►
Description
Coverage of the January 13, 2022 Cupertino City Council Special Teleconference Meeting.
(Live Streamed Version)
A
B
B
B
Good
evening
and
welcome
to
a
meeting
of
the
cupertino
city
council,
this
is
a
special
meeting
on
january
13
2022,
since
this
is
our
first
public
meeting
of
the
new
year.
Let
me
go
ahead
and
wish
everyone
on
behalf
of
our
city
council
in
cupertino,
a
happy
2022.,
madam
city
clerk.
Would
you
please
take
the
roll
call.
B
And
I'm
here,
thank
you
very
much,
madam
city
clerk,
and
so
I
did
want
to
take
a
a
brief
moment
to
welcome
jim
troop
to
our
city.
This
is
his
first
meeting
with
the
cupertino
city,
council,
and
so
jim
did
you
wanna,
say
hello
to
everyone.
I
know
that's
not
agendized,
but
I
actually
don't
see.
Jim's
photo
up
right
now,
so
maybe
he's
kind
of
getting
his
items
prepared
here.
B
So
let's
go
ahead
and
go
over
to
item
number
one
on
this
special
meeting
I'll
remind
our
members
of
the
public
in
special
meetings.
We
do
not
have
oral
communications,
but
we
do
have
the
opportunity
to
speak
on
each
of
our
public
hearing
items
tonight.
Item
number
one
is
the
consideration
of
a
development
proposal
to
demolish
an
existing
commercial
building
and
residential
unit,
and
the
rest
of
the
information
is
provided
in
the
agenda
of
the
location.
B
F
Thank
you,
mr
mayor.
Yes,
we
do
have
a
presentation
pugoce,
our
planning
manager
has
one
prepared
for
us
considering
the
time
and
lengthy
items.
This
may
be
I'll
just
hand
it
over
to
pew
and
start
a
presentation
will
be
available
for
questions.
Thank
you,
mr
mayor.
B
Okay,
thank
you
very
much
director
phu
and
I
just
wanted
to
give
our
city
manager
troop
a
very
brief
opportunity,
so
so
pew
just
sorry
unshare
your
screen
for
a
moment.
So
I
see
jim
put
his
camera
on
a
moment
ago.
Jim
wanted
to
say
hi
to
the
city,
so
jim
welcome
well.
G
Thank
you
mayor.
Thank
you,
council.
I
just
I
don't
know
what
I
did.
I
screwed
something
up
on
my
computer,
so
it's
helping
me
now,
but
thank
you
for
letting
me
be
here.
I
appreciate
the
support
the
council
and
the
mayor
has
given
me
so
I'm
into
my
second
week
almost
done
with
two
weeks
now.
It
went
very
quickly.
I'm
excited
to
be
here.
The
staff
has
been
just
fabulous
on
getting
me
around.
G
I've
been
taking
all
kinds
of
tours
around
the
city
and
you
know
I'm
here
to
help,
and
I
know
we
have
a
really
good
staff
behind
us,
so
I'm
I'm
glad
I
could
be
part
of
it.
So
thank
you.
B
Great,
thank
you
very
much
jim
and
let's
go
ahead
and
bring
this
back
to
our
staff
and
pew.
I
believe
you
had
the
presentation.
Do
you
have
the
presentation
timed
out
pew?
I
think
you
would
mention
maybe
10
or
15
minutes
for
the
presentation
at.
H
H
I
J
H
Go
so
it
is
located
at
the
at
the
transition
where
south
football
boulevard
turns
into
stevens
canyon
road
and
at
the
intersection
of
mcclellan
and
st
andrews
avenue,
there
is
on
the
site
right
now,
a
commercial
building
and
one
home
on
it
that
is
being
considered
for
development
with
18
townhomes,
single-family
homes
and
five
apartment
units.
So
the
five
apartment
units
are
part
of
the
total
18
number
and
with
4
500
square
feet
of
commercial
uses
along
foothill
boulevard,
stevens,
canyon,
road
right
there.
H
The
property
is
currently
has
a
land-use
designation
of
a
commercial
residential
and
has
a
zoning
of
a
planned
development
with
general
commercial
uses.
So,
in
order
for
the
development
to
proceed,
there
are
a
number
of
permits
that
are
required,
which
include
a
rezoning
to
allow
residential
uses
on
the
property.
A
development
permit
to
allow
the
actual
development
to
move
forward.
H
A
use
permit
a
an
asa,
a
tentative
map
to
allow
the
subdivision
of
the
property
tree
removals
and
I
think
that
is,
and
a
use
permit,
which
is
required
on
properties
that
are
not
zoned
for
residential
uses
or
not
identified
as
priority
housing
sites.
In
the
city's
general
plan
to
allow
residential
uses
there,
so
once
again,
as
I
mentioned,
the
land
use
designation
is
commercial
residential.
The
proposed
zoning
designation
is
a
planned
development.
H
As
I
mentioned,
this
is
a
planned
development
zoning
district.
So
if
they
were
to
come
in
with
a
streamlined
application
or
straight
up
with
the
residential
applications,
our
three
zoning
standards
would
apply
which
are
multi-family
housing
regulations.
However,
as
an
alternative
and
as
a
discretionary
review
process,
the
developer
can
propose
alternative
standards
which
they
have
in
this
case,
and
we
can
talk
about
those
standards
later.
H
If
the
council
is
interested,
I
do
have
a
table
to
identify
that,
and
that
was
also
identified
in
the
staff
report,
but
there
are
alternative
standards
in
the
sense
that
in
some
cases,
for
example,
you
will
notice.
There
are
a
couple
of
town
homes
and
row
homes
at
the
edges
of
the
property
along
the
north
and
the
south,
and
those
are
with
those
are
attached
units.
H
So
there
are
no
setbacks
between
the
units
that
are
proposed,
but
there
are
setbacks
from
the
the
front
property
line
along
stevens
canyon,
road,
the
rear
property
line
that
affects
the
residential
uses
on
the
south
west
and
north
there,
and
also
there
are
five
single-family
homes
with
a
zero
lot
line
on
one
side,
but
with
approximately
just
over
six
foot
setback
on
the
east
side
of
each
of
those
problems.
H
Additionally,
there
is
a
mixed
use:
building
with
a
zero
lot
line,
fronting
stevens
canyon
road.
There
is
going
to
be
4,
500
square
feet
of
commercial
on
the
ground
level,
with
an
underground
parking
garage
and
five
apartment
units.
H
Above
it,
there
is,
in
general,
the
there
are
open
space
requirements
that
have
been
proposed,
and
these
are
they
draw
inspiration
from
the
heart
of
the
city
specific
plan
to
ensure
that
there's
a
minimum
amount
of
private
open
space
for
each
of
the
units
and
also
common
open
space
for
both
the
commercial
parts,
parts
of
the
project
and
the
residential
part
of
the
project.
H
The
commercial
open
space,
the
common
open
space
where
the
commercial
area
is
located
closer
to
the
commercial
building
closer
to
mcclellan
road
and
the
driveway
that
will
serve
the
property
and
the
residential
common
open
space
is
located.
Tucked
behind
the
mixed
use.
H
Building
between
two
residential
buildings,
kind
of
central
to
the
site,
the
commercial
property
will
have
some
parking
available
up
against
the
northern
property
line
and
the
project
has
been
designed
so
that
the
driveways
that
access
the
property
kind
of
line
up
with
mcclellan
boulevard
along
the
north
edge
and
with
st
andrews
avenue
on
the
south
edge
here.
H
The
height
proposed
complies
with
the
general
plan.
The
density
is
proposed
is
lower
than
the
general
plan
density.
The
setbacks,
as
I
mentioned,
are
unique.
They
range
from
0
to
15
feet.
Roughly
again,
I
talked
about
the
open
space
requirements
and
or
open
space
proposals.
Already
parking
is
proposed
at
2.8
spaces
for
the
development
for
the
residential
portion
and
the
commercial
is
parked
separately
as
well.
H
As
I
mentioned,
the
common
open
space
for
commercial
is
going
to
have
some
improvements
to
allow
some
sort
of
a
you
know,
use
that
will
allow
people
to
gather
and
use
that
space
freely,
and
then
you
have
the
residential
open
space
that
may
have
improvements
such
as
a
barbecue,
grill
or
other
improvements,
so
that
people
can
enjoy
the
residents
can
enjoy
that
open
space.
There
is
going
to
be
a
an
attached
sidewalk
along
stevens
canyon
road.
H
If
you
look
at
this
particular
rendering
the
windows
that
you
see
at
the
ground
level,
on
the
closest
to
the
what
you
see
is
actually
the
ramp
going
down
to
the
parking
garage,
and
then
you
have
the
commercial
project
kind
of
further
away
in
this
rendering.
H
The
reason
for
having
this
glass
look
is
to
kind
of
ground
the
structure
and
make
it
look
like
it's.
It's
activated
space
in
a
sense
because
this
is
really
the
ramp
and
we
wanted
to
make
sure
that
the
building
is
articulated
well,
so
that
it
doesn't
necessarily
look
like
there's
a
ramp
going
down
there.
H
With
regard
to
the
unit
mix
and
the
bmr
requirements,
there
are
a
number:
there
are
15
market
rate
units
and
the
requirements
are
to
provide
three
of
those
units
b,
bmr
units
there
are
one
and
two
bedroom
units
in
the
apartments
and
all
the
four
sale
units
have
three
bedrooms
each.
H
H
The
erc
did
recommend
approval
of
or
adoption
of,
the
ism
d.
There
were
mitigation
measures
for
air
quality,
biological
resources,
cultural
and
private
resources,
noise
levels,
geology
and
soils
and
utilities,
and
we
do
have
our
environmental
consultant
here
to
help
with
answering
any
any
questions.
H
H
In
the
end,
the
commission
did
vote
500
to
recommend
that
the
city
council
approve
this
proposed
project
in
response
to
some
community
concerns
about
commercial
development
staff
is
recommending
that
a
condition
the
council
has
options
of
whether
or
not
to
add
this
particular
condition
that
is
being
proposed
with
regard
to
concurrent
development
of
the
mixed-use
building
and
the
single-family
homes
and
townhomes
at
the
rear.
To
make
sure
that
you
know,
we
that
what
the
council
wishes
to
see,
which
is
the
commercial
part
of
the
project,
be
built
concurrently.
H
H
They've
been
site,
signage
there's
been
newspapers
and
notices,
hearing
notices
and
publication
on
the
city's
official
notice
board
and
websites
with
that
staff
concludes
this
presentation
and
recommends
that
the
city
council
adopt
the
resolutions
that
are
presented
tonight
and
also
introduce
and
conduct
the
first
reading
of
the
ordinance
to
approve
well,
first,
take
action
on
the
environmental
review
portion
and
then
introduce
and
conduct
the
first
reading
of
the
zoning
ordinance
and
also
adopt
the
resolutions
to
approve
all
the
associated
permits
with
this
project
and
I'm
happy
to
answer
any
questions
that
council
might
have.
B
Okay,
thanks
pew
we're
gonna
go
ahead
and
reserve
those
questions
until
a
little
bit
later
in
the
process.
Is
there
anybody
from
the
applicant
here
who
is
going
to
be
giving
a
presentation
or
making
remarks
prior
to
you
going
to
the
public?
