Written Communications (Updated 2-07-2024) — Cupertino City Council, February 6, 2024

CC 2-06-2024
Item No. 7
Second reading of Municipal
Code Amendment to Chapter

19.76 to allow privately
operated educational and
public serving uses in the BA
zoning district
Written Communications
From: Peggy Griffin
To: City Council
Cc: City Clerk; Christopher Jensen
Subject: 2024-02-06 City Council Mtg Agenda Item 7 - NOT CLEAR which BA sites are being rezoned! Date: Monday, February 5, 2024 6:05:00 PM
Attachments: BA Sites list.pdf
Zoning Map-19 BA sites.pdf
P8 of Heart of the City Specific-Zoning.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

PLEASE INCLUDE THIS EMAIL AND ALL ATTACHMENTS AS PART OF THE WRITTEN RECORD FOR THE ABOVE CITY COUNCIL AGENDA ITEM.

Dear Mayor Mohan and City Council Members,

Attached are 3 files:

File1-list of all BA and P(BA) parcels which total 25 parcels or 22 sites or 21 sites if P(BA) isn't included
File2-City Zoning Map with circles around all BA and P(BA) sites (turn on COMMENTS to see RED

CIRCLES)
File3-Heart of the City Zoning Map with circles around BA sites (turn on COMMENTS to see RED

CIRCLES)
Parcels/sites were found using the Cupertino Zoning Map and the Heart of the City Zoning Map.

ISSUE #1:

Staff Report said 23 sites. There are 19 sites on the Cupertino Zoning Map and 2 on the HOC Map.

That’s 21 sites. Where are the other 2 sites?
ISSUE #2:

There are 3 sites (Stevens Creek Elem, CHS, De Anza College) that are each 2-parcel sites so, is the Staff Report counting them as 3 “sites” or 6 “parcels”? If counting as sites the total is 21. If counting them as parcels the total is 24.

ISSUE #3:

It is unclear exactly which sites are being rezoned! There are 2 BA sites on the Cupertino Zoning Map that are NOT a whole separate parcel but a portion of a park (Franco Park and Creekside Park).

Are these being rezoned?
If these sites are mistakes in the zoning map then 21 sites – 2 mistakes = 19 sites.

ISSUE #4:

It is not clear if the rezoning applies to P(BA) sites! If it does not, then the count of sites goes down by one.

The unknown identity of the exact sites being rezoned was brought up during the first reading and it was ignored!
PLEASE stop this process and re-start it correctly. A conditional use permit rather than re-zoning everything would be a cleaner way of approaching this.

Sincerely,
Peggy Griffin

BA Sites – 25 parcels found
Parcels/sites were found using the CuperƟno Zoning Map and the Heart of the City (HOC) Zoning Map.

ISSUE #1:

Staﬀ Report said 23 sites. There are 19 sites on the CuperƟno Zoning Map and 2 on the HOC Map. That’s 21 sites.

Where are the other 2 sites?

ISSUE #2:

There are 3 sites (Stevens Creek Elem, CHS, De Anza College) that are each 2-parcel sites so, is the Staﬀ Report counƟng them as 3 “sites” or 6 “parcels”? If counƟng as sites the total is 21. If counƟng them as parcels the total is 24.

ISSUE #3:

It is unclear exactly which sites are being rezoned! There are 2 BA sites on the CuperƟno Zoning Map that are NOT a whole separate parcel but a porƟon of a park (Franco Park and Creekside Park). Are these being rezoned? If these sites are mistakes in the zoning map then 21 sites – 2 mistakes = 19 sites.

ISSUE #4:

It is not clear if the rezoning applies to P(BA) sites! If it does not, then the count of sites goes down by one.

The unknown idenƟty of the exact sites being rezoned was brought up during the ﬁrst reading and it was ignored!

