cityclerk@cupertino.org , planning@cupertino.org Subject: Please post the Canyon View project GPA Authorization Application files accepted by Planning (Jeffrey Tsumura) on May 10, 2019 Hi Er ick, Ple a se post the files submitted with the Canyon View GPA Author ization Appl ication on May 10, 2019. Plea se p ost these to the 2019 Second Cycl e webpage. Cup ertino residents want to view th e m. 1 To differentiate these May 10, 2019 originals from those created and posted in October 2019, please add Rev0 or Original or "your choice" to their filenames. Thanks. James (Jim) Moore Cupertino resident ****************. Please include this request in the Public Record **************** 2 Cyrah Caburian From: Sent: To: Subject: Li Lin <norahlin@gmail.com > Sunday, November 3, 2019 1 :41 PM City Council; City Clerk Cupertino residents support Canyon View Project Dear Council Members , My name is Li Lin . I live on Flintshire st in Cupertino. And I support the Canyon View project. The development takes the hillside natural environment into consideration with a low density construction plan. The proposed trail will improve the accessibility of Open Space . I believe it will benefit the neighborhood residents . Best, Li Cyrah Caburian From: Sent: To: Subject: Rob Karr <robwkarr@gmail.com > Sunday, November 3, 2019 2:41 PM City Council Canyon View GPAAuth-2019 -01 Dear Council members; As a long-time Cupertino resident living on Linda Vista Dr., I would urge you to deny this application for a General Plan amendment . (Canyon View) It will save this developer the time and expense of developing a plan which should not come to fru it ion . Years of noise, dust, and traffic effects of construction in our quiet neighborhood, then the traffic increase new res idents would bring forever after are extremely negative living changes to our neighborhood . I implore you to not allow this to proceed. Respectfully, Robert Karr Cupertino 1 Cyrah Caburian From: Sent: To: Subject: LeeAnn Constant <lconstant97@yahoo.com> Sunday, November 3, 2019 2:49 PM City Council November 5 Meeting Agenda Item #10 Dear Council Members, I am writing in regards to the following , ""Subject: Consider whether to authorize the formal submission and processing of a General Plan Amendment application to allow 29 units where four ( 4) units are currently allowed on an 86-acre hillside property, on the west side of the City adjacent to Linda Vista Park, with an average slope of -48% which would require General Plan Amendments to change the existing General Plan Land Use Designation. (Application No.(s): GPAAuth-2019-01; Applicant: Lixin Chen; Location : APN(s): 356-27-026, 356-05-007, 356-05- 008 ." We, as well as many neighbors in our community, ask that the council refrain from changing the land use designation to accommodate the applicant. Land use designations set in the past were created for a reason , including , but not limited to preservation of the natural open space of land and creeks , prevention of erosion and landslides , and prevention of deforestation. We hope that the council pays close attention to the staff report items related to : Goal LU-19, General Plan Policy LU-12 .2,General Plan Policy ES-7 .8. While the builder might bring forth arguments such as need for single family housing or BMR housing, declining school enrollment, or additional tax revenue for the city , it does not change the fact that this application is requesting changes to the General Plan Land Use Designation that were created for public safety and preservation of the overall remaining natural geography . Thank you so much for your consideration . Andrew and LeeAnn Constant 11097 Linda Vista Drive Cupertino, CA 95014 408-515-7532 Cyrah Caburian From: Sent: To: Subject: Hi All, Danessa Techmanski <danessa@pacbell.net> Sunday, November 3, 2019 10 :20 PM Darcy Paul ; Steven Scharf; Liang Chao; Jon Robert Willey; Deborah L. Feng ; Heather Minner; Benjamin Fu Please Add to Council Packet for Item #10 for 11/5/19 Council Meeting I read this article all of the way through and it astounded me. It's not that any of it is necessarily new, but when you put it all together and stand back the gross reality of "open bribery" by developers in Silicon Valley is glaring. Is it so commonplace that we have become numb to it? You can slap a euphemism like "community benefit" on it, but when you weigh it all out most developer "gifts" come attached with even greater detriments to the public's welfare and quality of life . Things like the shells of performing arts centers that would never be self-sustaining come to mind, and so do inordinately steep nature trails that most folks would be reluctant to escalade. Certainly the Canyon View applicants can do better than that. Excuse the pun, but it's a slippery slope . Once we set the precedent of cutting into our pubic parks for project right-of-ways what do we tell the next developer who has a similar request? https://padailypost.com/2019/10/22/opinion-how-bribery-works-in-todays-world/ Best, Danessa Techmanski 1 , ,, The gift that keeps on giving Donate your car & save animals! Fast & Easy· Tax Deductible · Free Towing 1•1~11~ Post No. 1 in Palo Alto and the mid-Peninsula ARCHIVES ABOUT SPOTLIGHT OPINION COMMENT CONTACT H O M E > FAC EBOO K > Opinion : How bribery works in today's world Opinion: How bribery wo r ks in today's world 0 October 22, 20 19 8:00 am f OPI NION BY DAVE PRICE Da ily Post Editor Dave Price ® G+ AWARDS Ame ri ca has come a long way from the d ays of Tammany Hall, when a developer wou ld have to lug a bri efcase f ull of cas h to City Hall to pay o ff a poli tician i n ord er to get a proj ect app roved . To day, bri bery is done out in the open . Nobody gets arrested . Instea d of cash, the b r ibes are in t he for m of dog parks, branch libraries an d t eac her ho using . Facebook wants Men lo Park to approve its p lans for a 59 -acre 'Village" on Willow Road that ca ll s for 1.75 mi ll ion square feet of office space at an estima t ed cost of $255 million to $340 m illi on . It's th e biggest development proposa l in the m id -Pe n insu la's history after Stanford's req uest for 3.5 mi lli on square feet of development that is currently pend ing before t h e Santa Clara County Supervisors. Pick up the Post's print edition for local stories you won't find online OBITUARIES . JOBS Over 4,000 tradi tio nal and co ntempora ry rugs from lra ,i, Afghanistan, Pa ki stan, lll dia and Nepal. THE ORIENTAL CARPET BRUCE GOOD, PROPRIETOR 707 Santa Cruz Ave , Me nlo Park • (650) 327-6608 "Making Right Decisions" an inspirational talk with Leida Lessa ... Does prayer make a difference? e FRIDAY Nov 8th 7:00pm English Christian Science Reading Room 459 Californ ia Ave Palo Alto 94306 Childcare provided e SATURDAY Nov 9t h 1 :OOpm Engl ish Cubberley Community Centef" 4000 Middlefield Rd. Room Hl P<1l0Allo9'4303 e SATURDAY No v 9th 2:30pm Spanish Tomar decision« corrcctas Cubberley Community Centef 4000 Middlefield Rd. Room Hl Palo Alto 94303 AY welcome ! Sponsored by Flfst Olurch Chm.1. ~ntiS,t.P~to Alto FOfmore inform.ltim 650.327.1642 I www.cspaloa1to.org Coincidentally, Facebook said last week it would : • redevelop the Onetta Harris Community Center at 100 Terminal Ave . in east Menlo Park and include a branch library in the re-done building; • give $25 million to Santa Clara County to fund Supervisor Joe Simitian's effort to build 90 to 120 apartments for teachers on a 1 .5-acre plot of land near the Palo Alto courthouse on Grant Avenue. The timing of Facebook's philanthropy is striking. Facebook has been in Menlo Park since 2011 . This company, with a market cap of half a trillion dollars, has had ample opportunities to make such donations in the past eight years . Why now? I think it's because Facebook's Willow Road project is now moving through the city approval process, and the company needs some people to sing its praises. By promising a renovated community center and branch library, Fa cebook will coopt some vocal residents of Menlo Park's east side into becoming their advocates . Now they'll speak at every public hearing, urging the council to approve whatever Facebook has proposed, no matter how much it increases traffic or worsens the housing-jobs imbalance . This has happened before. In 2012, billionaire developer John Arrillaga, acting on Stanford's behalf, proposed a complex of office buildings, some as tall as 10 stories, at 27 University Ave . in Palo Alto, near the bus/train station. Arrillaga probably knew that Palo Altans wouldn't want 10-story buildings there. So he threw in a theater for the performing arts. The supporters of live theater, fans of Theatre Works, became the development's most vocal bloc of supporters . At every hearing, they would go to the microphone to talk about how badly Palo Alto needed a theater for live performances. It didn't work. ' Palo Altans soon figured out that the theater was just a piece of bait Arrillaga was stringing along to get council to approve the office towers that nobody wanted . (Residents also got wind of some behind-the-scenes wheeling-and-dealing Arrillaga was doing with the city council over some land he wanted near Foothill Park. Suddenly the theater-office complex was scuttled along with the land deal.) Are Menlo Park residents as smart as their neighbors in Palo Alto? In 2016, Menlo Park City Council approved a 420,000-square-foot development at 1300 El Camino after the developer added a dog park to the project. Never mind the environmental impact report that said the project would increase traffic by 25% in the surrounding area . Who cares as long as the city got that desperately needed dog park? When Facebook's high-powered negotiators saw that the council was wil ling to accept a dog park as a trade off, they must have realized they were dealing with rank amateurs who wouldn't demand much from them . And , true to form, council voted 4-0 last week to start negotiations with Facebook over the re-do of the Oneida Harris Community Center. Know your priorities Whi le it wou ld be nice to have a remode led community center and a branch library, those aren't the top priorities for most people in Menlo Park. The top two problems are a la ck of housing and the horrendous traffic. Facebook's Village will make