I
see
dan
shaw.
You
have
your
camera
on.
Welcome.
Did
you
want
to
provide
some
remarks
or
give
a
presentation
from
the
applicant.
K
No
thank
you
mayor
happy
new
year.
We,
I
think
pugh
did
an
excellent
job.
We've
been
working
on
this
thing
for
a
long
long
time.
K
You
know
staff
she
prepared
it
well,
I
do
have
our
chief
architect,
who's
worked
on
this
with
me
for
the
last
three
or
four
years.
Anthony
is
available
as
a
participant
here
tonight.
If
there's
any
technical
questions,
ask
him
I'm
happy
as
I
did
it
planning
commission
to
answer
any
project
related
questions.
B
Okay,
thank
you
dan,
and
let
us
know
what
what
business
you're
with
are
you
with
the
applicant
or
the
artist.
K
I'm
actually
a
principal
in
the
project.
Scr
enterprises
stands
for
c
stevens,
canyon,
road
enterprises,
I'm
with
the
applicant
and
have
been
an
owner
and
working
on
this
for
a
number
of
years.
K
Anthony
ho
ho
he's
with
lpmd
architecture.
B
With
the
architects-
okay,
great
so
seeing
no
further
presentations
from
either
the
applicant
or
staff,
what
we
will
do
and
I'll
give
you
a
breakdown
summary
of
the
process
here
for
this
hearing
is
following
our
presentations.
We're
going
to
be
hearing
from
members
of
our
public
and
once
members
of
the
public
speak,
the
staff
and
applicant
will
have
opportunities
to
respond
to
what
they
hear
from
the
members
of
the
public,
and
then
we
will
go
ahead
and
bring
it
over
to
council.
B
B
Council
will
go
ahead
and
have
a
discussion
as
to
whether
it's
right
for
a
motion
to
be
placed
on
the
table
for
further
deliberation.
Once
we
place
that
motion
on
the
table,
the
hearing
is
closed
and
so
I'll
go
ahead
and
do
a
time
check,
as
well
as
a
status
check
with
council
at
that
point.
So
right
now
we're
at
members
of
the
public
speaking
and
I
will
remind
our
members
of
the
public
that
you'll
have
three
minutes
each
on
top
of
three
minutes.
B
L
B
C
Okay,
that
was
an
interesting
interlude.
As
a
member
of
san
jose
pack,
I
have
a
western
appliance
refrigerator
decal,
which
was
a
rescued
sign
from
western
appliance
in
san
jose.
That
was
a
strange
segue
anyway.
Yes,
thank
you
happy
new
year
to
everyone,
I'm.
I
have
followed
this
project
for
the
last
17
months
years.
Maybe,
and
I'm
really
happy
with
the
way
the
project
has
progressed
it
I'm
really
happy
and
appreciative
that
a
retail
component
was
kept
at
this
site.
C
There
is
housing
options,
lots
of
different
types
of
housing,
and
then
there
is
retail,
and
this
my
family
has
used
the
shopping
center.
For
many
years.
My
brother
used
to
go
to
the
pet,
stop
pet
store
all
the
time,
and
it
was
a
that
area
is
quite
rural
and
and
this
is
kind
of
a
community
center
there.
I
think
that
the
the
it
is
a
unique
site,
but
I'm
really
glad
that
there's
been
a
lot.
It
looks
like
there
was
a
lot
of
detail.
C
A
lot
of
people
took
a
lot
of
effort
to
try
to
make
this
something
that
would
fit
in
the
community,
and
I
really
think
the
retail
is
just
a
fantastic
component
of
this.
So
thank
you
very
much.
We're
real
happy
to
see
retail
retained,
especially
this
is
people
use
this
area
going
and
coming
because
there's
a
lot
of
traffic
up
and
down
the
road
there.
Thank
you
so
much.
D
E
B
E
I
apologize
for
their
option
I
do
have.
I
do
just
recently
received
two
emails
to
be
read
aloud
from
the
public.
B
Okay,
very,
very,
very
good,
madam
city
clerk.
Please
please
proceed.
E
Okay,
first
email
is
from
candace
quack,
dear
mayor
paul
and
members
of
the
cupertino
city
council.
I
live
up
on
the
hill
from
the
proposed
development
at
10625,
south
foothill
boulevard.
I'm
ready
to
express
my
support
for
the
proposed
development,
which
is
long
overdue.
I
drive
past
this
area
every
day
and
look
forward
to
when
it
will
be
modernized
and
match
the
charm
of
this
neighborhood.
I
urge
the
council
to
support
this
project
and
move
it
forward
as
quickly
as
possible.
Thank
you.
Candace
and
brandon
smith,
san
juan
road
cupertino.
E
That's
the
first
communication.
Second
communication
is
from
andrew
wang
and
I
don't
know
if
I'll
get
through
all
of
it,
but
I'll
start
reading
to
the
cupertino
city
council.
We
are
deeply
disturbed
by
the
contents
of
the
canyon
crossing
proposals,
landscape,
planting
plan,
landscape,
planting
plan
calls
for
nandina,
domestica,
heaven
or
otherwise
known
as
heavenly
bamboo
in
the
wild
nandina
is
found
only
in
eastern
asia.
We
oppose
the
use
of
nandina
in
this
landscape
planting
plan.
All
parts
of
nandina
contain
cyanide,
a
deadly
poison.
E
The
berries
can
kill
animals
to
eat
them,
including
wild
birds,
as
well
as
domestic
dogs
and
cats.
The
landscaping
the
landscape
planting
plan
calls
for
lantana
camara
in
the
wild
lantana
is
found
only
in
central
america.
We
oppose
the
use
of
lantana
in
the
landscape
planting
plan.
All
parts
of
lantana
are
toxic.
E
The
california
invasive
plant
council
warns
that
lantana
is
known
to
cause
problems
in
climates
similar
to
california's.
El
camera
is
generally
deleterious
to
biodiversity
and
human
activities
and
has
been
the
target
of
control
programs
for
a
century
in
australia,
india
and
south
africa.
Aggressive
measures
to
eradicate
el
camera
over
the
last
two
centuries
have
been
largely
unsuccessful
and
the
invasion
trajectory
has
continued
upward.
Despite
control
measures
in
c
cabi
invasive
species
compendium,
for
instance,
in
australia,
lantana
is
so
troublesome
that
the
government
has
outlawed
its
trade.
E
California's
native
flora
and
fauna
have
spent
hundreds
of
thousands
of
years
or
even
millions
of
years,
co-evolving
extremely
complex
relationships,
parasitism
plant,
defenses,
predator,
prey,
herbivory
and
so
much
more,
including
many
more.
We
cannot
see
such
as
bacterial
and
fungal
relationships.
E
An
exotic
flower
in
asia
may
have
pretty
colors
and
even
benefit
one
or
two
local
pollinators,
but
it
can
never
provide
the
ecological
value
of
these
complex
ecological
interactions.
We
live
in
historic
times
where
climate
change
and
environmental
destruction
have
wrought
and
told
havoc
on
the
world.
Restoring
california's
natural
ecosystem
ecosystem
is
a
key
step
in
combating
the
modern
climate
crisis.
E
The
city
of
cupertino's
parks,
direct
master
plan
sets
conservation
as
its
very
first
goal.
Based
on
the
above,
we
believe
that
this
landscaping
plan
does
not
contribute
toward
the
first
goal
of
the
master
plan.
We
commend
the
landscape,
planting
plans.
Inclusion
of
plants
such
as
filos
densiflora,
salvi
clevelandi,
corrects
to.
E
I
apologize,
I
probably
butchered
that
the
ability
for
native
plants
to
create
beautiful
landscapes
that
delight
people
is
clearly
not
lost
in
the
architects
of
canyon
crossing.
We
encourage
architects
to
do
the
same
in
this
case
as
well.
We
would
suggest
that
the
architects
of
canyon
crossing
choose
from
this
non-exhaustive
list
of
california
plants
to
replace
the
proposed
nandina
and
lantana.
We
urge
the
city
council
to
help
the
canyon
crossing
development
proposal
until
these
issues
are
addressed
and
resolved.
B
B
Okay,
great
so,
let's
bring
this
back
to
our
city
staff
as
well
as
the
applicant.
Was
there
anything
in
follow-up
to
what
you
heard
from
members
of
the
public
either
spoken
or
written
that
you
would
like
to
respond
to
at
this
point.
K
K
It
doesn't
really
fit
well
with
hanging
it
back
up
on
our
project,
because
it's
not
a
market,
but
I'm
sure
that
they
may
have
some
place
in
the
city
where
they
can
repurpose
that
time
for
historical
purposes.
So
we're
happy
to
cooperate
with
that
request,
and
I
appreciate
the
support
from
the
couple
other
commenters.
B
At
this
point,
I
ask
that
people
ask
clarifying
questions,
feel
free
to
deliberate
a
bit
at
this
point
to
get
us
to
a
sense
of
you
know
where
we,
where
we
stand
on.
You
know
a
potential
motion
and
you
know,
because
we
normally
do
I'll,
go
ahead
and
keep
some
time
here.
Let
me,
just
you
know,
allocate
about
three
minutes
each
and
I'll.
Let
you
know
where
things
are
once
we
have.
These
questions
asked,
and
so
our
first
hand
is
from
councilmember
moore.
M
K
That's
a
loaded
question.
This
wasn't
our
first
application
of
the
city,
so
I
I
I
really
it's
a
just
a
loaded
question.
I
we
specifically
did
a
pudding.
K
We
had
an
incredible
amount
of
guidance
from
staff
as
to
what
what
the
city
wanted
in
this
project.
So
I
don't
know
if
I
don't
know
where
we
fit
in
the
neighborhood
center
of
the
zoning
thing.
I
know
that
we
opted
for
a
ped
plan
and
made
it
a
used
project
to
satisfy
with
the
requests
of
staff,
not
sure
that
directly
answers
your
question
or
what
you're
looking
for
me
to
say,
but
that's
how
we
spent
our
time.
M
Okay,
now
I'm
just
curious
because
you
do
provide
the
commercial
component
and
I
was
wondering-
and
maybe
staff
can
answer
this-
can
I
I'm
interested
in
the
the
member
of
the
public
andrew
talking
about
the
nandina
and
and
lantana
I'm
particularly
interested
in
the
lantana
issue,
because
I
know
we
see
I'm
seeing
it
in
some
of
our
medians
and
so
I'm
a
little
concerned
that
maybe
we
need
to
be
switching
that
out
in
the
future.
M
But
do
we
have
the
flexibility
to
make
requests
of
the
the
developer
to
alter
these
landscape
plants?
Is.
M
H
M
And
that,
and
for
me
I
mean
it
might
be
something
different
for
for
the
other
council
members,
but
I'm
a
little
more
open
with
saying
that
climate,
appropriate
and
or
native
plants-
I'm
not.
I
know
some
people
are
saying
it
has.
Things
need
to
be
native
exclusively,
but
climate
appropriate.
M
Okay,
exactly
okay
and
then
just
recently,
I
was
looking
at
the
site,
art
requirements
that
we
have
for
projects
and
I'm
wondering
is
there
a
requirement
for
this
project
to
be
providing
site,
art
and
lo
showing
the
location?
Because
I
was
one
of
the
things
that
I
was
seeing
in
the
general
plan
is
that
they
want
to
see
the
location
of
where
that
art
is
going
to
be.