1) 2 water tanks at end of Mercedes Rd
2) Monta Vista Fire StaƟon
3) Stevens Creek Elementary School-parcel 1
4) Stevens Creek Elementary School-parcel 2
5) Narrow strip between Somerset Square Park and I-280/Hwy 85 interchange 6) Monta Vista HS
7) Lincoln Elementary School
8) Kennedy Middle School
9) Regnart Elementary School
10) Seven Springs Fire StaƟon
11) Homestead HS
12) Garden Gate Elementary School
13) Faria Elementary School
14) NOT CLEAR IF INCLUDED…ZONING MAP shows BA site-Maintenance area south of Franco Park BUT this is not a separate parcel.
15) Lawson Middle School
16) Collins Elementary School
17) Eaton Elementary School
18) NOT CLEAR IF INCLUDED…ZONING MAP shows BA site-Creekside Park ﬁeld south of bathrooms BUT this is not a separate parcel.
19) CuperƟno HS – parcel 1
20) CuperƟno HS – parcel 2
21) Sedgwick Elementary School
22) Hyde Middle School
23) De Anza College – parcel 1
24) De Anza College – parcel 2
25) NOT CLEAR IF INCLUDED…Is this included…P(BA) includes a) City Hall
b) Community Hall
c) Library
d) Library Field
e) Courtyard area
#1 – 2 water tanks at end of Mercedes Rd

#2 – Monta Vista Fire StaƟon

#3 and #4 – 2 parcels containing Stevens Creek Elementary School

#5 – Narrow strip between Somerset Square Park and I-280/Hwy 85 interchange

#6 – Monta Vista HS on MeClellan Rd

#7 – Lincoln Elementary School on McClellan Rd

#8 – Kennedy Middle School on Bubb Rd

#9 – Regnart Elementary School on Yorkshire Dr.

#10 – Seven Springs Fire StaƟon on Seven Springs Pkwy at Stelling

#11 – Homestead HS on Homestead Rd

#12 – Garden Gate Elementary School on Greenleaf Dr.

#13 – Faria Elementary School on Barbara Ln

#14 – NOT CLEAR IF INCLUDED…ZONING MAP shows BA site but it’s not a separate parcel! The Maintenance area south of Franco Park on Franco Ct BUT SCC Tax Assessor Map shows this area as part of the park parcel! How can you zone a porƟon of a parcel???

#15 – Lawson Middle School on Vista Dr. at MerriƩ Dr.

#16 – Collins Elementary School on N. Blaney Ave

#17 – Eaton Elementary School on Farallone Dr and Suisun Dr

#18 – NOT CLEAR IF INCLUDED…ZONING MAP shows BA site BUT it is not a separate parcel! Creekside Park ﬁeld south of the bathrooms (west of the church) BUT how can this be since SCC Tax Assessor has all of Creekside Park as one parcel???

#19 and #20 - CuperƟno HS (2 parcels) on Finch Ave

#21 – Sedgwick Elementary School on Tantau Ave at Phil Ln

#22 – Hyde Middle School on Bollinger Rd and Hyde Ave

FROM HEART OF THE CITY ZONING MAP:
#23 and #24 – De Anza College (2 parcels) on Stevens Creek Blvd

#25 – NOT CLEAR IF INCLUDED…it is a P(BA) site…Are these included in the re-zoning of BA sites???  City Hall
 Community Hall
 Library
 Library Field

