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Cupertino City Council
June 21, 2023

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Presentations
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June 21, 2023
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Cupertino City Council
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CC 06-21-2023

#1

Memorial Park Specific
Plan

Presentation
City Council Meeting
June 21, 2023
M

EMORIAL PARK

SPECIFIC PLAN
CC 06-21-2023 Item No. 1
PURPOSE: To present findings from the Community Input, and facilitate confirmation of the Preferred Draft Concept
plan’s design direction.

1. INTRODUCTIONS

2. ABOUT THE PROJECT

3. COMMUNITY INPUT & CONCEPT ALTERNATIVES

4. PREFERRED DRAFT CONCEPT

5. COMMENTS / QUESTIONS

6. NEXT STEPS
AGENDA
2 3
Casey Case
Principal in Charge
Rebecca Flanegan
Outreach Coordinator Michael Freitag
Project Manager
Chad Mosley
Interim Director of
Public Works
Susan Michael
Capital Improvement
Programs Manager
Rachelle Sander
Director of
Parks and Recreation

INTRODUCTIONS

EXPERTISE
in park design & placemaking

INCLUSIVE PROCESS
proactive community engagement

IMPLEMENTATION ORIENTED
reality based
4 INTRODUCTIONS
5 ABOUT THE PROJECT

PROJECT PURPOSE
● Improve the site and determine how to best
meet the future recreation, community
gathering, event, and open space needs
of
Cupertino.
● Further Parks and Recreation System Master
Plan’s vision for
expanding civic event and
community gathering spaces and
enhancing natural site and park features .
● Enhance Memorial Park’s unique identity ,
create a sense of place , and grow a
distinctive expression of the park to achieve a
balance between the built and natural
environments.
6 ABOUT THE PROJECT
PARKS AND RECREATION SYSTEM MASTER PLAN (2020)
.KEY COMMUNITY THEMES . .Recommendations for Memorial Park .

FOCUS Community hub
Multi-use
Civic-focused event space

.VISION: . Engage the public to REVITALIZE

MEMORIAL PARK
as a community gathering and multi-use, civic-focused
event space while considering the context of the natural landscape and facilities, community needs, and the existing site’s potential.
.GUIDING PRINCIPLES .

ABOUT THE PROJECT
7 ● Restore and preserve
natural habitat
● Maximize shade
● Develop walkways and
bikeways that further
connectivity
● Foster social cohesiveness and
diverse activities for all ages and
abilities
● Create high quality recreation
experiences
● Provide sustainable facilities,
programs and services

8 PLANNING PROCESS

ABOUT THE PROJECT

COMMUNITY INPUT: ROUND 1

OUTREACH EFFORTS
Over .. participants
engaged with us to
Revitalize Memorial Park!
.ONE . community survey
.THREE . pop-up booths
.ONE . webinar
.SIX . focus group interviews
9 COMMUNITY INPUT: ROUND 1
10 .EXISTING LIKES, CHALLENGES & IDEAS FOR THE FUTURE .

What do you like BEST about Memorial Park?
Which PARK IDENTITY best describes Memorial Park?
What FEATURES would you like to see?

.PARK CONCEPT C.

Civic Focus
.PARK CONCEPT B.

Nature Focus
.PARK CONCEPT A.

Community Focus

THREE PARK CONCEPTS
11 Offers a wide range of
community-oriented activities,
while balancing natural and civic
elements of the park.

Expands and enhances the park’s
natural elements and blends them
with other civic and community-
oriented spaces.

Enhanced opportunities for civic
engagement while integrating
nature and community-oriented
elements of the park.

COMMUNITY INPUT: ROUND 2

OUTREACH EFFORTS
Over .. participants
engaged with us to
Revitalize Memorial Park!
.ONE . community design survey
ONE . community open house
.ONE . webinar
12 COMMUNITY INPUT: ROUND 2
13 .KEY TAKEAWAYS & PRIORITIES .

COMMUNITY INPUT: ROUND 2
14 .KEY TAKEAWAYS & PRIORITIES .

COMMUNITY INPUT: ROUND 2
15 .KEY TAKEAWAYS & PRIORITIES .

These features received the
most votes for

LEAST FAVORITE
Features

PREFERRED DRAFT CONCEPT
16 PREFERRED DRAFT CONCEPT
17 PREFERRED DRAFT CONCEPT
18 PREFERRED DRAFT CONCEPT
19 NEXT STEPS: STAY INVOLVED
20 .PROJECT WEBSITE .
engagecupertino.org/
memorial-park-specific-plan
SPREAD THE WORD .

Share project information
with family, friends, and
colleagues
.PUBLIC MEETINGS .
.& PRESENTATIONS .

June 21
City Council
Summer - Winter 2003
Environmental Review
Winter 2023
Parks and Recreation Commission
Bicycle Pedestrian Commission
City Council

THANK YOU!
engagecupertino.org/memorial-park-specific-plan

MEMORIAL PARK

SPECIFIC PLAN

CC 06-21-2023

#10

Development Proposal
1655 S. De Anza Blvd

Presentation
June 21, 2023
Mixed Use Development
1655 S. De Anza Blvd.

CC 06-21-2023 Item No. 10
Subject
Consider a proposed mixed-use development
with 34 residential units, 7,595 sq. ft.
commercial space, and the removal and
replacement of 51 development trees.

Project Request
● Adoption a Mitigated Negative
Declaration (EA-2022-005);
● Development Permit (DP-2021-002);
● Architectural and Site Approval Permit
(ASA-2021-004);
● Use Permit (U-2021-001);
● Vesting Tentative Map (TM-2021-003); and
● Tree Removal Permit (TR-2022-006).

Project Location /
Background ● Mix of uses
● South De Anza
Special Area
● South
Saratoga-
Sunnyvale
Road
Conceptual
Zoning Plan

Alves Dr.