So
I'm
wondering
if
that
is
a
requirement
that
we
we
need
to
have
for
this
project.
H
M
Okay,
thank
you
and,
and
the
city
attorney
might
have
some
more
information
on
that,
because
we've
been
asked,
I've
been
asking
him
some
questions
regarding
that
bit
of
municipal
code
and
and
we'll
leave
it
to
that,
and
that's
the
the
end
of
my
questions
for
now.
Thank
you.
B
Thank
you,
councilmember
moore,
good
timing,
you're
right
three
minutes.
Let's
go
on
to
vice
mayor
ciao,.
N
H
We
do
not
have
a
selected
recommended
list
of
plans
to
select
from
for
a
landscape
palette.
N
Okay
and
then
regarding
the
bmr
unit,
I
don't
see
bmr
unit
size,
so
the
bmr
number
of
bedrooms
are
not
really
comparable
with
the
market
rate
right
and
is
there
a
comparison
chart
and
also
the
size.
H
So
the
for
sale
units
are
all
three
bedrooms
each.
We
do
not
anticipate
that
the
largest
three
bedroom
units
would
be
the
bmr
units,
and
we
anticipate
that
the
the
the
four
rent
unit
would
be
a
two
bedroom
unit,
but
it
may
not
be
the
largest
two-bedroom
unit,
if
that
makes
sense.
N
At
that,
okay,
great
and
then
how
about
the
tree
removal
or
I
from
the
picture-
I
don't
see
trees,
so
our
trees
being
removed.
Are
there
going
to
be
trees
planted.
H
Sorry,
I'm
trying
to
multitask
here
all
right.
Yes,
there
are
trees
being
removed
and
I
believe
they
are
identified
in
the
staff
report.
I'm
just
going
to
go
here
and
pull
that
up.
N
C
N
H
So
I
I
can
speak
to
the
tree
removals
council
vice
mayor
ciao.
There
are
actually
no
protected
trees
that
are
being
removed.
So
I
apologize
for
the
confusion
earlier.
I'm
mixing
up
the
two
projects,
but
no
no
true
protective
tree
removals
with
this
particular
project.
However,
the
applicant
is
providing
many
trees
as
part
of
the
plant
development.
B
Pew,
actually
in
the
in
the
subject
of
the
agenda,
it
does
indicate
there
are
four
protected
trees.
H
Now
I'm
confusing
myself
after
both
staff
reports
pulled
up
you're
right,
mr
mayor,
there
are
four
trees.
I
think
one
is
a
persimmon.
One
is
an
oak
tree.
Let
me
see
one
it
and
the
other
two
are
also
smaller
trees
and
I'm
gonna
pull
that
up
right
now.
H
Yes,
one
palm
tree
and
one
redwood
tree,
and
so
yes,
the
applicant
is
replacing
them
with
six
24
inch
coastline
oak
trees
and
one
36
inch
box
coastline
of
oak
trees
and
they're.
In
addition
to
that
planting
nine
additional
trees
throughout
the
site.
So
apologies
for
the
confusion.
B
Okay,
vice
mayor,
let
me
go
on
to
council
member
willie
at
this
point
and
I'll
go
over
and
give
you
some
of
my
time
for
you
to
follow
up
later
council
member
willie.
P
Yeah
great,
thank
you,
nice
presentation,
project's,
looking
good
to
try
and
you
know
kind
of
get
a
real
brief
synopsis
of
how
well
or
what
what
issues
there
are.
The
project
versus
the
general
plan,
the
heart
of
the
city,
the
municipal
code.
P
You
know
real
brief
for
the
you
know
the
residents
that
are
watching
you
know:
1.5
acres,
18,
residential
units,
4
500
retail,
what
other
aspects
and
how
do
those
conform
to
the
general
plan?
I
think
he
said
it
presently,
it's
r3,
so
that
zoning
would
get
changed.
But
can
you
briefly
tell
us
how
well
this
conforms.
H
Yes,
I
go
over
that,
so
there
are
this
project,
does
support
and
put
for
you
know,
comply
with
several
of
the
city's
general
plan
policies.
We
did
identify
a
list
from
the
general
plan
in
the
staff
report
and
I'm
going
to
reference
that
it
does
talk
about
pedestrian-oriented.
It
supports
the
policies
regarding
pedestrian-oriented
public
spaces.
H
As
I
mentioned,
there
are
two
public
there's
one
public
commons,
open
space
for
the
commercial
area
and
one
common
open
space
for
the
residential
area
they're
both
at
the
street
level.
So
those
are
pedestrian
oriented
in
terms
of
site
planning.
There
is
a
connected
internal
street.
It
kind
of
lines
up
with
existing
streets
in
the
public
right-of-way
there
are
active
uses
along
the
street,
which
is
all
the
commercial
uses
that
they're
proposing
there
is
going
to
be
outdoor
dining,
potentially
on
in
that
plaza
area.
H
There's
site
planning
there,
like
I
mentioned
the
there's
framing
of
the
street
in
terms
of
how
the
building
is
proposed.
There's
building
design
the
building
itself
is
compatible
in
terms
of
height
and
massing
with
the
structures
around
it.
It
has
an
attractive
design,
which
is
a
strategy
elio
3.3.1
they're.
Using
different
massing
techniques,
different
materials,
a
lot
of
variation
in
the
landscape
palette,
they're
screening,
the
equipment,
the
mechanical
equipment
that
they
need
for
the
property.
P
So
I
think
that's
good,
I
think
that's
good,
so
the
follow-up
question
would
be
how
about
the
impact
to
the
surrounding
community
traffic
noise.
Things
like
that,
how
do
those
things
fit.
H
Sure
in
general.
H
Q
I
can,
but
you
did
answer
it
correctly,
that
this
the
residentials
does
generate
less
troops
than
commercial,
that
that's
kind
of
a
general
rule
about
the
two
land
uses.
So
any
noise
that
would
come
from
trips
or
cars
is
less
under
the
proposed
condition.
B
Okay,
great,
thank
you.
Everyone
and
yeah,
so
you've
reached
your
three
minutes,
john
and
I
I
went
ahead
and
started
my
timer
as
well,
but
councilmember
way
did
you
have
any
questions
at
this
point
that
you
wanted
to
ask
the
staff
for
the
applicant.
B
And
unmute
yourself.
R
No,
no,
I
I
couldn't
find
a
new
button.
Okay,
so
one
quick
question:
I
really
appreciate
the
project.
It
has
been
done.
You
know
very
thoroughly
with
environmental
impact
reports
it
it.
The
applicant
did
say
it's
a
long
proc
I
mean
they've
been
working
on
it
for
a
couple
years.
So
when
I'm
reading
the
report,
it
says
it
starts
september,
14th,
2018
and
the
deemed
complete
and
january
6
2021..
F
Also,
I'm
aware
and
way
and
through
the
mayor,
if
I
could
a
quick
response.
Thank
you.
Thank
you
for
the
question.
It
comes
from
away,
so
development
projects
take
a
variety
of
time
frame
to
to
to
complete.
So
while
it
may
be
somewhat
uncommon
for
a
project
this
size
to
take
as
long
as
it
has,
the
project
did
have
some
environmental
concerns
that
needed
to
be
addressed.
F
R
Thank
you
ben.
So
is
it
safe
to
say
that
this
project
has
been
really
gone
through
a
good
detailed
reports
and
reviews
so
that
it's
really
a
pretty
complete
project
right
now.
B
Okay,
thank
you
councilmember
way,
I'll
go
ahead
and
bring
it
back
to
our
other
members
of
council.
You
know
consolidated
we're
doing
pretty
well
on
time.
We
have
another.
Few
minutes
left,
let's
say
about
four
four
and
a
half
between
councilmember
away
and
my
own
remaining
time.
So
I
do
see
a
couple
of
hands
from
the
vice
mayor
as
well
as
councilmember
moore
vice
mayor.
Did
you
want
to
ask
some
follow-up
questions
at
this
point.
N
Could
I
get
answers
for
the
bmr
type
and
size
comparison?
I
think
pure
is
trying
to
multitasking
right?
Is
there.
H
So
I'm
happy
to
pull
up
the
plans
and
I
do
not
believe
that
the
bmr
units
are
identified
on
the
plans
at
this
point.
However,
let's
see
the
I
hope
everybody
can
see
my
screen
and
it's
legible.
Oh,
no,
not
yet.
H
H
However,
I
do
have
the
table
pulled
up
here
of
the
different
bmr,
not
the
br,
but
the
the
the
units
and
their
sizes
that
that
are
being
proposed
by
the
applicant,
and
so
the
the
first
table
that
you
see
here
is
the
different
single
family
homes
and
the
duplex
and
triplexes,
and
the
second
table
here
is
the
different
flats
that
are
proposed.
N
H
So
it
is,
our
bmr
requirement
says
that
the
the
mix
is
supposed
to
be
the
same.
So
if
there
are
three
bedroom
units
that
there
be
three
bedrooms
in
the
units
that
are
bmr,
which
in
this
case
it
doesn't
matter
which
bmr
unit
is
provided
because
the
number
of
bedrooms
would
be
the
same.
But
if
the
council
has
a
as
a
preference,
I
mean
they
could
certainly
voice
that
at
this
point
or
make
that
a
condition
of
approval,
but
that
is
generally
negotiated
when
the
bmr
agreement
is
being
negotiated.
H
With
regard
to
the
apartments,
as
I
mentioned,
one
of
the
two
bedroom
apartments
would
be
made
available
for
as
a
bmr
unit,
and
you
can
see
the
two
bedroom
apartments
are
identified
in
the
second
table
here.
H
Yes,
yeah,
so
the
in
general.
Our
requirement
is
for
this
project.
H
I
believe
there
are
two
units
that
are
required
to
be
provided
and
as
a
result,
because
there
are
two
units
that
need
to
be
provided,
one
of
them
needs
to
be
median,
and
one
of
them
needs
to
be
moderate
income
and
for
the
apartments
that
one
unit
needs
to
be.
I
believe
so.
It's
very.
N
N
H
That
is
a
feature
of
the
plan
development,
zoning
district,
which
allows
a
developer
to
propose
a
project
and
propose
setbacks
whether
they're
zero
to
any
number-
and
in
this
case
there
are
setbacks
proposed
from
the
areas
surrounding
the
project,
essentially
that
about
the
residential
properties.
Those
setbacks
are,
I
believe,
a
minimum
of
15
feet
or
13
feet.
Something
like
that
to
allow
for
a
good
enough
setback
from
those
residential.
N
But
it's
zero!
It's
zero
feet
a
long
foot
hill
zero
feet,
so
there
is
no
setback,
no
slope
for
for
this
plant
development
project.
N
B
That's
the
then,
if
this
project
is
still
aligned,
yeah.
B
Okay,
we
actually
don't
have
time
remaining
on
this
initial
tranche.
Let
me
do
a
check
in
here
with
council
members,
moore
and
willie.
Do
you
have
a
time
estimate
on
some
of
your
follow-up
questions
and
about
how
long
it
would
take
just
so
we
have
an
idea
of
this.
M
I
can
let
council
member
willy
go
ahead
of
me.
I
want
to
look
something
up
at
the
moment.
If
that's
all
right.