both problems worse . It will bring 9,500 jobs to Menlo Park but only 1,750 homes, which will significantly worsen the housing-jobs imbalance. At the very least, Facebook should create housing for all of its new employees, so that those new workers aren't pushing others out of their homes. Learn More 1495 West EI Camino Real, Mountain View (660) 938-7846 Second ly, 9,500 more employees wi ll increase the traffic on Willow Road to gridlock conditions . More bike paths aren't going to so lve that problem. Council members need to have some courage. I got the impress io n from Tuesday's meeting that this was the first time some of the council members had been offered a bribe . They were so excited . I guess there's a thrill in knowing somebody wants to buy your vote. Full mitigation I would have liked to have seen some courage instead . They should have told Facebook that while the remodel of the Oneida Ha rris Center is a nice gesture, it w ill have zero impact on whether they approve the Village development. And the only way they'll approve the Village is if Facebook completely mitigates the housing and traffic problems created by this project. Half measures aren 't enough . The number of homes Facebook will build should equal the number of jobs they're creating . The homes can be nearby, like in North Fair Oaks or Redwood City . But they have to actually build the homes and tenants have to move in before they get a certificate of occupancy from the city for the Village . Anything short of that, council must have the courage to say "no -application denied ." You can't effect ively negotiate in a situation l ike this unless you have the willingness to walk away from the bargaining table . In general, I like development. But developers can't make the lives of their neighbors worse . That's when you have to say "no." It's either full mitigation or no permit. Editor Dave Price's column appears on Mondays . His email address is price@padailypost.com. « PREVIOUS New coalition f rom San Mateo County presses Stanford over growth NEXT » Sewer agency to fight former manager's bid for secrecy regarding $875,000 payout RELATED ARTICLES Stanford to pay $155.8 million to lessen expansion's impact on housing crisis 2 COMMENTS Rick Moen says : OCTOBER 23, 20191:03 AM AT 1:03 AM Massive Stanford project for El Camino up for approval; will increase traffic Dates set for final round of hearings on Stanford's growth permit Mr. Price , as always, you're a class act and one of the last true journalists. Well said . If I li ved in the Menlo Park city limits instead of unincorporated San Mateo County, I'd attend the next City Council meeting, hold up a copy of your editorial, point to it, and silently mouth 'Hey, read this!' In fact, I might do t hat anyway. Somewhere, Ben Hecht and Charles MacArthur are nodding in appreciation . HAVING TROUBLE CLEARING YOUR ACNE? ==== Look, Fee l, Be Beautiful at ==== fl■I We im plement a proven system t hat has hel ped so many of ou r cl ients achieve clear skin! INITIAL ACNE- 1 MANAGEMENT FACIAL : lnfo@parasolbeauty.com ) fi3'I i www.parasolbeaut'j.com j ~@parasolbeauty I ENERGY HOUSE The F'lrepl.ace Ex.perts VISIT ENERGY-HOUSE.COM GAS FIRE Pl.ACES • FIRERLACE INSERTS • OUTDOO~ FIJIEPI.ACES 1300 I NDUSTRIAL WAY #17, SAN CARLOS (6SO ) 593-1496 WE PUBLISH LEGALS The Daily Post has been adjudicated by the Superior Court of Santa Clara County as a newspaper of general circulation in the City of Palo Alto and County of Santa Clara , and is qualified to publish legal notices, including: • Fictitious Business Name Statements {FBNs) • Legal name changes • Petitions to Administer Estate {Probate) • Notices of Public Sale • Alcohol Beverage Licen ses • Service by Publication • Notices of Trustee's Sale • Family Law Summonses Just email or call (650) 328-7700 to place your legal advertisement. READ THE PRINT EDITION Rick Moen rick@linuxmafia.com ~ REPLY Tony Verreos says : OCTOBER 23, 2019 7:35 PM AT 7:35 PM How can we buy you off? Let us count the ways! I coined the term "soft corruption" to describe this phenomena -as Mr. Price said so well; it's all out in the open, and it's all legal. None of that makes it ethical. Our system has become so badly corrupted that even the best of people likely give in to this bribery by government system . I'm sure they all justify it as a necessary evil if you want to get anything accomplished . Too bad politicians and the public allowed corporations and uber rich individuals to buy the system that works best for them at the public's expense . Most of the public is either more concerned about their next beer, or uneducated to the point of not realizing they are paying to make others richer. Capitalism isn't the enemy, socialism/communism is . But in any system , its the career bureaucrats that either make it work better, or corrupt it even worse . ~ REPLY Leave a Reply Your email address will not be published. Comment Name Email Website D I'm not a robot reCAPTCHA Privacy-Terms POST COMMENT Only a fraction of the local news stories covered by the Daily Post appear on this website . To get all the local news, including many stories you can't find online, pick up the Post every morning at 1,000 Mid-Peninsula locations . RECENT COMMENTS MAREN ON Merchants become detectives and track down theft suspect CHARBAX ON 'Silicon Valley,' Season 6, Episode 2 -a billion dollars to violate your principles · KAIT ON Merchants become detectives and track down theft suspect NOT A WIN ON San Mateo County officials see Stanford's withdrawal as a win SOPHIE ON Merchants become detectives and track down theft suspect WW ON Opinion: Smell the air! Maybe I didn't stop smoking after all? DUE PROCESS BELIEVER ON Christine Blasey Ford breaks silence, says she was inspired by Anita Hill CATEGORIES Amazon Apple Atherton Belmont Burlingame Caltrain Celebrity File East Pa lo Alto Election 2018 Facebook Google Guest Opinion HBO's Silicon Valley Hillsborough In the news Los Altos Cyrah Caburian From: Peggy Griffin <griffin@compuserve.com> Sunday, November 3, 2019 11 :26 PM Sent: To: Cc: City Council ; Deborah L. Feng; City Attorney's Office City Clerk Subject: CC Agenda Item 10-Canyon View Project GPA Authorization Application Attachments: CC Resolution 15 -078 .pdf; GPA Authorization Application Form blank with highlights.pdf; 2015-09-01 ltem1 0G-GPA Authorization Flowchart.pdf; GPA Authorization Application History.pdf Dear Mayor Scharf, Council Members, City Manager and City Attorney, The GPA Authorization Application for the Canyon View Project should be pulled from the City Council November 5, 2019 Agenda and moved to the First Cycle of 2020 because it's obvious that the material was not "complete" and ready to be reviewed until late October at the earliest. Both the CC Resolution 15-078 which includes the procedures to be followed, combined with the GPA Authorization Application Form are posted on the City's website and make it clear what should be done yet the City Staff is not following these steps! You were elected to bring transparency and consistency-no special favors -no exceptions -just follow the rules yet again we find ourselves having to point this out to our City! PLEASE do not set this precedent for future projects! I've attached 4 files . Below are quotes from these files , all indicating that the project materials must be complete . Sincerely, Peggy Griffin Cupertino resident Attached 4 files are : 1. CC Resolution 15-078.pdf with sections highlighted in YELLOW 2. GPA Authorization Application Form blank with highlights in YELLOW 3. 2015-09-01 CC ltemlOG -GPA Authorization Flowchart.pdf 4. GPA Authorization Application History FILE 1 -CC Resolution 15-078 1. Page 2 states that the City Council adopts the attached procedures so what's approved is not only the words contained in the resolution but what's actually contained in the attached procedures . 2. Page 3, #2b states the "applications will be required to apply ... by a designated date." a. In the Canyon View Project case, May 10, 2019 . 3. Page 3, #2c states "In the quarter following the due date (generally), the Council will hold a publicly noticed meeting ... ". a. In this case, the CC presentation/review should have been sometime between June-Sept 2019, typically August 2019 -NOT almost 6 months later ! FILE 2 -GPA Authorization Application Form blank with highlights There are at least 4 separate places in the GPA Authorization Application Form that indicate that the application must be complete by the specified deadline . "Complete" should mean ready for review. 1. Page 2 of 5, 1'1 paragraph, states " ... The purpose of the pre-application conference is to determine if the application is ready for submittal." 1 2. Page 2 of 5, 2nd paragraph, states " ... We suggest you allow enough time prior to the application deadl i ne to prepare additional information or make changes in cases any are needed ." 3. Page 5 of 5, #2 " ... The purpose of the pre -application conference is to determine if the application is ready for submittal. ... " 4 . Page 5 of 5, #3 " ... Incomplete applicat ions will not be considered . Applications filed after the printed deadline will be considered in the next cycle (typically after six months). 