8 City of Cupertino - Heart of tHe City SpeCifiC plan
Figure 2: Heart of the City Area and Special Centers Zoning Map

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SAN
JOSE

UNINCORPORATED
COUNTY

SUNNYVALE

LOS ALTOS

SARATOGA

SANTA CLARA
Heart of the City Heart of the City

UNINCORPORATED
COUNTY
Mcclellan RdMcclellan Rd
NN
BBllaa
nneeyy
AA
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Prospect RdProspect Rd
Bubb Rd
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Rainbow DrRainbow Dr
Foothill Blvd
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Rainbow DrRainbow Dr
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BBllvvdd
Bollinger Rd
Bollinger Rd
S Tantau Ave
S Tantau Ave
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S Blaney Ave
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Stelling Rd
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Tantau Ave
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Bubb Rd
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Stevens Creek BlvdStevens Creek Blvd
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S Stelling Rd
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Vicksburg DrN
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Kendle St
Glen Pl
Long Down Rd
Bonny Dr
Bixby Dr
Kr zi ch Pl
Madrone
Ct
Torre Ave
L eeds Ave
AnnC t
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ber Dr
Clay St
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Dryden
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Olive Ave
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Woodhill Ct
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CraftDr
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Amelia
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Ricardo Rd
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Woodridge Ct
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Cricket
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Pr ospect Rd
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Shadowhi l l Ln
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StJames Cir
Erin Way
Hyde Ave
Hillcrest Rd
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Newsom Ave
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Bollinger Rd
Cupertino Rd
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Barnhart Pl
Stevens
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Fwy
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StendhalLn
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Paci fi ca Dr
Alcalde Rd
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Cel es te Ci r
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City Boundary
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Heart of the City Specific Plan
Area
A - Agricultural Residential
BA - Public Building
BQ - Quasi-Public Building
CG - General Commercial
ML - Light Industrial
MP - Planned Industrial Zone
OA/OP - Office / Planned
Office
OS/PR - Open Space / Public
Park / Recreational Zone
P - Mixed Use Planned
Development
R1 - Single Family Residential
R1C - Single Family Residential
Cluster
R2 - Residential Duplex
R3 - Multiple Family Residential
RHS - Residential Hillside
T - Transportation
CG-rg: Adopted by Ordinance
436
P-Hotel: Adopted by
Ordinance 1368
ML-fa: Adopted by Ordinance
350
FP-o: Adopted by Ordinance
1574
See Master Plan / Specific Plan
/ Conceptual Plan for details
SItes designated are priority Housing
Sites as identified in the adopted Housing
Element
Numbers following zoning designations
denote minimum lot sizes divided by one
thousand.

The "Pre" designation denotes a prezoned
unincorporated area and is colored white
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CITY OF CUPERTINO

ZONING MAP
¸
0 0.25 0.5
Miles
Prepared by the Community Development Department
Created: October 15, 2000
Amended 3 September 2019 per Ordinance 19-2188
From: Rhoda Fry
To: City Clerk; City Council
Subject: Cupertino City Council 2/6/2024 Agenda #7 No to changing zoning Date: Tuesday, February 6, 2024 8:38:19 AM
Attachments: reports_City of Cupertino CA Zoning Map Search _ CodeHUB by Gridics - 02-06-2024 (1).pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,

Regarding Cupertino City Council 2/6/2024 Agenda #7 Second reading of Municipal Code Amendment to Chapter 19.76 to allow privately operated educational uses and privately operated public serving uses in the BA zoning district.

You are being asked tonight to change the zoning of 372 acres of our publicly- owned lands.

Please say no.

You are also being asked tonight to have only one person on staff to make a subjective decision on land-use without study or public input.

Please say no.

The proposed new uses are subject to interpretation, the proposed ordinance states “privately operated public serving uses.” Our zoning should not be vague.

Please say no.

Please do not take away the public’s rights to our public land. VOTE NOT ON ITEM #7.

Lack of Transparency:

On December 5, you were bamboozled into believing that you were making a decision affecting only the Regnart school property in a packed agenda, but in fact would change the zoning of 372 acres of public land. Furthermore, staff failed to comply with the request to provide a list of impacted properties. How can you make a sweeping decision without this information? It took me 5 minutes to generate the attached list of BA and planned BA -zoned properties, comprising of 28 parcels among 22 listed addresses. The attached pdf is the output from the City’s zoning tool; I added the total square-footage at the bottom, which adds up to 372 acres. You can look at the zoning maps here:
https://www.cupertino.org/our-city/departments/community- development/planning/zoning In your packet, you will find that another resident has painstakingly circled the impacted properties – a job that should have been done by staff.