B
Okay,
so
say
another
five
minutes
or
so,
and
then
we'll
see
where
we're
at
at
that
point,
okay,
councilman,
william,
took
it
away.
P
Yeah,
okay,
so
offer
staff.
You
know
I
like
what
I
heard
from
the
developer.
He
got
a
lot
of
guidance
from
staff.
You
know
from
the
city
council
from
this
city,
councilman's
point
general
plan
general
plan
general
plan.
I
like
that.
P
I
also
like
that
staff
is
asking
for
authority
to
negotiate
on
the
landscape.
Okay,
now
on
to
the
question-
and
this
is
for
the
city
attorney,
you
know
waiting
until
an
approval
to
negotiate
the
the
details
of
the
br
bmr
units
can't
can't
we
have
those
things
put
out
at
you
know
for
our
for
the
approval
they
can
definitely
be
negotiated
during,
but
it
can't
we
have
that
done.
First,
do
we
need
to
update
the
general
plan
or
the
munich
code.
I
I
think
go
ahead.
Chris
go
ahead.
S
So
I
don't
know
if
it
would
be
a
general
plan
or
even
a
municipal
code
requirement.
I
can
say
that
I've
never
seen
it
done
that
way
before
it's
like
every
time.
I've
always
seen
the
unit
designated
at
the
time
that
the
regulatory
agreement
is
negotiated,
which
is
you
know,
typically
a
post
approval
process.
P
P
M
Hey
thank
you
and
looking
at
the
the
land
use
designation
map
lu17
from
our
general
plan,
they're,
showing
an
asterisk
and
and
labeling
this
the
neighborhood
center
and
then
our
zoning.
I
just
wanted
to
clarify
this
with
council
member
willie.
The
current
zoning
is
a
plan.
Development,
general
commercial
and
the
new
zoning
is
planned,
general
commercial
residential,
so
that
that's
the
switch
that
we're
going
to
it
also
has
a
non-residential
land
use
designation
with
a
definition
that
says
something
like
it's.
M
You
know
predominantly
commercial
uses,
so
this
project,
while
it
does
have
commercial,
it
is
predominantly
residential
for
this
site.
So
I
I've
had
some
question
about
whether
or
not
we
are
truly
consistent
with
the
general
plan
and
I've
heard
some
answers
that
there's
some
soft
language
things
of
that
nature
for
this
for
this
site.
M
You
can
have
21
units
at
this
location,
so
they
they
actually
could
have
three
more
units
here
and
I
haven't
yet
heard
the
heard
the
answer
about
the
site-
art,
I
believe
that's
chapter,
19
148
in
the
in
the
general
plan
for
art
and-
and
I
looked
at
it
a
couple
times
and
there's
this
one
sentence
where,
where
you're
going
to
designate
where
the
art
will
be
located
on
the
project
or
you
I
mean
you
could
have
in
lieu
of
fee
for
it.
H
I
can
actually
that
was
part
of
my
multitasking
trying
to
figure
that
out.
So,
yes,
there
is
an
art,
public
art
requirement
on
this
project,
and
it
will
when
we
eventually
the
artwork
is
proposed
by
the
applicant.
We
do
work
with
the
applicant
to
make
sure
that
it
is
proposed
at
a
prominent
location
on
the
site.
In
this
case,
it
is
probably
going
to
be
located
somewhere
around
that
driveway,
that
you
know
fronts
mcclellan,
because
that
is
the
prominent
entrance
to
that
property.
M
Okay-
and
I
saw
that
the
the
percentages
for
the
value
of
the
art
has
changed,
I'm
not
sure
how
you
would
calculate
it
based
on
the
look
like
cost
of
construction,
and
is
that
something
that
the
developer
gives
you
that
number
and
you
you
run
the
numbers:
okay,
okay,.
B
Thank
you,
council,
member
moore.
Let's
go
back
to
vice
mayor
advisor
about
how
much
longer
do
you
have
for
questions
at
this
point.
N
Okay,
I'd
like
to
make
a
motion
to
approve
the
staff
recommendation
to
to
adopt
resolution
number
22-001.
N
Do
I
need
to
read
everything
or
just
the
staff
recommendation,
with
the
addition
that
the
conditions
of
approval
will
include
the
to
give
the
staff
authority
to
negotiate
the
landscaping
choices.
B
Okay,
so
it's
as
you
recited
with
regard
to
the
landscaping
choices,
the
language
that
you
have
placed
into
there.
Let
me
go
ahead
before
I
ask
for
a
second:
let
me
go
ahead
and
remind
our
council
that
once
we
get
a
second
and
we
start
the
deliberative
process,
I'm
going
to
go
ahead
and
close
the
hearing,
and
so
did
anyone
have
further
questions
at
this
point.
I
do
see
pew
with
her
hand
up.
I
do
see
that,
and
so
let
me
go
ahead
as
well.
B
If
we
don't
have
any
further
questions,
let
me
tell
you
how
this
will
go.
I
will
ask
the
city
clerk
to
conduct
the
first
reading
of
the
ordinance
22-2236,
but
let's
go
back
to
staff
first
pewd
did
you
have
anything
to.
A
H
B
Okay,
so
there
are
two
items:
there's
a
desk
item
for,
I
believe
what
was
the
recommended
action
c
as
well
as
what
pew
is
referring
to
here
regarding
the
phasing
in
the
presentation
that
she
provided
and
so
vice
mayor
ciao.
Will
you
incorporate
those
into
your
motion.
N
B
P
I
was
definitely
second,
I
did
have
two
just
quick
questions.
I
think.
Okay,
let's
take
those
first
okay,
I
I
was
happy
vice
mayor
chow
pointed
out
that
there's
no
setback.
What
is
the
distance
from
the
curb
of
the
street
to
the
building
such
that?
That
is
the
amount
of
space
before
the
surface
of
the
buildings
reached
and
yeah.
That
would
be
the
first
question.
P
Mean
the
second
question,
then,
being
it
was
mentioned
that
there's
bike
improvements
along
the
foothill?
Is
that
developer
paid-
or
it
was
just
mentioned,
as
an
extra
thought.
H
P
Well,
that's
good
because
I
suppose
I
looked
at
the
drawing
it
didn't
just
jump
out
at
me.
The
second
question
being
the
it
was
mentioned
that
there
are
bicycle
and
pedestrian
improvements
being
made
made
along
the
frontage
of
the
property
and
are
those
being
paid
for
by
the
applicant
or
is
that
city.
H
H
B
Okay,
great
vice
versa.
You
still
have
your
hand
raised
to
join.
N
You
have
one
question
re
about
first,
regarding
the
bike,
and
so
the
bike
improvement
is
on
site
right,
it's
not
on
the
bike
path,
I
think
outside
they.
They
have
a
bike
shop
now
and
then
they
provided
some
bike.
Some
friendly
features
for
bikers
in
on
this
property.
I
don't
remember
what
exactly
were
those
right?
N
N
N
Okay,
yeah
for
disclosure,
I
did
meet
with
patrick
clock
and
then
I
understand
that
this
is
a
location,
that's
frequented
by
some
bikers
who
bike
a
long
foothill
and
then
they
are
providing
this
commercial
location
so
that
it
will
continue
search
to
serve
that
population.
K
Myself
or
chad
can
probably
answer
this
question.
There's
two.
The
way
the
city
works
from
in
my
experience
in
the
last
several
months
years
is
that
there
are
requirements
in
the
public
area
and
there
are
requirements
in
the
private
commercial
area.
So
we
have
bike
lockers
located
in
the
garage
area
of
our
proposal.
So
there
are
some
bike:
lockers
and
storage
things
to
store
bikes
securely
in
the
basement,
as
well
as
bike
racks
up
adjacent
to
the
commercial
area
that
pew
mentioned
that
will
be
available
outside
of
the
commercial
4500
square
feet
area.
K
Be
plenty
of
room
for
them
to
park
and
store
their
bikes
on
site,
but
we
don't
have
any
control
over
who
those
tenants
might
be,
but
we
have
accommodated
to
the
city's
code
for
on-site
bike
stuff
and
then
public
works
is
having
us
put
curb
and
gutter
and
sidewalk,
which
none
exists
right
there
and
a
bike
lane
all
on
that
area.
So
it'll
be
much
safer
going
through
there
for
the
biking
and
walking
community
who
has
which
they
have
no
safe
place
to
go.
At
this
point,
chad.
T
That's
correct
dan
sidewalks
being
installed
along
the
project
front
edge,
which
will
enhance
pedestrian
safety,
and
the
bike
lanes
are
being
slightly
widened
to
provide
six
foot
lanes
along
this
property
furniture
for
anybody
who's
biked
out
there.
You
know
that
the
lanes,
the
bike
lanes
are
minimal
at
best
along
portions
of
foothill
and
along
this
property.
Frontage
is
one
of
those
areas
where
it
currently
is
minimal,
but
are
being
expanded
to
six
feet.
N
That's
good
to
know
so
one
other
question
regarding
setback
is:
I
think
people
mentioned
that
if
the
project
were
in
going
through
the
streamline
approval,
it
would
have
needed
to
comply
with
the
r3
requirement,
which
would
have
a
setback
right
along
foothill.
N
But
now,
since
this
is
going
through
discretionary
approval,
it
doesn't
need
to
comply
with
r3
and
then
the
current
plan
development
doesn't
have
any
setback
requirement
or
slope.
Is
that
so
so
my
question
is:
is
that
right
and
then
my
question
is
what
would
have
been
the
setback
and
slope
if
this
were
r3.
H
If
this
were
r3,
we
would
probably
have
to
see
what
the
front
property
line
would
be,
but
had
all
of
the
property
line
along
stevens,
canyon
and
foothill
been
the
front.
Then
the
setback
would
have
been
20
feet
over
there.
However,
with
that
said,
that
would
certainly
those
multi-family
units
would
be
much
smaller
and
and
would
not
be
single-family
or
townhome
units.
So
the
whole
purpose
of
allowing
plan
development
zoning
district
is
to
give
flexibility
to
come
up
with
setbacks
that
would
accommodate
the
types
of
units.
B
Okay,
great,
I
have
one
question
and
one
question
only
what
what
is
the
applicant
doing
to
anticipate
you
know
some
evolving
changes
in
transit
right
now,
so
we
might
have
drop-offs
delivery
of
food
pickups.
Is
there
anything
within
the
plans
or
is
the
anticipation?
Just
you
know
you
might
have
to
reserve
a
parking
space
or
two
for
vehicles
like
that.
A
K
To
identify
some
of
those
as
either
short
term
or
if
we
continue
to
have
a
coping
problem
in
the
next
few
years,
we
may
have
to
identify
some
as
pickup
spaces
for
people
to
pick
up
to
go
food.
If
there's
a
restaurant
in
the
premises,
some
of
them
may
have
to
be
identified
as
short-term
spaces.
K
K
B
I
was
really
thinking
more
from
the
perspective
of
of
residents
that
are
there
right.
They
might
request
food
delivery
from
the
outside.
They
might
actually
be
changing
their
their
transit
oriented
patterns.
Right
instead
of
you
know,
relying
so
much
on
personal
vehicles.
They
could
be
utilizing
more
of
a
drop
off.
You
know
pick
up
kind
of
you
know
paradigm.