5. Page 5 of 5, #5d Noticing ... "City-wide postcard ... " Many of the residents living closest to this proposed project were not notified! A stack of postcards were given to the Post Office to distri bute without addresses . Some got delivered, some didn't. FILE 3 -2015-09-01 CC ltemlOG-GPA Authorization Flowchart.pdf This is how the process was proposed to the public. Every 6 months there would be a review of the completed applications that were submitted for the 6-month cycle. Allowing this Canyon View Project application to be reviewed means you've got another one in January, 2 months away! This is like allowing them each to just trickle in one at a time which was NOT what was intended! FILE 4 -GPA Authorization Application History These are the dates the GPA Authorization Procedure and subsequent applications were reviewed as far as I can tell. I had to search all the records from 2015-present to come up with this list so I may have missed one . They have never dragged on this long after the deadl i ne! 2 RESOLUTION NO. 15-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING PROCEDURES FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS WHEREAS, on December 4, 2014, the City Council adopted an amended General Plan titled Community Vision 2040, which reflects community input, regulatory changes, best practices, and the desire to achieve community-building, sustainability, economic, and fiscal objectives; and WHEREAS, the City has been evaluating various progr ams to manage development to address development issues in light of concerns about rapid growth and the impacts of such growth overwhelming the City's ability to accommodate it, as well as the substantial impacts of development on quality of life in the community; and WHEREAS, as part of its evaluation process, the City has considered Community Business Incentive Zoning (CBIZ) and Growth Management programs; and WHEREAS, while CBIZ and Growth Management programs can be effective in metering growth and providing for community benefits, they can be difficult to administer, are limited by legal requirements and do not provide the flexibility for managing growth and its substantial impacts on the community; and WHEREAS, California Government Code Section 65358(a) provides that: "If it deems it to be in the public interest, the legislative body may amend all or part of an adopted general plan. An amendment to the general plan shall be initiated in the manner specified by the legislative body ... . "; and WHEREAS, each mandatory element of the City's General Plan may be amended no more than four times during any calendar year and, subject to that limitation, "an amendment may be made at any time, as determined by the legislative body" (Cal. Gov. Code 65358(b)); and WHEREAS, the City's Municipal Code does not address the timing or initiation of general plan amendments; and WHEREAS, rather than pursue a CBIZ or Growth Management program, the City desires to set forth an orderly process, in accordance with its legislative discretion, to consider General Plan amendments and ensure that proposals are fairly considered in light of the City's goals and concerns about growth; and WHEREAS, the City has prepared General Plan Amendment Procedures to provide a process for preliminary review of proposed amendments; and WHEREAS, the City Council conducted a public hearing on the proposed procedures on May 19, 2015, and the Council directed staff to provide more information and options at a future meeting; and WHEREAS, the City held an Open House on the General Plan Amendment Process on June 30, 2015, and the City Council held a Study Session after the Open House; and Resolution No. 15-078 Page2 WHEREAS, at the Study Session, the Council directed staff to look at options that allowed for applications twice a year and that provided a reevaluation process; and WHEREAS, the procedures include, among other things: (1) notice provisions to ensure the public has an opportunity to comment; (2) evaluation criteria to ensure general plan amendments that move through the application process are in the public interest and meet the City's goals for development, including provision of community amenities; and (3) requirements for requesting preliminary review of a proposed General Plan amendment; and _ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby adopts the General Plan Amendment Procedures attached hereto, subject to minor revisions as may be made by the City Manager in consultation with the City Attorney. The City Council hereby authorizes City staff to rocess proposed General Plan amendments in accordance with the General Plan Amendment Procedures and to take any and all other actions necessary to implement the procedures. · PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, the 1st day of September, 2015, by the following vote: AYES: NOES : ABSENT: ABSTAIN : ATTEST: Members of the City Council Sinks, Chang, V aidhyanathan Paul, Wong None None Grace Schmidt, City Clerk APPROVED: Rod Sinks, Mayor, City of Cupertino . , Resolution No. 15-078 Page3 PROCEDURES FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS 1. Background/Goals Like many communities throughout the State, Cupertino is concerned about balancing the benefits of economic development with the effects of rapid growth. The impacts of such growth can overwhelm the City's ability to accommodate it and affect the quality of life in the community. The goal is to create a procedure for the consideration of future General Plan amendments that will encourage orderly development of the City and ensure that facility/service and quality of life standards can be met for the community. These procedures only address amendments requested by private parties. The City may initiate General Plan amendments when it deems necessary, such as, to conform to State law or to ensure consistency within the General Plan. 2. Procedure a . The Council will consider the timing and processing of General Plan amendments twice a year, approximately every six months. b . In order to be considered for processing, aEplicants will be reguired to apply for authorization to process a General Plan amendment by a designated date. c. In the quarter following the due date (generally), the Council will hold a ublidy noticed meeting to preliminarily review the list of proposed General Plan amendments . d. Noticing -City-wide postcard and public meeting requirements. e . Each application will be preliminarily evaluated for the following: (i) General Plan goals achieved by the project, including, but not limited to, the following: (1) Site and Architectural design and neighborhood compatibility (2) Brief description of net fiscal impacts (sales tax, transient occupancy tax or other revenue provided by the project) including a diverse economic base (3) The provision of affordable housing ( 4) Environmental Sustainability (ii) General Plan amendments (and any other zoning amendments or variances) requested. (iii)Proposed voluntary community amenities, as defined in Section 3, if any. (iv)Staff time and resources required to process the project. £. Based on the above evaluation the Council will consider which projects, if any, will be authorized to proceed with a General Plan amendment application. The decision does not in any way presume approval of the amendment or project. It only authorizes staff to process the application, but the City retains its discretion to consider the application in accor dance with all applicable laws, including the Califo rnia Environmental Quality Act Resolution No . 15-078 Page 4 ("CEQA") and the City's zoning laws and ord:inances. Consideration of the application will be :in accordance with the City's Municipal Code and regulations. g. Staff will beg:in process:ing the General Plan amendment applications per Council direction. A project that applies for processing should be in substantial compliance with the project authorized by Council. h . Proposals not authorized by the Council at the first meet:ing (per 2 .c. above) may be resubmitted with m:inor amendments within 30 days . Such projects will be considered by the Council at a future public meeting, noticed per the Cuper tino Municipal Code, after staff review. 3. Voluntary Community Amenities a . For purposes of this policy, voluntary community amenities are defined as facilities, land and/or fund:ing contributions to ensure that any development with a General Plan amendment application enhances the quality of life :in the City, includ:ing enhancements of the following: (i) School resources (ii) Public open space, such as parks and trails (iii)Public facilities and utilities, such as library, community center or utility systems (iv)Transportation facilities with an emphasis on city-wide bicycle, pedestrian and transit improvements, such as community shuttles, pedestrian and bicycle bridges, and transit centers/stations 4. Prelim:inary Review Requirements a. Preliminary documents that would be typically required for the type of application that is requested, such as site plans, prelim:inary landscape plans, elevations, cross sections, preliminary grad:ing plans and proposed materials. b . A description, :includ:ing graphics, of the General Plan amendment(s) and land use approvals required, if any. The description should :include diagrammatic information as necessary to clearly expla:in the request. c. An explanation of how the proposed project meets the overall goals of the General Plan and the benefits/impacts of the project to the community and its quality of life . d . A brief summary of net fiscal impacts . e. In or der to provide the public with early notice and opportunity to provide input, to the extent the proposed project includes voluntary community amenities, as def:ined in Section 3 above, of a type typically memorialized :in a development agreement, the applicant should include a Term Sheet explaining the proposed terms. The Term Sheet will be memorialized in a Development Agreement as part of the project, if approved. fl GPA AUTHORIZATION APPLICATION FORM Community Development Department 10300 Torre A venue (408) 777-3308 / Fax (408) 777-3333 Cupertino, CA 95014 planning@cupertino.org CUPERTINO http :/ /www.cupertino.org/planning Property Owner Phone (w) Phone (h) X Street Address Fax Cell City, State, Zip Code E-Mail Project Contact Person Phone(w) Phone (h) X Street Address Fax Cell City, State, Zip Code E-Mail Project Address APN (s) Brief Project Description 1 certify that the foregoing statements are true and correct to the best of my knawledge . I understand that the application may not be considered if I or my authorized representative is not present at the scheduled meeting or if I have misrepresented any submitted data . I understand that this application is not a planning or land use application authorizing me to move fonvard with development. This application is being submitted as a preliminan; matter to determine whether I am able to move fonvard with processing of a proposed general plan amendment . If I am able to submit a project application , including an application for a general plan amendment, in the future , I acknawledge and agree that the Citi; retains full and complete discretion to consider any future planning or land use application in accordance with all applicable laws , including CEQA and