Transparency is our top strategic goal in our budget document. See page 29 of our adopted budget: https://apps.cupertino.org/pdf/FY_2023-24_Adopted_Budget.pdf Public Engagement and Transparency
Creating and maintaining key conversations and interactions with the Cupertino Community

For your reference, these are the vague uses that would be added to BA-zoned properties to be decided by one person:
“Privately operated educational uses and privately operated public serving uses, including, but not limited to, day care and private educational facilities, which, in the opinion of the Director of Community Development, are similar to the permitted uses in the BA zoning district, and which do not create significant adverse impacts to the surrounding area.”

I am ashamed and appalled that our City’s leadership would consider a change to our municipal code that would mute its constituents.

1. VOTE NO ON #7

2. To allow the private-use at the Regnart school site, consider permitting it via a Conditional Use Permit rather than the zoning of 372 acres of publicly-owned land

Sincerely,
Rhoda Fry
40+ year Cupertino Resident
Address Parcel ID Lot Area - GISLot Area - Public RecordsExisting Building AreamunicipalZoningCode 21710 MCCLELLAN RD 35609002 428,960 427,919 BA
10350 TORRE AVE 36931033 424,729 430,808 P(BA)
10301 VISTA DR UNIT 1 31622019 787,088 790,372 BA
821 BUBB RD 35612001 1,011,438 1,021,270 BA
32649039 7,708 8,685 BA
32649035 47,170 48,471 BA
10445 MILLER AVE 36915002 576,644 565,492 BA, PR
10555 MARY AVE 32606052 193,303 193,491 BA
19200 PHIL LN 37540039 381,699 380,606 BA
10981 FRANCO CT 32609071 36,654 37,026 BA, PR
21000 SEVEN SPRINGS PKWY 36626035 27,136 30,386 BA
22851 MERCEDES RD 34222064 108,614 100,564 BA
21840 MCCLELLAN RD 35609001 1,269,009 1,271,200 BA
22620 STEVENS CREEK BLVD 34214120 19,295 20,640 BA
1170 YORKSHIRE DR 36208001 411,683 408,826 BA
10253 N PORTAL AVE 31631039 481,454 483,639 BA
10100 FINCH AVE 37506002 1,234,936 1,231,470 BA
10500 ANN ARBOR AVE 32640018 421,298 421,102 BA
21370 HOMESTEAD RD 32605089 1,442,930 1,451,100 BA
35901002 386,262 391,516 BA
32649034 38,608 39,332 BA
19325 BOLLINGER RD 37541006 612,785 611,149 BA
10155 BARBARA LN 35912009 414,772 401,615 BA
37506001 146,152 146,214 BA
32614008 342,650 343,002 BA
21250 STEVENS CREEK BLVD 35901004 4,415,303 4,431,210 BA 10300 AINSWORTH DR 32614007 62,932 65,210 BA
20220 SUISUN DR 36933044 451,920 459,182 BA, R1-7.5
Total Sq. Ft. 16,183,132 16,211,497
From: Xiangying Yang
To: City Council; City Clerk
Subject: City council meeting 02/06 Agenda item 7
Date: Tuesday, February 6, 2024 8:25:48 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Cupertino city council staff,
I would like to raise serious concern on the agenda item#7 on the consent calendar.

This is a major change that IMO requires additional public hearing and discussions.

In particular we have seen CUSD closed public schools and now the schools are rented to private schools for a profit. Schools and many other public use facilities are important parts of local residents' life and it seems inappropriate to establish such fast-track process without any community involvement.

This comes at a very sensitive time for the very concerning community, where CUSD schools were just closed even with strong objections from the local community. And FUHSD are also pondering changes with potential negative impacts on some Cupertino schools.

I respectfully urge you to object this item during the Feb.06 meeting, and vote against similar BA rezoning proposals. Thank you in advance.

Best regards, X. Yang
From: Steve Chen
To: City Council
Subject: We need your help urgently
Date: Tuesday, February 6, 2024 8:21:07 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please uphold checks and balances in the city and do not allow such massive changes never seen ever before in one swoop.

Any change needed specifically for Regnart to enable Tesselations use can be specific to that site by a conditional use permit.

I urge you to reject this change to the muni code and vote against this change of allowed use on BA zoned properties.