N. De
Anza
Blvd.

Stevens Creek Blvd.

Building ABuilding B
Building C
• 51 onsite tree
replacements for
the 51 protected
development
• A vesting
tentative map to
subdivide the two
existing properties
into twelve
parcels.

Project Summary
Planning Commission – May 23,
2023
Planning Commission recommended (5-0) on
May 23, 2023 that City Council:
● Adopt the MND and resolutions approving
the project; and
Planning Commission – May
23, 2023 (cont.)
● Include the following modifications:
● Remove condition 13 and amend
Condition 7 of the Development
Permit; and
● MND to improve the E-bike
programming
Site Design

Architectural Design

Density Bonus and Waiver
Requests (CMC 19.56)
● 15 DU/acre
● Density bonus for Very Low-Income units
selected.
● Applicant entitled to Density Bonus (35%)
● Providing 20% BMR
Income Level Below Market Rate Units % of Base Density
Median Income 1 unit (20% of affordable units) 4%
Low Income 1 unit (20% of affordable units) 4%
Very Low Income 3 units (60% of affordable units) 12%
Density Bonus and Waiver
Requests (CMC 19.56)
Applicant may request waivers or reduction
of development standards that will have
effect of physically precluding construction
of a density bonus development.

Density Bonus and Waiver
Requests (CMC 19.56) - Height
and Front Setback of Building A
38 feet
52 feet
Density Bonus and Waiver
Requests (CMC 19.56) –
Justification
● Height Waiver: 12 units would be lost if the
30-foot height limit were enforced,
including entire third floor
● Front Setback Waiver: Lose approximately
3 units per floor, for an overall combined
total of at least 6 units.

Parking Analysis
● Density Bonus Ordinance allows density bonus
projects option to use alternate parking
standards
● CMC19.124 Requires 2.8 per Townhome & 2
per Apartment.

Building Use Parking Standards per Density
Bonus Law CMC 19.56.040(C)
# of Units
or S.f.

Allowed
Spaces
Provided
Spaces
Townhomes Three-bedroom units = 2 onsite
spaces/unit 11 22 22
Apartments 2–3-bedroom units = 2
spaces/unit 23 46 46
Sub-total 34 68 68
Retail 1 space per 250 s.f. 7,482 s.f. 30 31
Total 98 99
Tree Removal and Replacement
● Replace 51 removed trees with 51 trees of
various box sizes.
● Conditioned to retain Italian Cypresses
along western property line to privacy
protection to rear yards of adjoining
single-family residences.

Vesting Tentative Map
Vesting Tentative Map (VTM)
merge/subdivide two separate lots to
create:
● 11 parcels for the Townhomes.
● 1 parcel for the mixed-use portion of the
development.

Development Permit Conditions
Staff added following conditions
following Planning Commission Hearing:
● Condition 40 - Asbestos-containing Materials
● Condition 41 - Lead-based Paints
Housing Accountability Act
May disprove project only if:
● The project would have a specific, adverse
impact upon the public health or safety
unless the project is disapproved or
approved upon the condition that the
project be developed at a lower density;
and
● No feasible method to satisfactorily
mitigate or avoid the adverse impact exists.

Environmental Review
A Draft Initial Study and Mitigated Negative
Declaration (IS/MND) has been prepared:
● City can rely on the adopted
Environmental Protection Standards
(Chapter 17.04).
● Transportation: Reduce VMT with fair
share contribution for bike
improvements, preparation of a School
Pool, Bicycle, Car Share Program, and
Behavioral Intervention Programs.

Environmental Review (cont.)
● Noise Levels: Construction shall comply
with the Noise Ordinance and best
management practices for noise
mitigation, and ensure mechanical
equipment selected meet City’s noise
ordinance.

Environmental Review Committee (ERC) on
October 20, 2022, recommended City Council
adopt a Mitigated Negative Declaration (EA-
2022-005)
Conclusion
Staff recommends approval because:
● Project and conditions of approval
addressed concerns related to the
proposed development and all findings for
approval of the proposed project,
consistent with Chapters 14.18, 18.28, 19.56,

19.156, and 19.168 of the Cupertino
Municipal Code, could be made.

Conclusion (cont.)
● Concerning the development’s
height, and front setback waivers,
evidence in the record
demonstrated that the project met
the standards for granting the
waivers under the State Density
Bonus Law.

Next Steps
City Council’s decision is final subject to
any Petition for Reconsideration that is
filed within 10 days of the decision.

Density Bonus and Waiver
Requests (CMC 19.56) – Height of
Building A
Allowed/Required Proposed
Height of Structures
Up to 30 feet
Building A – 38-feet to top of
roof ridge, 52-feet top of
elevator tower
(Waiver Requested)
Density Bonus and Waiver
Requests (CMC 19.56) – Side
Setback
Allowed/Required Proposed
Average 50 feet from the face of curb (S. De Anza
Blvd.), no less than 35 feet.

Building A – 35 feet
(Waiver Requested)
Findings Required for Denial of a Waiver
or an Incentive/Concession
● That the waiver or incentive/concession would have an adverse impact on real property listed in the California Register of Historic Resources; or
● That the waiver or incentive/concession would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the residential project unaffordable to low - and moderate-income households; or
● That the waiver or incentive/concession is contrary to state or federal law.

Housing Accountability Act
● Limits ability of a city to deny or impose certain conditions on a housing development project when project complies with
applicable, objective general plan, zoning, and subdivision standards and criteria.
● This project is a “housing development project” under HAA because it is a mixed-use development consisting of residential and nonresidential uses with at least two -thirds of square footage designated for residential use.
● Project is either consistent with City’s objective standards or has applied for waivers and/or incentives/concessions under Density Bonus Law.

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