the City's zoning ordinances. As such, I acknowledge that such future application may be denied in City's discretion , notwithstanding any determination that it may be processed . I understand application fees are nonrefundable. X Applicant's Signature Date I declare under penalty of perjury that I am th e owner of said property or have Power of Attorney (atta ch cop y) from said property owner and that I consen t to the abo ve -described application and 1 authorize City staff to visit th e site in order to take photographs, slides and/or videotape that may be shown at a city meeting . I understand application fees are nonrefundable. X Property Owner's Signature Print Property Owner's Name Date Staff..use onhr Application accepted m; __ on Cycle Year: __ Number (circle one): First / Second Sheet 1 of 5 GPA A11t/1 Sept 2015.docx revis ed 10/9/15 II PRE-APPLICATION FORM Community Development Department 10300 Torre A venue (408) 777-3308 / Fax (408) 777-3333 Cupertino, CA 95014 planning@cupertino.org CUPERTINO http:/ /www.cupertino.org/ planning PLEASE NOTE: A pre-application conference is required 2rior to submittal on all a12.12 lications. !T he purpose of the pre-application conference is to • ,tletermine if the arplication is ready for submittal. I Application fees are nonrefundable. Please call 408-777-3308 to schedule a time for the review of your application materials. I We suggest you allow enough time prior to th~ application deadline to prepare additional information or make changes in case any are needed. I Please bring this form to the pre-application meeting for a signature. Please include this .form in your a'Jll!.lication submittal Application Request: Comments: Signed (planner) Date As a part of the application review process, Cih; of Cupertino employees may visit your site in order to take photographs, slides and/or videotape . These materials may be shown at a cihJ meeting . Sheet 2af 5 GPA A11tlt Sept 2015.docx rev ised 10/9/15 SUBMITTAL REQUIREMENTS Community Development Department 10300 Torre A venue Cupertino, CA 95014 (408) 777-3308 / Fax (408) 777-3333 planning@cupertino.org CUPERTINO http:/ /www.cupertino.org/planning 1. □ Application Form: The application must be signed by the legal owner of the property or by an individual with Power of Attorney to represent the legal owner, and the applicant, if different. Proof of Power of Attorney must be provided. Include the project contact person on the form . 2. □ Application Fee and Deposits: a. Fees will be collected based on the Hourly Staff Time rate. For the 2015-2016 Fiscal Year, the fee is $143/hour. An estimated deposit amount, determined by staff, shall be collected . b. Consultant contracts amounts are payable by the applicant. Please note that a contract management fee e ual to 10% of any contract amount will be charged. c. De osits will also include noticing and postcard deposits. d . Additional deposits may be requested, as required. e . All application fees are non-refundable. 3. □ Comprehensive Project Description: Must include a description of how the proposed project meets the overall goals of the General Plan and the benefits/impacts of the project to the community and its quality of life . 4. □ Project Plans: a . Please include information on the next page . b . Please submit: Six (6) sets of 24" by 36" plans, Two (2) sets of 11" by 17" plans, one (1) digital PDF plan set (CD ROM or eq.), Material Boards. c. All materials must be folded to 8 ½" x 11", printed side up. d . 24" by 36" size plan set must be at a min . scale of 1/8" = 1' or 1:20 e . Plan sets of different sizes than those indicated above will not be accepted . f. All exhibits must be dated. Revision dates must be included if applicable. g . All digital files must be in PDF format h. In the event of updates to plans, additional plans will be required. Additional plan sets include one (1) 24 " x 36"set, two (2) ll"xl7"sets and one (1) digital PDF set. 5. □ Summary of Net Fiscal Impacts of the proposed project 6. □ Voluntary Community Amenities, if any: Voluntary Community Amenities should be listed in a Term Sheet format. These are defined as facilities, land and/or funding contributions to ensure that any development project requiring a General Plan Amendment enhances the quality of life in the City, including enhancements of the following: a . School Resources b. Public Open Space, such as parks and trails c. Public Facilities and utilities, such as libraries, community center or utility systems d. Transportation facilities with an emphasis on city-wide bicycle, pedestrian and transit improvements, such as community shuttles, pedestrian and bicycle bridges, and transit centers/stations . 3 Shee t of 5 GPA A11 th Form Sept 2015.docx revised 10/14/IS PRELIMINARY PLAN CONTENT REQUIREMENTS Community Development Department CUPERTINO 10300 Torre A venue Cupertino, CA 95014 (408) 777-3308 / Fax (408) 777-3333 planning@cupertino.org http:/ /www.cupertino.org/planning (*) Denotes items that must be verified by a civil engineer (stamped on plan) unless waived in writing. • General Plan Land Use Designation o Current and o Proposed, if any changes • Zoning Designation o Current and o Proposed, if any changes • Scale & north arrow • Vicinity map • Site Area (sq. f.t and acres) o Net Area (*) o Gross Area (*) • Lot line dimensions • Proposed program (in sq. ft ./units) o All building areas o Breakdown by type of use • For residential portions of projects: o Density o Units by Type and Bedroom count o Typical unit plans and sizes • Setbacks o Required per code/Specific Plans and o Proposed • Site Plan including building wall line and eave line o Existing and o Proposed • Location of Existing Buildings on adjoining properties and identification of their uses • Plans should indicate and graphically depict o General Plan Amendments requested o Zoning Variances or Exceptions requested • Preliminary Floor Plans • Preliminary Grading Plans including topography and elevation of adjoining properties o Existing (*) and o Proposed • Preliminary Elevations showing heights: o Elevation at top of curb o Elevation at Existing(*)/Proposed Finished Floors • Preliminary Architectural Renderings • Proposed Materials and Colors • Preliminary building cross-sections o Relation to street grade o Relation to structures on adjoining properties • Public Improvements o Dedication Area o Sidewalk, Curbs • Driveways/Parking • Loading/Unloading areas • Parking o Required and o Proposed • Preliminary Landscape Plans and Recreation Areas (sq . ft. and% of net lot area), existing (*), required and proposed: o Private Open Space fJ o Residential Common area, not including setback areas o Non-residential Common area o Public Recreation Areas, if rovided • Phasing Plans, if any pro osed Sheet 4 of 5 G PA A 11th Form Se pt 201 5 .docx revi sed 10/14/1 5 GENERAL INSTRUCTIONS AND PROCESS Community Development Department 10300 Torre A venue Cupertino, CA 95014 (408) 777-3308 / Fa x (408) 777-3333 planning@cupertino.org CUPERTINO http:/ /www.cupertino.org/planning 1. Prepare Plans and Application materials (Refer to Submittal Requirements) Follow the instructions carefully; be sure to include all required content, in the proper sizes and number of copies . In the event of any questions, do not hesitate to contact the Planning Department. 2. Pre-application Conference Please discuss proposal with planning staff members prior to submittal. Contact De artment to set u p a required p re-application conference . e purpose of the conference is to determine if the a lication is read}.'. for submittal and a lication fees . 3. Submit Application Materials the Planning _ _......,..,1-ication Refer to the website (www.cu ertino.or aauthorization) for the filing deadline of your a lication. Check for comeleteness. Incomplete applications will not be considered. Applications filed after the rinted deadline will be considered in the next c de tYP.icall}.'. after six months . !4. Staff Review Upon receipt of the application, staff will review and evaluate each complete and timely application based on the criteria identified in the City Council policy. If additional information is required of the applicant such information will be conveyed to the applicant. The applicant will have 14 days to submit any additional information. Additional information provided after staff analysis and staff report is provided to the City Council will not be analyzed. 5. Noticing for Public Meeting The date of the Public Meeting will be decided by the City Manager or his or her designee after close of the application deadline. The determination of the date may be dependent on the number of applications receiv ed. This meeting will be noticed as follows: a. City's website; b . In accordance with the Brown Act, with no public hearing noticing required; c. Site signage -4' by 6' size -prepared by city staff; printed, weather-proofed and posted on two 2 by 4's firmly staked in ground by ae licant. Number of signs to be coordinated with staff; and d . City-wide postcard which will include the meeting date, time, location. It will also include a map of the project locations and information on where to find additional information. 6. City Council Meeting The applicant will have an opportunity to present their application limited to 10 minutes, or less if directed by the Council. The Council will deliberate and decide, upon hearing from staff, the applicant and the public, whether to authorize certain projects, if any, to proceed with a General Plan Amendment and associated applications. Authorization does not guarantee approval of any proposed amendment or project. All applications for subsequent processing must be in substantial compliance with the preliminary project. 7. Resubmittal Proposals not authorized by the Council may be resubmitted with minor amendments within 30 days of the initial meeting. Resubmitted projects will be considered by the Council at a future public meeting approximately within 60 days of close of resubmittal period. The process and noticing will be same as for the initial meeting except that postcard noticing is not required. 