There has been a lot of concern lately about school closures and schools being given away to private operators.

To reduce further angst in the community about such expanded use of public land located in Cupertino kindly reject agenda item 7 for the 02/06 council meeting.

Thank you in advance for doing the people’s work and being our voice and representing us, the residents of Cupertino.

Steve
From: bei Zhong
To: City Council
Cc: City Clerk
Subject: Voice from a Cupertino resident
Date: Tuesday, February 6, 2024 7:27:51 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please do not perform a mass change of allowed use on all BA zoned properties.

Please do not change allowed use of city hall, library, community hall, DeAnza College, all Cupertino public schools, all Cupertino fire stations, water tank infrastructure sites.

Please uphold checks and balances in the city and do not allow such massive changes never seen ever before in one swoop.

Any change needed specifically for Regnart to enable Tesselations use can be specific to that site by a conditional use permit.

I urge you to reject this change to the muni code and vote against this change of allowed use on BA zoned properties.

There has been a lot of concern lately about school closures and schools being given away to private operators.

To reduce further angst in the community about such expanded use of public land located in Cupertino kindly reject agenda item 7 for the 02/06 council meeting.

Thank you in advance for doing the people’s work and being our voice and representing us, the residents of Cupertino.

Regards,
Bei Zhong
From: Peipei Wang
To: City Council
Cc: City Clerk
Subject: Reject the agenda item 7
Date: Tuesday, February 6, 2024 7:15:48 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please uphold checks and balancesin the city and do not allow such massive changes never seen ever before in one swoop.

Any change needed specifically for Regnart to enable Tesselations use can be specific to that site by a conditional use permit.

I urge you to reject this change to the muni code and vote against this change of allowed use on BA zonedproperties.

There has been a lot of concern lately about school closures and schools being given away to private operators.

To reduce further angst in the community about such expanded use of public land located in Cupertino kindly reject agenda item7 for the 02/06 council meeting.

Thank you in advance for doing the people’s work and being our voice and representing us, the residents of Cupertino.

Grace
From: Lulu Dai
To: City Council
Cc: City Clerk
Subject: Item 7
Date: Tuesday, February 6, 2024 7:01:46 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
“
Dear Mayor Sheila and city council,
I urge you to take agenda item 7 for the 02/06 council meeting off consent calendar and open up to council and public discussion. Following the discussion I implore you to please reject the agenda item 7. Please do not perform a mass change of allowed use on all BA zoned properties. Please do not change allowed use of city hall, library, community hall, DeAnza College, all Cupertino public schools, all Cupertino fire stations, water tank infrastructure sites.

Please uphold checks and balances in the city and do not allow such massive changes never seen ever before in one swoop.

Any change needed specifically for Regnart to enable Tesselations use can be specific to that site by a conditional use permit.

I urge you to reject this change to the muni code and vote against this change of allowed use on BA zoned properties.

There has been a lot of concern lately about school closures and schools being given away to private operators.

To reduce further angst in the community about such expanded use of public land located in Cupertino kindly reject agenda item 7 for the 02/06 council meeting.

Thank you in advance for doing the people’s work and being our voice and representing us, the residents of Cupertino.
“
Sent from my iPhone
From: [email protected]
To: City Council; City Clerk
Subject: Help save schools in our community
Date: Tuesday, February 6, 2024 4:41:28 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please uphold checks and balances in the city and do not allow such massive changes never seen ever before in one swoop.

Any change needed specifically for Regnart to enable Tesselations use can be specific to that site by a conditional use permit.

I urge you to reject this change to the muni code and vote against this change of allowed use on BA zoned properties.

There has been a lot of concern lately about school closures and schools being given away to private operators.

To reduce further angst in the community about such expanded use of public land located in Cupertino kindly reject agenda item 7 for the 02/06 council meeting.

Thank you in advance for doing the people’s work and being our voice and representing us, the residents of Cupertino.

Best Regards,
Prachi.

From: Kathy Liu
To: City Council
Cc: City Clerk
Date: Monday, February 5, 2024 11:54:20 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.