B
B
We
have
a
shuttle
service
that
we're
rolling
out
again
in
cupertino,
it's
currently
in
its,
I
believe,
second
or
third
month,
since
we
positive
for
the
pandemic,
so
I'm
just
trying
to
get
a
sense
of
whether
that's
been
anticipated,
and
I
hear
what
you're
saying
with
regard
to
the
retail
component
and
there
are
parking
requirements,
and
I
I
think
that's
that's
a
good
answer,
but
I'm
just
wondering
if
it's
a
complete
answer
with
regard
to
what's
available
for
that
type
of
parking,
and
I
did
see
chad,
you
had
your
hand
raised.
T
With
that
stated,
there
are,
as
dan
had
indicated,
a
number
of
parking
stall
or
parking
spaces
on
site,
and,
additionally,
the
site
is
equipped
with
a
you
know,
an
on-site
road
that
pulls
people
off
of
foothill
and
would
allow
for
pretty
fairly
easy
drop
off
of
people
from
like
an
uber
or
some
other
taxi
service,
as
well.
As
you
know,
there's
adequate
space
for
somebody
to
park
on
that
road
and
drop
off
delivery
stuff,
and
it
shouldn't
enhance
it.
Shouldn't
create
any
safety
issues.
B
Okay,
well,
that
was
my
question.
Thank
you
very
much
for
the
answers
from
the
applicant
and
from
our
staff
member.
Let's
go
ahead
and
take
a
second,
and
once
we
do
that,
I
will
go
ahead
and
ask
our
city
clerk
to
conduct
that
first
reading
of
the
ordinance
did.
Anyone
want
to
second
vice
mayor
ciao's,
councilmember,
moore.
M
I'm
sorry,
I
just
have
a
quick
question.
I
just
ran
across
something
regarding
the
investing
tentative
you've
got
15
separate
parcels
in
the
vesting
tentative
you're
not
intending
for
those
to
be
like
for
sale.
You've
got
1
to
13
are
occupied
by
town
homes.
Are
you
anticipating
those
being
for
sale.
K
Lot
number
14
is
the
commercial
and
apartment
building
and
lot
number
15,
I
believe,
is
the
open
space.
So
all
of
the
space
that
is
owned
in
common,
so
all
14
titled
owners
will
own
the
common
area.
The
road,
the
private
roads
and
the
common
park
area
are
considered
lot
15.,
so
each
titled
owner
will
own
like
lot.
Seven.
S
K
M
Into
your
question,
yes,
so,
and-
and
are
the
bmrs
then
numbered
this
in?
Are
they
in
this
one
to
15,
which.
L
K
Unit
project
and
you
have
to
have
15
units
that
are
below
market
rent
units
you'd
have
to
have
five
one
bedroom:
five,
two
bedroom
and
five
three
bedroom
units.
We
happen
to
have
all
the
same
number
of
units
in
every
single
one
of
our
units
that
are
for
sale.
So,
therefore,
staff
didn't
take
a
lot
of
time
to
figure
out
the
the
the
you
know,
the
schematic
of
what
units
or
bmr.
K
M
H
And
they
just
so
we're
clear.
This
applicant
did
apply
before
the
city
changed
its
requirements
for
the
20
bmr
requirement.
So
the
requirement
for
this
particular
application
is
a
15.
M
Thank
you
was
the
applicant.
What
was
the
application
deemed
complete
before
or
after
the
the
ordinance
was
adopted.
R
Yes,
a
real,
quick
question
for
the
applicant
actually
to
to
do
the
simultaneous
construction.
Is
there
pros
and
cons
or
is
it
doable
or
it's
not
an
issue
or
it
could
be
an
issue.
K
It's
actually
the
only
way
to
do
it.
The
way
we
designed
this
project,
the
underground
parking
garage,
is
actually
underneath
the
road
that
mr
mosley
suggested
that
you
know
it's
really
a
two-lane
road
that
goes
through
the
project.
That's
a
private
road
that
private
road
is
mostly
or
probably
50
percent
constructed
over
the
parking
garage.
So
we
can't
we
just
basically
engineering
and
structurally
and
construction-wise.
It
all
has
to
happen
at
the
same
time.
K
So
I
appreciate
council
and
staff's
discussion
of
all
this,
but
it
really
has
to
happen
at
the
same
time.
Otherwise
it
all
isn't
going
to
dovetail
together.
I
guess
a
defensive
staff.
You
could
build
the
parking
garage
and
leave
just
a
concrete
pad
sitting
there
and
not
build
the
retail
building.
I
think
that
would
be
a
poor
economic
and
all
kinds
of
other
choices
on
our
part,
so
we
plan
to
build
the
entire
thing.
At
the
same
time,
all
right.
A
K
Well,
we
actually
vacated
the
site
last
spring
when
we
thought
we
were
going
to
be
on
the
city
council
agenda
in
may
and
june,
as
was
originally
publicly
noticed.
So
we've
had
the
unfortunate
task
of
trying
to
keep
our
site
safe
and
people
out
of
it
and
lots
of
other
problems
for
the
last
six
months.
Waiting
for
this
so
you're.
B
B
Okay,
great,
thank
you
very
much,
madam
city
clerk,
and
let's
go
ahead
and
close
out
the
hearing
and
start
the
deliberative
process.
You
know,
I
think
our
questions
have
been
fairly
thorough.
I'm
going
to
kind
of
go
in
reverse
order
here.
Let's
try
to
wrap
this.
You
know
within
about
a
minute
I'll
try
to
lead
by
example.
I
I
think
we
have
some
pretty
good
direction
based
upon
our
our
questions.
B
There's
the
you
know
concern
about
the
native
plants.
Let's
try
to
you
know
adhere
to
that.
Let's
adhere
to
the
spirit
of
the
bmr
manual.
You
know
it
does
look
like
it
was
pretty
close
to
the
border.
So
you
know
if
you're
going
to
cut
you
know
in
favor
of
people
trying
to
find
affordability,
I
would
say:
try
to
cut
for
the
more
expensive
side
of
the
median.
If
you
can.
B
With
regard
to
the
market
assessment,
you
know,
for
me,
I
think
that
we
do
have
a
change
in
transit
coming
we're
already
in
the
middle
of
it,
and
so
you
know
that
that
wasn't
kind
of
an
empty
comment.
I
mean,
I
hope
that
we
can
plan
out
for
how
this
is
going
to
be.
B
Looking
in
terms
of
you
know
your
your
various
you
know,
ubers
lifts
other
types
of
drop-offs
and
and
deliveries
I'd
like
to
see
some,
you
know,
thought
put
into
being
able
to
have
people
charging
cars
fairly
easily
and
I'm
gonna
go
ahead
and
meet
you
because
you're
making
all
right
great.
So
just
let's
go
ahead
and
try
to
you
know
before
thinking
about
this,
but
I
think
the
comments
that
we've
made
can
constitute
you
know
good
direction,
and
hopefully
staff
takes
that
ball
and
and
runs
with
it.
B
So
anyone
else
want
to
make
some
comments
in
deliberation
at
this
point,
or
are
we
in
pretty
good
shape?
Vice
mayor
chow,.
N
One
final
question:
so
we
are
doing
a
rezoning,
but
then
we
don't
need
the
general
plan
amendment
this,
but
we
will
be
changing
the
zoning
map,
which
is
part
of
the
general
plan.
So
I'm
a
little
confused.
Okay.
B
Vice
mayor
ciao,
just
for
just
for
the
purposes
of
this
I'll,
go
ahead
and
reopen
the
hearing,
but
I
just
want
to
make
it
very
clear
when
we
close
the
hearing
we're
going
to
go
in
the
deliberative
process.
So
chris
did
you
want
to
go
ahead
and
answer
vice
mayor
chad's
question
before
I
close
back
to
hear
you.
S
So
the
zoning,
the
zoning
ordinance
in
the
zodiac
map
are
separate
from
the
general
plan.
There
is
a
requirement
that
the
zoning
and
the
general
plan
be
consistent
and
as
long
as
council
can
make
that
determination
of
consistency,
it
can
approve
the
project.
A
B
Okay,
I'll
go
ahead
and
close
that
hearing
again,
hopefully
it's
not
another
question
from
councilmember
moore.
Did
you
want
to
deliberate
or
ask
questions.
M
It's
a
question
of
that.
You
have
the
city
attorney.
B
Regarding,
let
me
reopen
the
hearing
again,
all
right,
so
so
let
me
let
me
just
be
really
clear
about
this.
Okay,
so
when
we,
when
we
close
the
hearing,
that
means
there
are
no
more
questions.
Okay,
so
you
know
I'm
trying
to
give
the
opportunity
to
ask
those
questions,
but
you
know
put
your
hands
up
okay
before
we
call
for
that.
Second,
and-
and
we
have
you
know
any
any
reading
of
an
ordinance
needed,
councilmember
warren.
M
Thank
you,
mayor
paul,
so
I'm
a
little
concerned
that
we're
actually
looking
more
at
a
housing,
accountability,
act
question
and
when
the
application
was
deemed
complete
and
that
the
just
to
say
it
kind
of
in
colloquial
language
that
our
ship
is
sailed
on
arguing
about
the
the
consistency
of
the
project
with
the
general
plan,
because
in
in
in
my
eyes,
when
I
look
at
what's
in
the
general
plan,
the
land
use
designation,
the
neighborhood
commercial
center
requirements
and
then
couple
that
with
the
zoning
that
we
have,
that
that
I
don't
see
consistency.
M
But
it
sounds
like
in
my
opinion.
I
don't
feel
like.
I
have
a
choice
about
the
approval,
because
then
it
I'm
weighing
that
against
the
housing
accountability
act.
If
you
have
some
comments
about
that,
I
appreciate
it.
S
Yeah,
so
so
I
yeah,
so
I
appreciate
that.
I
do
appreciate
the
comment
you
know
so
council
is
limited
to
applying
objective
if
there's
an
inconsistency
with
an
objective
standard
that
does
have
to
be
identified
within
the
time
period
set
forth
in
the
kind
of
housing
accountability
act
and
that
so
that
would
limit
the
ability
of
council
to
deny
the
project
or
approve
it
in
a
way
that
reduces
the
density
of
the
project.
B
Okay,
great
well,
I'm
gonna
go
ahead
and
close
this
hearing
for
the
third
time,
and
you
know
we'll
go
back
into
the
deliberative
process.
If
we
have
any
deliberation
to
make,
I
mean
this
is
essentially
dialogue
amongst
council
on
the
emotion
on
the
table.
N
Another
question
so
I'd
like
to
just
say
that
I
like
how,
then
the
applicant
has
been
pretty
considerate
in
considering
many
aspects
and
providing
setback
to
the
the
other
part
of
the
to
the
neighbors
and
sufficient
setback.
And
the
only
thing
I
don't
like
is
the
zero
setback
along
foothill.
N
So
I
wish
there
is
at
least
some
minimum
standard
in
plant
development
in
the
future,
so
that,
because
when
there
is
no
standard,
we
would
easily
get
zero
and
for
pedestrian.
It's
just
not
pleasant
to
walk
on
sidewalk
along
a
busy
street
with
zero
setback,
no
landscaping
between
the
sidewalk
and
the
building.
N
That's
the
that's.