5 Sh eet of 5 GPA A11tl1 Form Sept 2015.docx revised 10/14/1 5 II CUPERTINO ~ I Year-long timeframe I ~eadline fo~iannual Cy~ Prellmlnary Submittal Application 1A Preliminary Submittal Application 1 B ~ ~ City-wide Postcard, Notificatio n. Agenda , Posting, Web Notice, •blast t ' ' ' .. ~ S.S._• -----~-~ @,' ..... .It ..... -➔ .!.!£--~ ... ,-.. '/A ~ "' 1 Application City Council Preliminary Submittal Revi ew MHting Application 1 C , , ,' Preliminary Submittal Appllcatlon 1 D ,' Application 1A Authorind for Procnsing Application 1 B Authorized to Submit Additional Documentation ' , .,. within 30 days ,. Application 1 C to Su~:~0,t~d:iona'I ,i Docume ntation within JO days ·ex Application 1 D Not Authorized for Processing. Has to wait one biannual cycle before a pplying ~ ~ Age~~~:.~s:~~r~s~•b Application 18 /A Authorind for , , Processing ' , . , City Coundl'''' •• Meeti ng X Application 1 C Not Authorized for Processing . Has to wait one biannual cycle be fore applying. Prellmlnary Submittal Application 2A ,Preliminary Submittal Application 28 Preliminary Submitta l Appll catlon 2C Preliminary Submittal Application 20 l ' l I Deadline for Second Biannua~ ' ' ' ~ ~ City-wide Postcard, Notification, Agenda Posting, Web Notice, e-blast ' • t ~-➔ @ Application Review City Council Meeting ex Application 2A Not Authorized for Processing. Has to wait one biannual cycle before a pplying Applicat ion 2B AuthoriHd to Submit Additional Documentation , ,, ,, ,, " within 30 days , ' ._ Application 2C ' ' Authorized , to Submit Additionat' Docume ntation within 30 day, • Application 2D Authorized for Processing ~ ~ Agenda Posting, Web Notice , e-blast ' ,ex ; Applicatio n 28 i ' Not Authorized -, @ ' for Processing . Has to ._ • wait one b iannual cycle .~-~ before apply ing ---,!-!.--! , - ' . City Council Meeting Applicatio n 2C Authorized fo r Proce ssing GPA Authorization History and Process • 2015 -05 -19 : CC held public hearing on proposed procedures . o RESULT : CC directed Staff to provide more info and options at a future meeting • 2015 -06 -30 : City Open House on Amendment Process followed by CC Study Session o RESULT : CC directed Staff to look at options that allowed for applications twice a year and provided a reevaluation process • 2015 -09 -01 : Staff returns with updated procedure and options o RESULT : CC passes Resolution 15 -078 with attached "General Plan Amendment Procedures" • 2016 -02-02 : GPA Authorization-2016 First Cycle Applications o RESULTS : BOTH projects DENIED o Goodyear Tire Site -new hotel • 270-rooms • 9-story (~105 ft • ~5, 727 sf conference and restaurant space • 1.23 acres • 208 parking spaces • GPAs requested • Hotel room allocation -270 rooms • Height > 45 feet • Slope line< 1:1 • Community Amen it ies • Complementary use of conference facilities on weekends when available • Shuttles fo r guests and employees o Oaks Site -new mixed use development (office, hotel and residential uses) • 280,000 sf 88 -foot office building • 70-foot hotel ~9700 sf of conference space and restaurant • 60 -foot mixed use buildings with • 270 residential units with 70 sen ior units {30 affordable units) • 47,660 sf commercial space • 1972 parking spaces • 7.79 acre site • GPAs requested • Office allocation -280,000 sf • Hotel room allocation -200 rooms • No office is planned or exists • Common Landscape space-reduced from 70-80% to 25% • Reduced building setbacks -44 ft to 24 ft 6 in . • Parking -reduced • Community Amenities -qualified total $4 .lM or $5.49/sf • Permanent school rooms • Public open space improvements • Civic Center contribution • Public Art • Public Transportation • Senior Shuttle • Community Amenities -unqualified total $4 .18M • Parcel tax • Signage • Stevens Creek Blvd improvements -required • 72 parking passes for De Anza Students • Affordable housing • Office incubator • 2017-03-07 : 2017 First Cycle Applications o RESULTS : DENIED o Scandinavian Furniture Site -new office use, not retail • 1 addition totaling 1.92 acres • 197 parki ng spaces, need 1 space/250 sf • 1790 sf addition total i ng 28,029 sf wanted • GPA-16,000 sf office for incubator or medical office • 2017-08 -15 : 2017 Second Cycle Applications o RESULTS: • 16A and 16B APPROVED (Resolution 17-072) • 16C -DENIED o 16A -Hotel at Cupertino Village o 16B -Hotel at Good Year Tire store site o 16C -Oaks Shopping Center • 2018 -01 -16 : o RESULTS : Application withdrawn by applicant o Oaks GPAAuth-2017-02 • 2019 -01 -15 : o RESULTS: APPROVED (Resolution19-010) o Goodyear Tire Hotel -GPAAUTH -2018-01 • 2019-11-05 : o RESULTS : ?? o Canyon View Project : GPAUTH -2019-02???? Cyrah Caburian From: Sent: To: Peggy Griffin <griffin@compuserve.com > Monday, November 4, 2019 1 :13 AM City Council Cc: Subject: City Clerk; City of Cupertino Plann i ng Dept.; Deborah L. Feng Nov. 5, 2019 CC Agenda Item 10-Canyon View Project Concerns Dear Mayor Scharf and Council Members I have the following concerns below regarding the Canyon View Project . There are several aspects of this project that could increase the City's liability significantly and increase maintenance costs not to mention potentially making access to Linda Vista Park dangerous . Up-zoning a parcel that cost $2M just two years ago would instantly benefit the owner but degrade the quality of life for the surrounding neighbors and park users . Sincerely, Peggy Griffin Canyon View Project Concerns 1) Dangerous park entrance ... Sharing access to Linda Vista Park entrance. The entrance to the park is not that wide to safely handle a) Pedestrian traffic, people with strollers or small children, elderly b) Increased two-way traffic c) Bikes d) Construction trucks e) People speeding down the proposed road 2) Proposed road ... it's a long straight 14% grade ending with a sharp right turn at the bottom, at the park entrance. a) 14% slope is a really steep road b) Maintenance problems-the curve at the top is along a very steep slope and would be prone to sliding. City should not own the road! 3) Fire ... There is only one way out. If a fire breaks out on the lower portion of the road, all these people have no way out in very steep terrain. 4) ADUs ... 29 homes means potentially 58 additional ADU units . That's potentially 87 families, increasing traffic, load on resources (water pressure) and impacting existing residents. a) No additional parking per unit required b) 4 ft setbacks 1 c} Homes are required to clear a large border around their house for wildfires . This means each ADU would need to do it, too. This could leave a barren hillside with buildings. 5} Slope ... The postcard says the average slope is 48%! a} The site areas for homes still have an average slope in the 20's% 6} Water pressure ... existing homes in the area already say they do not have adequate water pressure in the mornings. How will they be impacted when there are more users? 7} Community Benefit ... the proposed trail would be a} essentially just a sidewalk at a 14% grade along the side of the road b} At the top, it dumps into a path that is around 30% grade. c} Q: Who is benefiting in this exchange -neither of these sections are usable for most people? d} Q: Is it just a land donation or does it also include the trail design and development? e} Q: In the 30% grade section, would switchbacks be used or left as a path straight path uphill? f} Cost of this trail is very expensive! In 2014, $2,625,000 + possibly an additional $1.3M (see 2014 Parkside Trail Feasibility Study PDF page 7 of 60 Trails C and D, Footnote 6). 8} BMR ... Getting 6 BMR units is great but if the City owns them on unstable ground, that's a BIG liability for the City. a} Q: Will the City buy the 2 BMR tri-plex sites and develop the homes or buy them already built? b} Q: Which works best for the City? c} Q: What level of BMR? The disabled level does not make sense given the slopes involved. d} Q: What services are nearby? e} Q: Is it cost-effective to build BMR here where the slopes will increase the construction costs? Can you even get funding to help build when it would be much cheaper to build on flat ground? 9} Why is this project proposed on 3 parcels instead of just the one parcel where the development is proposed? a} Will rezoning give entitlements to the other parcels that they don't have now or to the other portion of the property at the old quarry site? b) What about the other half of the parcel where the old quarry is located? c} Phase 2 -what are the plans for it? We've heard plans for additional future development. 10) If this is allowed to go through the gate and then is found to not be feasible or requires fewer homes, a} Q: Does the Council have the courage/strength to say "No"? 2 Cyrah Caburian From: Sent: To: Subject: Anne Ng <anneng@aol.com > Monday, November 4, 2019 2:42 PM City Council canyon view project (agenda item 10) Honorable Councilmembers : Please authorize the Canyon View Project General Plan Amendment application to proceed. If the plan survives the process and the EIR, it will add 29 much needed housing units, 23 of them market rate, I assume, but likely more affordable than the 4 mega-mansions that might result with the current zoning . And 6 of them will be affordable condos. The housing will be concentrated on the least challenging terrain, leaving the surrounding steep slopes as protected open space . As a fan of the Stevens Creek Trail and trails in general, I highly endorse their offer to build a public trail through the property that might connect Stevens Creek Trail with Fremont Older Open Space and/or Stevens Creek County Park in the future. Anne Ng 6031 Bollinger Road Cupertino Cyrah Caburian From: Sent: Raj iv Mathur < rajiv_mathur@stevenscreektra i l.org > Monday, November 4, 2019 3:19 PM To: City Council Subject: Canyon View Project -Cupertino City Council meeting Nov 4, 2019 , Agenda Item 10 Hon'ble Mayor and Councilmembers, The Friends of Stevens Creek Trail was invited to a presentation on the Canyon View Project in Cupertino. The owners propose building a trail from Linda Vista Park through their property that would reach towards the Fremont Older Open Space Preserve and Stevens Creek County Park. This could potentially comprise another segment of the Stevens Creek Trail. If feasible, the Friends believe this could be a positive step for Stevens Creek Trail and add another valuable open space asset to the city and the region . The Friends support including a multi-use trail in further studies of the Project . Sincerely, Rajiv Mathur Executive Director Friends of Stevens Creek Trail FRIENDS OF STEVENS CREEK TRAIL 1 Cyrah Caburian From: Sent: To: Cc: Subject: Attachments: Shani Kleinhaus <shanibirds@gmail.com > Monday, November 4, 2019 3:36 PM City Council Katja Irvin ; ldrruff psychology; Alice Kaufman Item 10 on 11/5/19 agenda : please deny consideration of a General Plan Amendment Environmental Group Letter -Cupertino GP Amendment -Canyon View .pdf; SJ Memo attachment.pdf Dear Mayor Scharf and Cupertino City Council, Please consider the attached letter from the Santa Clara Valley Audubon Society, the Sierra Club Loma Prieta Chapter, the California Native Plant Society Santa Clara Valley Chapter, and the Committee for Green Foothills. In our letter, we ask the Cupertino City Council to deny consideration of a General Plan Amendment that would set in motion a formal submission and processing of the Canyon View development. We also attach a current memo from San Jose, to highlight the importance of keeping open space undeveloped. Respectfully, Shani Kleinhaus Shani Kleinhaus, Ph .D. Environmental Advocate Santa Clara Valley Audubon Society 22221 McClellan Rd . Cupertino, CA 95014 650-868-2114 advocate@scvas.org 1 Santa Clara Valley Audubon Society Est ablished 1926 November 4 , 2019 COMMITTEE FOR GREEN FOOTHI LL S To: Mayor Scharf and Cupertino City Council VJ SIERRA CLUB LOMA PRIETA Re : Item 10 on 11/5/1019 agenda: Consideration of Municipal Code Amendments On behalf of our members in Cupertino and surrounding communities, Santa Clara Valley Audubon Society, the Sierra Club Loma Prieta Chapter, the California Native Plant Society Santa Clara Valley Chapter, and the Committee for Green Foothills ask the Cupertino City Council to deny consideration of a General Plan Amendment that would set in motion a formal submission and processing of the Canyon View development . Over the years, development proposals for these and nearby properties have been proposed, but they have always failed because residents and the City Council understood how fragile the landscape is, how critical it is to the welfare of wildlife species in the area, and how development there would burden the City of Cupertino with geological hazards and fire risks. Indeed, most of the wildfires that have devastated communities in recent years were caused by a spark from vehicles, electric infrastructure, or maintenance equipment or tools . Other jurisdictions are currently looking to minimize the risks and maximize the benefits that the natural landscapes around them offer. San Jose voters have dedicated 50 million dollars to purchase land in Coyote Valley and this week, the City will announce the permanent protection of 937 acres in Coyote Valley (please see memo attached) to provide habitat for wildlife, and green infrastructure protection to the City . Environmental review is not needed to understand the scope of risks that development at the proposed location would impose upon the City and its residents, and the degradation in quality of life it would bring . In this time of climate change and global threats to biodiversity, sprawls development into natural open space areas would repeat the mistakes of the past -the same mistakes that have resulted in tremendous losses to local and migratory bird species [recently published studies show that birds are vanishing from North America1 and that most bird species may become extinct due to the cumulative pressures of development and climate change\ 1 https://www.nytimes .com/2019/09/19/science/bird-populations-america-canada.html 2 https://www.theguardian .com /environmen t/2019/oct/10/bird-species-extinction -north -america-climate- crisis devastating wildfires , and the permanent loss of carbon-absorbing forests and habitat. To plan for resilience in the face of climate change , development in the urban-rural interface should simply stop . Let's focus housing growth in the City 's core , not its natural surroundings. The staff report shows that the proposed General Plan amendment is inconsistent with the ex isting General Plan protections of hillsides and nature, including General Plan Goal LU-19 that seeks to preserve and protect the City 's hillside natural habitat and aesthetic values , including Strategy (LU-12.1.1) to limit development on ridgelines , hazardous geological areas and steep slopes . Hundreds , if not thousands of California native trees will have to be removed to allow construction as well as wildfire "defensible space" buffer from homes , roads and infrastructure, and the Stevens Creek Corridor -a critical wildlife movement corridor -will be negatively impacted. General Plan Policy ES7 .8 (Natural Water Courses) requires retention and restoration of creek beds, riparian corridors, watercourses and associated vegetation in their natural state . The degrading of the General Plan land use designations that apply to the hillside area will create a precedent for more similar projects to be proposed , and will thereby exacerbate the harm and hazards the Canyon View subdivision would cause . Lastly , we believe the time has come to create safe trails on existing infrastructure rather than impact our remaining riparian corridors. We can provide point access to our natural treasures , rather than continuous trails that damage them . The proposed trails would unnecessarily harm the precious natural habitat in this area . Please deny consideration of this General Plan Amendment. Respectfully , Katja Irvin, Consecration Committee co-chair, Sierra Club Loma Prieta Chapter Shani Kleinhaus Environmental Advocate, Santa Clara Valley Audubon Society Alice Kaufman Legislative Advocacy Director, Committee for Green Foothills Linda Ruthruff, Conservation Chair California Native Plant Society, Santa Clara Valley Chapter CITYOF ~ SANJOSE CAPITAL OF SILICON VALLEY TO: CITY COUNCIL SUBJECT: COYOTE VALLEY RECOMMENDATION COUNCIL AGENDA: ITEM: Memorandum FROM: Mayor Sam Liccardo Vice Mayor Chappie Jones Councilmember Sergio Jimenez Councilmember Raul Peralez Councilmember Pam Foley DATE: November 1, 2019 Accept the staff recommendation with the following additional direction: 1. Appoint the Santa Clara Valley Open Space Authority (the Authority) to lead an inclusive and visionary master planning process for North Coyote Valley that focuses on the properties protected through the partnership between the City of San Jose, the Authority, and the Peninsula Open Space Trust (POST). The planning effort should: a. Establish an executive committee comprised of representatives from the Authority, the City, and POST to engage partners, community stakeholders, and importantly the broader public in the planning process. b. Adopt a comprehensive vision and establish goals that include, but are not limited to: 1. Wildlife connectivity, habitat conservation and restoration; 2. Floodplain restoration; 3. Climate resilience; 4. Low impact, nature-based public access. c. Consider the larger context of North Coyote Valley and the surrounding mountain ranges and open spaces to plan for wildlife connectivity and wildlife crossing infrastructure, opportunities to restore and reconnect creeks and floodplains, connections to nearby parks and regional trails, nearby agricultural operations, and opportunities for unique visitor amenities. d. Aim to create a unique natural area that will be a major destination in San Jose, the entire San Francisco Bay Area, and the Nation. . ' .. COUNCIL AGENDA November I, 2019 Subject: Coyote Valley Page 2 2. Direct staff to pursue public funding -including all regional, state, and federal opportunities -to support both the master planning process and conservation improvements. Additionally, staff should support the pursuit of private partnership opportunities that the Authority and POST will collectively pursue. 3. Direct staff to collaborate with the Authority and POST to implement a short term activation plan that provides controlled public access to the acquired properties -while the planning process is underway -such as docent-led tours and nature walks. BACKGROUND We are close to realizing our common vision for Coyote Valley, and we applaud the Herculean effort it has taken to get here. A long list of individuals and organizations deserve recognition for their hard work , collaboration, and persistence over the past four years. We also stand on the shoulders of others who have pushed for preservation in decades past. We now have the opportunity to consider the largest municipal investment in natural infrastructure in California's history : 937 acres of irreplaceable open space. With Coyote Valley's preservation, we achieve important gains in resilience for our entire region-a substantial buffer against threats of wildfire, drought, and flood. We secure critical habitat for more than 200 species of birds and local wildlife, and we provide them a safe place of passage through our sprawling urban landscape. We ensure a supply of clean water by protecting Santa Clara Valley's largest freshwater wetland, creeks, and groundwater basin, and we prevent the degradation of water quality that inevitably comes with development atop a shallow aquifer. We provide green space for generations of children to enjoy and experience nature. Finally, we double down on our commitment to smart growth-focusing jobs, housing, and transit together -to halt the growth in greenhouse gas emissions, consistent with our Climate Smart San Jose goals. But we didn't always see it this way. · Coyote Valley has captured the imagination of San Joseans for generations, but also has sat within the crosshairs of development proposals-for everything from Apple's world headquarters, to campuses for Tandem, Cisco, and Xilinx, to tens of thousands of units of housing. Only recently did we start to embrace a more future-focused vision for Coyote Valley - one that views nature and green infrastructure as our allies in the face of climate change. Our residents got it quickly, though-when we presented this vision to voters through Measure T, it passed with 71 percent of the vote. To bring this new vision for Coyote Valley to fruition, we must embark on a thoughtful master planning process that includes the City, our partners, community