My
only
concern
was
the
project,
but
I
think
I,
like
the
other
things
I
see,
and
I
do
realize
that
we
have
to
rezone
to
allow
residential
dislocation,
but
I
think
it
it's
suitable
for
this
location,
and
I
I
appreciate
that
we
get
two
for
sale,
bmr
units
and
one
rental,
and
I
see
that
they
will
likely
look
it's
going
to
be
about
the
same
size.
N
But
but
I
wish
that,
as
part
of
the
project
application
and
also
part
of
the
staff
report,
we
could
have
at
least
a
comparison
table
just
I
think
we
had
that
for
the
westport.
I
wish
we
had
that
for
every
project
and
I
like
that
staff
provided
the
setback
table
compared
with
our
requirements
and
what
they
have
provided.
That
table
make
it
very
easy
to
read,
and
I
wish
we
had
that
with
every
staff
report.
N
M
Thank
you,
mayor
paul.
I
I
have
a
little
bit
of
an
issue
with
the
use
of
the
the
heart
of
the
city
standards
for
this
particular
location.
Given
it's
heading
out
into
a
more
rural
part
of
of
I
do
think
for
me.
M
If
this
project
were
to
come
through
again,
I
would,
I
think
it
should
be
having
a
general
plan
amendment
and
given
the
current
environment
of
we
have
so
many
residential
units
which
we
need
to
cite
within
the
city
that
I
would,
at
the
very
least,
want
to
see
that
the
maximum
density
is
being
built
to,
and
I
did
meet
also
with
patrick
kwok,
but
it
was
when
I
was
on
a
planning
commission.
It's
been
a
very
long
time.
The
the
project
looks
somewhat
similar
to
what
I
recall.
M
I
really
appreciate
how
they
did
the
screening
using
the
glass
along
along
the
the
frontage
in
order
to
screen
the
ramp
down
below,
and
I
think
that
the
this
applicant
was
given
a
lot
of
requirements
which
they
needed
to
meet,
which,
as
we
move
on
to
the
next
project,
you'll
see
a
little
bit
of
a
difference
that
they
have
the
commercial
areas.
M
They
may
have
paid
attention
to
detail
for
having
outdoor
spaces,
not
just
for
the
residents
but
for
the
commercial
spaces,
and
I
think
they've
they've
done
a
very
good
job,
making
it
as
attractive
and
and
hopefully
they
get
a
lot
of
the
bicyclists
coming
through
there
and
they
have
a
place
to
to
stop.
And
you
know,
cafe
would
be
awesome.
R
Just
very
brief
comment
how
I
believe
these
projects
were
thought
of.
As
you
know,
the
setback
line
in
the
front
is
low
because
they
have
accommodated
housing.
Single
family
housing
in
the
back.
The
step
by
line
with
the
single
family
in
the
executive
neighborhood
can
have
that
white
sabbat
line,
so
I
believe
every
project.
This
is
a
well
thought
of
project
because
we
have
to
make
some
pros
and
cons
comparisons,
and
I
really
appreciate
the
staffs
hard
work
with
the
applicants
to
make
this
really
a
well-rounded
project.
So
thank
you.
P
P
All
things
said
I.
I
think
this
is
a
good
outcome
and
I
would
like
it
really
understood
that
we
are
negotiating.
P
B
B
B
Great,
does
anyone
want
to
take
a
five
minute
break,
or
should
we
go
into
item
number
two,
I
see
a
nod,
I
see
a
hand.
Okay,
let's
go
ahead
and
reconvene
at
8
10.
It
is
now
805
so
we'll
see
in
five
minutes.
A
A
A
A
F
B
B
Wonderful,
okay,
so
city
manager,
troops
here
director,
foose
here
and
pugoce
from
plantings
here
we'll
go
ahead
and
start
this
back
up.
I
believe
we
actually
have
well.
Most
of
our
council
anyway,
is
back.
So
item
number
two
is
the
second
and
last
item
on
our
special
agenda
tonight.
This
is
the
consideration
of
a
development
proposal
located
at
22690,
stevens,
creek
boulevard
and
the
rest
of
the
description
is
available
on
our
agenda
and,
as
stated,
we'll
have
pugo
from
our
planning
department
go
ahead
and
provide
the
presentation
pew.
U
U
Hi,
I'm
jamie
matheron,
I'm
an
architect.
I've
been
working
on
this
project
for
about
three
years
now
and
then
we
have
john
thatch.
He
can
introduce
himself
there
as
well
john.
U
Yeah
here,
okay!
Well,
I
can
introduce
him
for
us
he's
a
principal
at
dahlin
and
he
can
answer
any
questions
that
you
have
as
well.
G
I'm
eric
robert
christian
attorney
for
the
applicant.
If
there
are
any
legal
questions,
I'm
here
to
answer
those
as
well.
B
Okay,
great
so
no
prepared
presentation,
so
we'll
go
ahead
and
go
as
the
order
was
stated
in
item
number
one.
That's
going
to
be
the
presentation
from
staff
followed
by
questions
from
the,
or
rather
I
should
say,
comments
from
the
public
will
then
bring
that
back
up
to
staff
and
the
applicant
that
who
can
follow
up
on
the
questions
and
comments
from
from
the
public
and
then
we'll
go
ahead
and
bring
it
to
the
city
council
for
questions
and
comments
prior
to
bringing
a
motion
and
closing
the
hearing
and
then
deliberation.
H
H
The
project
site
comprises
of
three
parcels
currently
and
those
three
parcels
are
being
proposed
to
be
merged
and
then
subdivided
into
nine
parcels.
A
nine
parcel
subdivision
with
nine
town,
home,
slash
row,
homes
and
essentially
well
yeah,
let's
go
through
that.
H
The
surrounding
uses
for
this
site
are
residential,
primarily
residential
uses
within
office,
complex
to
the
north
of
it
across
stephens
creek
boulevard
and
a
small
commercial
veterinary
clinic
to
the
northeast
and
a
gas
station
immediately
east
across
south
foothill
boulevard,
and
then
residential
uses
surrounding
it,
with
a
fire
station
directly
adjacent
on
the
west
side
across
from
camino
vista
ride.
The
land
use
designation
for
this
particular
property
is
commercial
residential
and
the
proposed
zoning
designation
for
this
is
zoning.
Change
involved
with
this
project
as
well,
is
to
be
planned
development.
H
Zoning
district
with
cg,
which
is
commercial
uses
and
residential
uses.
The
grow
slot
area
for
this
particular
site
is
0.78
acres
and
after
dedications,
which
are
pretty
significant
along
stevens,
creek
and
south
hotel.
The
net
lot
area
is
about
0.63
acres.
The
density
allowed
on
the
site
is
11,
sorry,
fifteen
rule
units
per
acre
and
the
height
allowed
by
the
general
plan
is
thirty
feet
for
this
particular
site.
H
Once
again.
The
development
regulations,
because
these
are
this-
is
a
planned
development.
Zoning
district
are
flexible
and
if
they
had,
if
this
had
been
a
streamlined
project,
they
would
have
to
comply
with
the
r3
zoning
standards.
However,
because
they
went
into
the
discretionary
review
part
of
the
of
the
city's
review,
they
are
proposing
different
standards
for
this,
and
I
do
have
a
table
that
indicates
the
different
varying
setbacks
that
they
have
proposed.
H
The
setbacks
range
from
81
feet
all
the
way
down
to
5
feet.
I
believe
and
of
course,
there's
zero
setbacks
for
some
of
the
newly
proposed
buildings
where
there
are
attached
row,
homes
of
which
there
are
two
there
is
the
on
site.
There
are
going
to
be
four
buildings
with
two
triplex
buildings,
one
duplex
building
and
one
standalone
building
at
the
corner
of
south
hotel
and
steam
street
boulevard.
H
The
height
that
is
proposed
complies
with
the
general
plan.
The
proposed
density
is
quite
a
bit
less
than
the
general
plan
density.
As
I
mentioned,
the
setbacks
range
from
five
feet:
seven
inches
to
about
82
feet
the
open
space,
which
draws
inspiration
again
from
the
heart
of
the
city.
Specific
plan
ranges
from
115
square
feet
to
639
square
feet.
The
parking
is
code
compliant
at
2.8
unit
2.8
spaces
per
unit.
H
The
unit
mix
on
the
side
is
these
units
are
fairly
large
they're
four
bedroom
units
they're
essentially
two
unit
types
that
have
four
bedrooms
each
and
there
is
one
unit
which
is
a
three
bedroom
unit
which
includes
an
adu
in
it
for
a
total
of
nine
units,
not
including
the
adu
of
within
this
project.
Again,
there
are
eight
market
rent
units
and
one
bmr
unit
at
the
moderate
income
level
in
terms
of
site
planning.
The
site
gains
access
from
both
camino
vista
through
to
south
foothill
boulevard.
H
The
units
are
placed
closer
to
the
street
to
be
further
away
from
any
of
the
adjacent
residential
uses.
It
does
create
the
existing
commercial
building
on
the
site
and
there
isn't.
The
rest
of
the
site
is
pretty
unimproved.
Currently
they
are
proposing
some
parallel
parking
along
stevens
creek
boulevard
and
they
are
proposing
site
frontage
improvements
all
along
the
site,
front
frontage,
they're,
proposing
a
detached
sidewalk
and
a
double
row
of
trees,
which
will
shade
that
sidewalk
that
they
are
providing.
H
As
far
as
the
architectural
design
goes
again,
it's
a
more
modern
building
with
decks
proposed
to
provide
that
private,
open
space
area
for
these
units.
There
is
also
upgrade
entry
levels
and
porches
and
stoops
along
the
street,
which
is
encouraged
in
the
general
plan.
H
There
was
environmental
analysis
conducted
for
this
particular
site.
There
were
no
significant
impacts
that
were
found
and
there
were
mitigation
measures
that
proposed
for
air
quality,
biological
resources,
cultural
and
tribal
resources,
noise
levels,
geology
and
soils
and
utilities,
and
again
terry
mccracken-
is
here
to
discuss
any
and
all
those
mitigation
measures
in
further
detail.
H
I
did
want
to
take
a
moment
to
address
a
general
con
plan,
compliance
for
this
particular
project.
The
project
does
further
several
of
the
general
plan
policies,
strategies
and
goals,
including
the
ones
that
are
listed
here
there
is.
There
have
been
some
community
members
that
have
been
concerned
of
the
lack
of
commercial
space
at
this
particular
site.
H
However,
the
general
plan
policy
is
about
incorporating
retail
or
commercial
space
are
permissive
and
not
necessarily
mandatory,
and
then
I
did
want
to
provide
as
background
that
the
applicant
did
provide
a
preliminary
plan
with
the
live,
workspace
and
another
plan
with
the
commercial
space,
but
cited
many
reasons
for
not
wanting
to
build
those
iterations
of
the
projects
which
included
the
added
cost
for
parking.
H
The
the
lack
of
surface
parking
provided
for
commercial
space,
the
viability
of
the
commercial
space,
the
loss
of
the
type
of
residential
units
which
were
standalone
residential
units
rather
than
attached
units
up
above
that
they
wish
to
develop
as
deterrence
to
providing
that
that
kind
of
a
product
economic
development
staff
was
consulted
at
the
time,
and
they
agreed
that,
because
of
the
small
size
of
this
particular
site
and
the
very
small
commercial
space
that
was
being
offered.