stakeholders , and the public. Given their expertise in managing and restoring natural lands, the Open Space Authority should lead the planning effort to guide the executive team, stakeholders, and core technical and strategic teams towards long-te1m future use and management of the preserve consistent with Measure T, the Coyote Valley Landscape Linkage vision , and the Conservation Easement. In addition to engaging those who have invested themselves deeply in this effort, we should also cast a wide net to include others whose voices should be heard. COUNCIL AGENDA November 1, 2019 Subject: Coyote Valley Page 3 In keeping with the will of the voters, the plan for Coyote Valley should focus on a comprehensive vision and set of goals that embrace nature and green infrastructure. We can maximize the benefits of Coyote Valley for both people and wildlife by restoring ecosystems, creeks, and floodplains, building wildlife crossing infrastructure, and providing carefully- planned trails that are sensitive to nature for residents and visitors to enjoy. We must also prioritize equity and inclusivity as we plan for a Coyote Valley treasured and enjoyed by our entire community. Considering the planning process may take two to three years, we should work with our partners to provide residents with guided access to the properties in the interim. The success of the planning and restoration processes hinges on our ability to access public and private funding. The Open Space Authority should consult with POST and the City to develop creative financing solutions to secure near-term funding for the planning process, ·as well as funding sources to pay for priority site improvements and recommendations that emerge from the final plan. City staff should pursue public dollars to support planning and restoration efforts, such as those that are made available through the Habitat Conservation Plan, budget delegation requests, and Assemblymember Ash Kalra's AB 948. · Gratitude and Generational Gifts First and foremost, we thank the San Jose voters, who, when presented with the choice-in the words of Mayor Tom McEnery-always "choose the future." They validated the need for a new vision for Coyote Valley with the passage of Measure T last year, providing up to $50 million for the City's investment in that vision. We express immense gratitude to Andrea Mackenzie and Walter Moore, the respective leaders of the Open Space Authority, and POST, who came to Mayor Liccardo's office four years ago armed with an ambition to secure Coyote Valley for future generations. Getting a deal done required much hard work-and land owners with an enlightened view of their self-interest- namely, Diane Brandenburg and John Sobrato. It also demanded collaborative and creative perseverance of their lead negotiators, Bill Baron, the late Eric Brandenourg, and Tim Steele. We thank City staff, especially Nanci Klein and Danielle Kenealy for steering the City through a unique and extremely complex land purchase negotiation and transaction. Of course, we thank the many advocates-the Sierra Club, Santa Clara Valley Audubon Society, Committee for Green Foothills, Greenbelt Alliance, California Native Plant Society, Keep Coyote Creek Beautiful, Mothers Out Front, and many more--who fought for and helped us to see the environmental and generational benefits of preserving the valley. We thank them for their support of Measure T, and for never losing sight of their longstanding ambition to preserve this small slice of creation for future generations. With this agreement, we offer an invaluable gift to our children and future generations. As the Great Law of the Iroquois urges, "Make every decision mindful of how it will impact the next seven generations. " Our preservation of Coyote Valley makes good on our collective obligation of stewardship for our-and more importantly, their-planet. .. Cyrah Caburian From: Sent: To: Cc: Subject: Lisa Warren <la-warren@att.net > Monday, November 4, 2019 11 :22 PM City Council; Benjamin Fu; Piu Ghosh ; Deborah L. Feng City Attorney's Office; City Clerk Canyon View GPA -City Council Nov 5, 2019 meeting Agenda Item 10 To All Recipients of this email, Please consider this message as a brief communication of my thoughts on the current proposal in the foothills of Cupertino referred to as 'Canyon View' project. Most, if not all, of you have been sent several emails related to this proposed project that would require a very 'heavy' general plan amendment(s). The involved parcel, and others that surround it have been discussed many times over the years. I have discussed this proposal with several residents/people . The time frame for discussion and research has been very short due to the noticing schedule, and website postings. I did not receive any e-notifications related to GPA proposals -only a postcard. I have read some of the information and concerns that Peggy Griffin has presented to you via emails, including attachments. I share many of her concerns and have some of my own. 'Process' and 'proposal' issues both exist in this case. It is premature to be seeing this project on a CC agenda. If time permits tomorrow (Tues. Nov 5) , I will send an additional email with more detail. I simply wanted to send something now so that there is a better chance it will be reviewed prior to your meeting tomorrow evening. Thank you. Lisa Warren Cyrah Caburian From: Sent: To: Cc: Subject: Liana Crabtree <lianacrabtree@yahoo.com > Tuesday , November 5, 2019 10:48 AM Steven Scharf; Liang Chao; Darcy Paul ; Rod Sinks ; Jon Robert Willey; Cuperti no City Manager's Office City Clerk; City Attorney's Office; City of Cupertino Planning Dept. Oppose: 11/5/2019, Agenda Item 10, Canyon View Development Proposal Honorable Mayo r Scharf, Vice Mayor Chao , Council Members Paul, Sinks, and Willey , and City Manager Feng: Please include this letter as part of the public record for Agenda Item 10. "Canyon View Development Proposal General Plan Amendment (GPA)," for the 11/5/2019 meeting of the City Council. I oppose the approval of the Canyon View Development Proposal GPA because the site is not suitable for housing. Please consider the State of California's 2019 construction mandate laws AB 68 and SB 330 and their apparent impact on the Canyon View parcels. AB 68 Ting, Approved by Governor, 10/9/2019, Land Use: Accessory Dwelling Units " ... (4) Existing law requires ministerial approval of a building permit to create within a zone for single-family use one accessory dwelling unit per single -family lot, subject to specified conditions and requirements . This bill would instead require ministerial approval of an application for a building permit within a residential or mixed-use zone to create the following : (1) one accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling (emphasis added) if certain requirements are met; (2) a detached, new construction accessory dwelling unit that meets certain requirements and would authorize a local agency to impose specified conditions relating to floor area and height on that unit; (3) multiple accessory dwelling units within the portions of an existing multifamily dwelling structure provided those units meet certain requirements; or (4) not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to certain height and rear yard and side setback requirements ... " LINK: https ://leginfo.legislature .ca.gov/faces/billNavClient.xhtml?bill id=201920200AB68 It appears that if Council chooses not to grant the GPA proposed for the Canyon View project in Agenda Item 10, the State of California entitles the property owner to build 12 housing units on its 4 residential parcel lot (4 dwellings + 4 accessory dwelling units [ADUs] + 4 junior accessory dwelling units [JADUs]). It appears that if Council chooses to grant the GPA proposed for the Canyon View project in Agenda Item 10, the State of California entitles the property owner to build 75 housing units on its 4 residential parcel lot (6 triplex homes + 23 dwellings + 23 ADUs + 23 JADUs). SB 330 Skinner, Approved by Governor, 10/9/2019, Housing Crisis Act of 2019 "(BJ (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943 . In determining the amount of fine to impose, the court shall consider the local agency's progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section . Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to , Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds . The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or /ow-income households ... " LINK: https://leg info. legislature . ca .gov/faces/billT extCl ient.xhtml?bill id=201920200SB330 It appears that if the property owner exercises its right build the ADU + JADU combination per parcel as entitled by the State of California and those un its are determined to serve the housing needs of "very low, low-, o r moderate-income households," then any interference from the City to disapprove the entitled construction could result in fines of at least "at least $10,000 per housing unit in the housing development project on the date the application was deemed complete." Due to concerns raised by many other area residents about access (road slope + ingress/egress), stability during an earthquake , fire defense , and the reduction of nearby parkland , the Canyon View site presents itself as unsuitable for any housing--though 2019 construction mandate laws appear to prevent Council from removing the 12 entitled housing units. However, Council is not required to make an unsuitable housing proposal worse by approving the Staff recommended GPA to add an additional 25 to 71 housing units to land that is better suited for land trust preservation than housing. Best option of all is if the City and Council could reject the GPA, redirect the property owner to an entity/foundation interested in growing the land trust, and then encourage the sale of the Canyon View property into the land trust. Please reject the Canyon View Development Proposal GPA because the site is not suitable for housing. Sincerely, Liana Crabtree Cupertino res ide nt Representing myself only "It is difficult to get a (person) to understand something when (their) salary depends on not understanding it." -Upton Sinclair 2 I Cyrah Caburian From: Sent: To: Cc: Subject: Rose Grymes <ragrymes@gmail.com> Tuesday, November 5, 2019 11 :35 AM City Clerk; City Council ; City Attorney's Office ; Cupertino City Manager's Office Peter Friedland Comments to Canyon View Project GPA Authorization We write to present our concerns with, and opposition to, the currently proposed Canyon View Project. The project proposes development adjacent to Linda Vista Park, Fremont Open Space, and county parkland that is not in keeping with the complexion of the Monta Vista community and does not serve the interests of the Cupertino community at large . The development would irretrievably alter the environment, leading to loss of green space watershed, and natural habitat while foreseeably increasing fire danger and hillside instability. The proposed density of the development far exceeds current zoning; the aspect of the current GPA is in place for good and substantial reasons . Development in line with the GPA may be warranted, while the exception or amendment as proposed is not. Certainly housing-most specifically housing accessible to moderate, low, and fixed-income residents-is desirable for the city and current/future residents . We should not confuse this larger issue with the Canyon View Project, which seeks instead to vastly increase the windfall value of the property to the developers by enabling primarily the construction of large prestige homes on dramatically sloped canyon hillsides in a new cul-de-sac development with limited access for emergency/safety/fire services . Certainly increased access to open spaces through trails are desirable. The proposed donation/provision of such access does not currently present the best outcome for the city or residents . The locations proposed are not optimal-they are excessively steep and will be difficult to maintain . The Council, Planning Department, and Planning Commission should not accept such minimal proffers. Finally, communications to and engagement of neighborhood residents have been shockingly absent. These issues were the subject of prior letters and emails from ourselves and others. This has been a great disappointment and will lead, we understand, to reexamination of some current internal procedures. Rose and Peter Friedland 22111 Lindy Lane Sent from my iPad 1 Cyrah Caburian From: Sent: To: Cc: Subject: Liana Crabtree <lianacrabtree@yahoo .com > Tuesday, November 5, 2019 1 :01 PM Steven Scharf; Liang Chao; Darcy Paul ; Rod Sinks; Jon Robert Willey; Cupert i no City Manager's Office City Clerk; City Attorney's Office Related to 11/5/2019, Agenda Item 10, Canyon View Development Proposal Honorable Mayor Scharf, Vice Mayor Chao, Council Members Paul, Sinks, and Willey, and City Manager Feng: Please include this letter as part of the public record for Agenda Item 10 "Canyon View Development Proposal General Plan Amendment (GPA)," for the 11/5/2019 meeting of the City Council. The Bay Area News Group in cooperation with several other news agencies promotes the 3-part series "Who Owns Silicon Valley?". Probably you are already familiar with the headline finding that Stanford University owns the most land in Santa Clara County and that Apple, Google, FACEBOOK, and other tech companies and commercial real estate holding companies fall in line after Stanford as the largest property owners in the region. In parallel with the launch of the media series , both Apple and FACEBOOK have introduced housing construction incentives(?) of $2.5 BILLION and $1 BILLION respectively, signaling that "housing is now a priority" (HINAP) for the local mega corporations. With old news that Stanford University owns 700+ single family homes in Santa Clara County (and an unknown number of homes in San Mateo County)+ today's HINAP background knowledge, I read with interest how an entire development of new apartment homes in Los Altos was pre-leased to Stanford University in 2017: "In Los Altos a few years ago, residents eagerly awaited the completion of the 167-unit Colonnade Apartments, hoping it would help fix the city's housing shortage . But they got a rude awakening when Stanford showed up on the scene . The university pre-leased the entire building before construction was finished and then bought the property in 2017. Now the units are for Stanford employees only. "I remember at the time, people were saying, 'Wow this is going to be great-we finally have the kind of development where maybe our entry-level teachers, public safety people and so on will be able to live in town,' 11 Los Altos Councilwoman Anita Enander said. "And then before the project was even completed, the announcement was made that Stanford had leased the entire complex. 11 That purchase had a significant impact on the Los Altos housing supply. At the time , the Colonnade made up more than 10 percent of the city's multi-family units, Enander said. But Stanford officials argue that if university workers weren't living in the Colonnade, they'd just live somewhere else in the area -taking the same amount of housing stock off the shelf" LINK: "Stanford Is Snapping Up Homes in College Terrace" by Sue Dremann, Palo Alto Weekly, updated 9/25/2019: https ://www. paloa ltoon line.com/news/2019/08/23/sta nfo rd-is-snapping-up-homes-in-college-terrace LINK: "The Stanford Empire" by Marisa Kendall , Bay Area News Group, 11/4/2019: https ://extras. mercurynews.com/whoowns/stanford. htm l I remember. also, that while residents were blindsided when, post-Council approval , Planning Dept staff 1 added offices to Main Street and removed sen ior housing and removed a public-access fitness center, our anger was supposed to be assuaged because the "slipped in" office was going to help lessen Cupertino's dependence on Apple revenue, as the office space would surely be leased to "not-Apple". But then, immediately , what entity leased The Offices at Main Street? In an earlier letter today where I expressed opposition to the Canyon View Development Proposal, I calculated that with construction mandate entitlements afforded by the State of California through AB 68 and SB 330 , Cupertino could expect to see 12 housing units (no GPA) and up to 75 housing units (GPA proposal granted) built on the Canyon View parcels under consideration (Agenda Item 10, 11/5/2019 meeting of the City Council). While we should expect folks in favor of the development proposal to assert that 75 housing units on a steep and difficult-to-access site is "outrageous" or "preposterous" or "absurd,"--and I would agree--it is, apparently, the entitlement number of housing units enshrined by law today under AB 68, in the event Council were to approve the GPA proposal under consideration for the Canyon View site. Approve a GPA today for "23 single family homes and 2 triplexes" with recognition that a pre -determined , committed buyer may have already placed a standing order for 75 homes to be built on those same parcels for the exclusive benefit of a certain pre-selected workforce . Sincerely, Liana Crabtree Cupertino resident representing myself only "It is difficult to get a (person) to understand something when (their) salary depends on not understanding it." -Upton Sinclair 2 Cyrah Caburian . From: Sent: To: Cc: Subject: All, Lisa Warren < la-warren@att.net > Tuesday, November 5, 2019 2:57 PM City Council; Benjamin Fu ; Piu Ghosh ; Deborah L. Feng City Attorney's Office; City Clerk Addition to : Canyon View GPA -City Council Nov 5, 2019 meeting Agenda Item 10 Time is short and livelihood is busy. That being the case, I am unable to detail any of my independent thoughts before tonight's meeting. I mentioned in the email sent last night (below) that it is premature to consider the Canyon View project -item 10 on tonight's CC agenda -at this time. I regret having worded things that way. While I feel the GPA process has not been correctly followed with Canyon View, and that situation results in premature consideration at CC level, there are many more issues at hand. Among the issues are, the history of these parcels, the timing of multiple 'projects' in the vicinity, some reported project vagueness from project consultant (former Mayor) when asked about a second phase that was mentioned, multiple housing bills during this 'season', the signing pen of Governor Newsom. If the Council choses to consider this item as listed on tonight's agenda, then I hope that the project will be 'denied' and sent back to the drawing board for the next possible round of GPA applications . If is agreed that the item should be postponed, as I believe it should be, then I hope that Staff and Council will consider the new ( and growing) obstacles to responsible growth will be considered during project review. PLEASE DO READ ALL of the emails sent to you , including attachments/links within the last week, including today. Many of them contain valuable information and facts. I know this is a large task and truly hope you have all had the time to keep up with the correspondence as they have sent. Thank you. Lisa Warren On Monday, November 4 , 2019 , 11 :21 :41 PM PST, Lisa Warren <la-warren@att.net> wrote: To All Recipients of this email, Please consider this message as a brief communication of my thoughts on the current proposal in the foothills of Cupertino referred to as 'Canyon View' project. Most, if not all , of you have been sent several emails related to this proposed project that would require a very 'heavy' general plan amendment(s). The involved parcel, and others that surround it have been discussed many times ove r the years. I have discussed this proposal with several residents/people . The time frame for d i scussion and research has been very short due to the noticing schedule, and website postings. I did not receive any e-notifications related to GPA proposals -only a postcard . I have read some of the information and concerns that Peggy Griffin has presented to you via emails, including attachments . I share many of her concerns and have some of my own. 'Process' and 'proposal' issues both exist in this case. It is premature to be seeing this project on a CC agenda. If time permits tomorrow (Tues. Nov 5) , I will send an additional email with more detail. I simply wanted to send something now so that there is a better chance it will be reviewed prior to your meeting tomorrow evening. Thank you. Lisa Warren 2