It
would
not
necessarily
be
a
great
viable
commercial
space.
H
At
the
time
of
deeming
this
application
complete
with
regard
to
the
public
outreach
and
noticing,
again,
there
have
been
newspaper
notices,
public
hearing
notice
is
mailed
to
neighbors
and
it's
also
been
posted
on
the
city's
bulletin
board
and
the
website.
H
H
There
have
been,
I
think,
there's
been
at
least
one
other
comment
that
the
city
has
received,
which
I
think
the
clerk
will
read
out
later.
But
the
planning
commission
did
need
to
discuss
this
project.
They
discussed
the
lack
of
commercial
space
in
the
project
they
discussed
outreach.
They
discussed
the
language
about
the
preference
versus
the
requirement
of
a
mixed-use
residential
project
due
to
the
subjectivity
of
the
language.
H
In
the
general
plan,
but
they
overall
supported
the
for
sale
units
that
were
proposed
and
they
recommended
approval
with
a
4-1-0
vote
with
chair
wong
voting
no
with
that
staff
concludes
its
presentation
and
recommends
that
the
city
council
adopt
the
resolution
to
adopt
the
mitigated
negative
declaration,
introduce
and
conduct
the
first
reading
of
the
ordinance
and
adopt
the
resolutions
to
approve
this
particular
project
with
the
updated
desk
item
for
attachment
c,
which
is
the
development
permit
resolution
that
was
provided
earlier
this
evening.
B
Okay,
thank
you
pew
and
then
just
kind
of
get
the
last
part
out
of
your
boiler
plate.
So
we'll
take
the
questions
a
little
bit
later
from
council,
but
let
me
check
back
in
with
the
applicant.
Did
you
want
john
thatch
to
add
anything
to
what
pew
was
stating
in
her
presentation
at
this
time?.
V
I
just
like
to
add
a
few
items.
I
want
to
thank
pew
and
planning
staff
and
public
works
for,
and
this
has
been
a
long
process.
We
looked
at
a
lot
of
different
possibilities
on
the
site.
It
is
a
very
small
site
as
far
as
what
we
can
do
as
far
shallow,
and
I
think
we've
created
something
that
has
a
an
urban
feel
has
very
pedestrian
character.
V
You
know,
with
doors
to
towards
the
streets,
you
know
front
patios
and
again
how
we've
done
the
landscape
and
a
big
other
item
is
as
far
as
with
our
neighbors,
as
mentioned
previously
is
a
setback.
We
are
set
back,
30
plus
feet.
You
know
from
our
neighbors
as
far
as
creating
a
cushion
to
you
know
existing
single
family
neighborhood.
V
It's
it's
been
interesting
for
us
to
do
and
again
a
contemporary
architecture
and
again
varied
as
far
as
articulation
and
something
you
know.
I
think
we
worked
hard
with
staff
as
far
as
coming
up
something
that
I
think
worked
well
and
I
think,
would
be
a
very
positive
for
city
of
cupertino.
So
with
that,
I'd
like
to
say
thank
you
to
everybody
and
we're
here
for
any
questions
that
you
may
have,
including
jamie
mattern,
our
project
manager
on
the
project.
So
thank
you.
B
You're,
welcome
and
good
to
have
you
here
and
hopefully
we'll
keep
on
engaging
in
a
positive
public
process
here.
So
let
me
go
on
to
the
members
of
the
public,
as
I
stated
at
the
beginning,
we'll
go
ahead
and
take
the
hands
that
are
raised
by
the
time
that
the
first
speaker
gets
done.
Speaking
I
see
caller
4927
is
still
here
that
is
jennifer
furlong.
If
I'm
remembering
correctly
from
item
one,
we
also
have
gene
badord
with
a
hand
raised
at
this
time.
B
You'll
be
provided
three
minutes
welcome
jennifer
and
you
may
begin.
L
Great
good
evening,
thank
you
for
remembering
me
mayor
paul
once
again,
I'd
like
to
ask
that
we
be
able
to
salvage
the
signage
from
to
any
mart
liquor
store.
That
was
there.
The
baby
brothers
store,
because
it
has
is
of
historical
significance
to
us,
and
I
have
a
little
person
here
who
would
like
to
say.
L
B
Thank
you
jennifer,
and
thank
you
to
your
little
guy
as
well,
and
so
we'll
go
on
to
gene
badord
and
we
don't
have
any
any
other
hands
raised
at
this
point
from
members
of
the
public
and
so
gene
you'll
be
our
second
and
last
speaker.
Welcome.
J
J
Retail
has
never
flourished
along
foothill
boulevard.
There's
no
foot
traffic
and
the
adjoining
businesses
are
a
gas
station
with
a
mini
market
and
by
appointment
businesses
the
work
life
units,
half
a
mile
away,
were
built
because
a
gas
station,
the
most
viable
commercial
business
in
that
location,
couldn't
survive.
J
J
B
Thank
you,
gene
and
we'll
bring
this
back
to
the
applicant,
as
well
as
to
staff.
B
I
apologize
madam
city
clerk,
so
madam
city
clerk
did
you
have
any
communications
from
members
of
the
public
by
email
that
you'd
like
to
read
into
the
record.
E
Yes
mayor,
I
did
just
receive
one
from
andrew
wang.
We
are
deeply
disturbed
by
the
contents
of
the
two
two
six:
nine
zero
stevens
creek
proposals:
landscape
plan.
The
landscaping
plan
calls
for
nandina
and
lantana,
whose
deadly
toxicity
to
wildlife
were
documented
in
our
remarks
on
the
canyon
crossing
proposal.
Thus
we
have
the
same
concerns
with
the
species
in
the
two
two:
six:
nine
zero
stevens
creek
proposal
as
well.
E
E
It
is
invasive
in
many
parts
of
the
united
states
to
the
point
where
states
from
ohio,
south
carolina
have
outlawed
its
trade
and
an
odor
that
many
people
find
unpleasant
as
the
banger
daily
news
puts
it
in
this
headline,
a
tree
that
smells
like
rotting
fish
is
so
invasive
that
states
are
offering
bounties
to
kill
it.
Furthermore,
there
is
an
alarming
statistic:
a
mere
six
percent
of
california's
urban
trees
originate
from
california.
Clearly,
this
urban
design
has
not
come
without
significant
cost
to
our
ecosystem.
E
We
must
do
everything
we
can
to
raise
that
number
from
six
percent
to
one
hundred
percent
planting.
An
additional
pirates
does
not
help.
We
commend
the
landscape
plans.
Inclusion
of
plants
such
as
toyon,
california,
fescue
and
california
grey
rush.
We
invite
the
architects
of
two
two
six:
nine
zero
stephen's
creek
to
choose
from
the
non-exhaustive
list
of
californian
plants
to
replace
the
proposed
nandina
and
lantana
attached
to
written
communications.
E
B
Okay,
great,
would
anyone
from
the
applicant
or
staff
like
to
respond
to
any
of
the
public
comments
and
john,
I
see
your
hand
is
raised.
Did
you
want
to
speak
to.
V
V
The
other
item
I
want
to
just
maybe
talk
about
the
bmr.
The
bmr
is
a
good
size
unit.
It's
really
like
one
of
the
same
units,
it's
1700
square
feet
and
four
bedrooms,
so
it
really
blends
in
with
all
the
other
units
and-
and
I
got
observed
by
the
the
little
one.
I
also
wanted
to
say
happy
new
year
to
everybody.
B
Thank
you,
and,
and
on
that
note
john,
that
was
like
his
mother
was
speaking
to
as
to
the
signage.
Would
you
be
willing
to
work
with
historical
society.
B
Great
great
to
hear
anybody
from
staff
like
to
follow
up
on
any
of
the
items
brought
up
by
members
of
the
public.
B
Man,
okay,
great,
thank
you
pew!
So
let's
go
ahead
and
bring
this
to
council
same
as
before.
I
might
you
know
we're
doing
quite
well
on
time.
Frankly,
so
let
me
just
go
ahead
and
elevate
that
to
five
minutes
of
questions,
since
that's
practically
what
we
you
know
ended
up
around
on
the
first
item
I
do
see
from
our
council.
We
have
a
couple
of
well
one
hand
raised
from
council
member
moore
at
this
time,
so
council,
member
moore,
why
don't
you
kick
us
off
with
questions
here.
M
Okay
sure
thank
you,
mayor
paul,
and
it's
for
the
our
city
attorney
I'm
pretty
much
making
a
the
same
statement
as
for
the
previous
project.
So
when
I,
when
I
look
at
the
general
plan,
I
see
the
same
asterisks
for
this
project.
Same
neighborhood,
commercial
center
designation.
We
have
the
same
non-residential
land
use
designation.
M
The
expectation
seemed
reasonable
when
this
project
came
to
the
environmental
review
committee
and
there
was
an
email
from
the
public
wanting
to
have
like
neighborhood
gathering
places
that
request
seemed
seemed
reasonable.
So
I
looked
into
the
general
plan
and
it
seemed
as
though
that
was
what
the
general
plan
was
making
as
an
expectation.
M
So
I
was
a
little
bit
surprised.
A
lot
surprised
to
see
the
project
turn
into
all
residential
and
have
no
commercial
at
all,
especially
given
that
this
project
and
the
one
that
we
just
approved
down
the
street
have
the
same
designations,
and
so
that
I
I
found
really
surprising
and-
and
here
I
ended
up
learning
about
the
housing
accountability
act
issue.
So
I
I
think
it's
interesting
that
that
staff
said
make
essentially,
you
know,
put
put
retail
put
a
retail
component
further
down
the
street
when
this
is
at
the
crossroads.
M
I
think
that's
a
a
curious,
a
curious
outcome,
but
I
would
like
to
hear
what
the
housing
accountability
act
impact
is
on
this
particular
project
and
what
does
it
do
for
our
ability
to
approve
or
deny
a
project
after
the
30
days?
Thank
you.
S
Yeah
so
yeah,
so
I
think
you
know
you
and
pewd
have,
I
think,
explained
a
lot
of
the
key
issues
already,
but
I
could
kind
of
summarize
them
is
you
know
they're
there
there
are
provisions
in
the
general
plan
they
are.
S
The
language
is,
is
not
entirely
clear,
but
they're,
not
necessarily
mandatory
provisions
they're
entirely
they're
in
intended
to
allow
flexibility,
and
so
there
is,
you
know
the
the
flexibility
in
that
language
contemplates
that
you
will
get
different
outcomes
with
different
sites
that
have
different
characteristics,
and
so
you
know
in
in
contrast
to
the
project
that
we
discussed
earlier
here.
S
There
were
some
characteristics
of
the
site
which
I
think
you
know
pew
did
a
good
job
of
laying
out
that
led
staff
to
determine
that
this
was
not
an
appropriate
site
for
retail
and
because
these
are
non-mandatory
provisions
of
the
general
plan,
there
was
a
determined
main
termination
made
that
the
project
was
consistent
with
the
general
plan.
At
that
time
you
know,
as
as
you
point
out,
you
know
it's
the
general
plan.
S
You
know
that
under
the
housing
accountability
act,
you
know
that
determination
is
generally
going
to
be
made
at
the
staff
level
and
in
less
than
a
you
know,
that
criteria
is
identified
at
that
time.
There's
a
limited
amount
of
time
for
the
city
to
revisit
the
issue
yeah
so,
and
so
that
is
where
we
are
with
this
project.
Now.
B
N
So
the
existing
commercial
space
is
about
25
hundred
square
feet
and
then
we
are
reducing
that
to
zero
and
I
would
like
to
try
and
understand,
because
what
we
are
seeing
here
is
eight
units
of
four
bedrooms.
Each
and
another
unit
is
three
bedroom
plus
adu,
so
essentially
four
bedroom,
two,
so
that's
nine
units
of
four
bedrooms.
N
That
means
we
could
have
had
nine
units
of
three
or
two
bedrooms
which
will
make
this
the
unis
more
affordable
and
then
have
some
space
for
commercial.
So
why?
I
would
like
to
know
why
I
was
not
that
not
considered
has
staff
suggested
this
throughout
the
process.
H
So
staff
did
evaluate
certain
alternatives
that
the
preliminary
alternatives
that
the
applicant
had
provided,
which
included
the
live,
work
and
the
commercial
and
a
very
small
commercial
space.
But
there
were
concerns
about
the
viability
of
that
space
because
of
how
small
it
would
be
with
regard
to
whether
they
could
build
smaller
units.
H
They
could
certainly
build
units
that
were
all
tandem,
but
the
height
limit
on
the
site
also
limits
how
how
much
they
can
go
up
in
order
to
provide
additional
units
and
the
applicant
was
not
interested
in
providing
condo
units
or
smaller
units
they
wanted.
They
wish
to
provide
the
product
that
they
have
proposed
tonight.
N
Right,
I'm
asking:
why
can
there
be
93
bedroom
or
two
bedroom
units?
That
means
they
will
be
smaller
and
then
you
will
have
extra
parking
that
would
be
available
for
retail
and
then
so
why
I
am
I
like
the
project
that
it
has
set
back
along
foothill
and
stevens
creek
and
that
the
setback
with
the
landscaping-
that's
really
nice
for
pedestrian,
but
there's
no
commercial.
N
N
That
viable
alternative
sure
I.
U
Could
offer
some
background
just
on
the
requirements
that
the
city
has
requirements
for
parking
for
each
residential
unit
and
then,
additionally,
there
would
be
additional
parking
required
for
any
commercial
space
so
because
this
site
is
so
small,
it's
actually
only
six
tenths
of
an
acre.
So
the
previous
project,
by
example,
was
a
lot
larger,
and
so
that
was
a
larger
site.
It
was
able
to
use
underground
parking
in
such
a
small
site
and,
additionally,
a
large
portion
of
the
site
actually
about
20
of
the
site,
was
given
back
to
the
city
for
public
right-of-way
improvements.
U
N
Of
the
significant,
if
you
reduce
the
unit
size
from
four
bedroom
to
three
or
two
bedrooms,
you
would
have
reduced
the
number
of
parking
needed
for
resistant
residential,
which
means
the
remaining
of
the
parking
could
have
been
for
commercial.
You
don't
need
to
add
extra
parking.
That's
my
question.
U
Yeah
and
maybe
if
you
can
add
some
more
insight
into
that,
but
the
I
think
two
parking
spaces
per
unit
would
still
have
been
required,
even
if
the
units
were
a
little
bit
smaller,
so
those
garages
are
already
there
on
at
the
surface
level,
and
so
with
the
garages
and
a
small
loop
road
for
emergency
vehicle
access
behind
the
garages.
There's
not
any
more
surface
area
left
to
put
additional
parking,
there's
a
few
guest
spaces
that
are
also
required.
So
the
guest
parking
spaces
are
required
for
the
residential.
N
Okay,
so
another
question
is
regarding
the
the
open
space
and
private
open
space,
so
I
see
that
it's
complying
with
heart
of
the
city
but
yeah.
I
agree
with
council
member
mall.
This
is
site
and
the
other
side
is
are
not
a
part
of
the
heart
of
the
city.
So
if
it
were
not
part
of
the
city,
what
would
have
been
the
requirement
for
the
open
space.
H
H
There
are
some
developments
that
where
the
units
themselves
did
not
have
any
private
space
included,
there
were
very,
very
small
balconies
which
were
less
than
60
square
feet
included
in
them.
So
it's
been
pretty
varied.
Depending
on
what
the
you
know,
the
city's
appetite
has
been
to
move
on
those
projects.
R
Thank
you,
mayor
paul.
My
question
is
about
how
thorough
this
project
has
been
vetted.
It
looks
like
they
have
proposed
something
with
a
commercial
there's
something
different,
so
this
is
sort
of
like
a
third
plan
and
also
there
are
deep
research
about
whether
economically
the
retail
would
survive
or
not,
and
then
how
was
the
space
that
separate
line
against
the
existing
neighborhood?
That
is
better
to
have.
R
You
know
this
kind
of
outline,
so
my
question
is:
do
does
the
staff
believe
that
this
project
has
been
valid
in
different
phones
and,
and
so
this
probably
is
according
to
the
staff's
expertise
and
experience.
This
would
be
the
best
one
that
fits
this.
A
small
lot
like
that.
That's
my
first
question.
R
My
second
question
is
this
is
a
really
good
project
and
four
bedrooms
will
bring
families
with
kids
into
our
neighborhood,
and
I
do
believe
that
maybe
staff
can
correct
me
if
I'm
wrong
that
we
are
looking
for
a
lot
of
our
complaints
is
that
units
are
too
small.
Only
two
bedrooms:
you
can
bring
kids,
you
can
bring
families,
and
so
this
kind
of
development
probably
suits
what
we
need
in
cupertino
and
fits
into
our
neighborhood
requirements.
So
these
are
my
two
questions.
F
Councilmember
way
and
through
mr
mayor,
if
I
may
just
kick
off
at
least
with
the
first
question,
responding
to
the
first
question
that
similar
to
my
response
to
the
last
project
we
bring
projects
forward,
that's
been
thoroughly
embedded
and
evaluated
as
we
see
from
the
staff
report,
their
number
of
general
plan
goals
are
reviewed.
I
think
the
the
the
challenge
on
the
site,
obviously,
is
the
size
comparison
to
the
previous
site.
I
think
it's
more
than
half
the
size,
but
yes,
it's
been
properly
vetted
and
reviewed.
R
F
That's
correct,
yeah,
the
other
project
was
all
three
bedroom.
This
is
all
all
four
four
bedrooms,
and
it's
not
really
the
kind
of
model
that
we
have
very
much
of
in
cupertino,
and
I
think
it's
also
one
that
developers
felt
like
through
their
their
market
study
is
something
that
that's
desirable
for
the
community.
P
Yeah
so
good
presentation,
I
think
the
overall
appearances
is
pretty
good,
especially
with
the
setbacks,
and
I
I
too
would
I,
I
believe,
the
three
bedrooms,
even
if
it's
more
units
which
is
a
benefit
houses,
houses
in
cupertino,
are
being
replaced
continually
and
they
all
get
replaced
with
four
five
or
six
bedrooms.
P
P
What
we
have
is
a
lot
of
people
that
would
like
to
move
to
cupertino
and
affordability,
and
that
price
goes
up
dramatically
with
the
added
bedrooms,
and
so
I
see
that
as
working
against
the
affordability
that
we're
trying
to
promote.
We
have
this.
The
this
continual
onslaught
that
we're
not
building
enough
housing
and
we're
not
building
enough
affordable.
It's
cupertino
is
not
affordable,
but
here
we
are,
promoting.
P
You
know
the
biggest
townhouse
style
housing,
as
opposed
to
like
the
other
project,
which
is
three
bedroom.
I
just
want
to
kind
of
put
that
out
there
going
back
to
my
question
to
the
city
attorney
before,
and
can
we
further
define
the
general
plan,
the
munich
code
about
these
bmr
units
dispersion
size
getting
them
defined
before
the
approval
process,
such
that
when
we're
here
tonight,
and
we
hear
that?
P
Well,
the
30-day
expired
and
so
there's
nothing
that
we
can
do
if
the
developer
says
that
this
is
the
project
that
he
wants
and
it's
not
going
to
conform
fine
and
it
comes
to
us,
would
we
be
able
to
if
it
was
important
to
the
community?
Would
we
be
able
to
enforce
that?
Hey
that
corner
section?
I'm
look.
P
I
have
the
picture
on
my
screen
there
and
when
you
go
to
a
a
very
busy
intersection
like
that,
the
corner
unit
gets
the
the
big
visibility,
whether
it's
going
to
be
a
fedex
or
something
that
everybody's
gonna
see.
We
would
at
least
or
I
think
I'm
asking,
would
we
be
able
to
say
hey
for
the
community.
P
This
is
what
we
need
for
your
project
and
we
might
very
well
wind
up
saying.
Okay,
we
hear
the
pla
pros
and
cons.
We're
going
to
approve
as
proposed,
but
it
I
I
just
feel
we
should
somehow
find
a
way
and
again
it's
back
to
the
city
attorney.
Can
we
get
that
flexibility
by
making
it
a
objective
standard.
S
P
Question
no.
This
last
question
is
pretty
much.
You
know
the
retail
requirement
that
has
flexible
language
and
cannot
be
enforced
as
I'm
hearing
previously
and
what
I
would
like
is
to
have
the
communities
ability
to
to
make
that
a
requirement
if
it's
important
at
that
time,
I'm
not
saying
it's
it's
that
important
to
this
project,
but
once
again
I'm
hearing
that
the
the
boat
has
already
sailed.
The
water
has
gone
under
the
bridge
in
no
way
shape
or
form.
Could
we
enforce
that
type
of
requirement.
S
Yeah,
so
so
thank
you
for
clarifying
your
questions.
Yes,
so
given
the
requirements
of
state
housing
law
having
clear
and
objective
standards
in
the
general
plan
or
the
zoning
ordinance
is
the
best
way
to
ensure
you
know,
specific
policy
preferences
are
enacted
with
respect
to
a
specific,
specific
parcel.
You
know
that
that's
that's
going
to
most
clearly
communicate
the
policy
preferences
and
also
insulate
the
city
from
legal
challenges.
If
you
know,
if,
if
there
were
any
variances
from
that.
B
Okay,
I'll
go
right
into
my
questions.
You
know,
john,
your,
your
five
minutes,
the
seemed
very
fast,
but
did
it
elapsed?
I
started
my
own
clock
so
I'll
just
segue
into
into
the
questions
that
I
have
so
9
units.
15
of
that
is
1.35
we're
getting
one
unit
of
bmr.
What
happens
to
the
remaining
0.35
is
my
question.
B
Okay,
all
right
and
as
you're
calculating
that
pew.
My
second
question
has
to
do
with
the
transportation
equation,
similar
to
what
my
questions
were
for
item
one.
Has
there
been
something
done
with
regard
to
the
design
of
the
project,
to
account
for
the
possibility
of
drop
off
pick
up
delivery
etc
for
the
new
type
of
transit
that
we're
seeing
emerge
any
cut
out
on
the
curb
any
parking
space
designated.
H
There
isn't
anything
any
cut
outs
or
any
parking
space
designated.
However,
there
is
parallel
parking
proposed
along
stephens,
creek
boulevard
that
could
be
used
for
drop-offs.
That
is
public
parking,
so
yeah.
B
Okay,
yeah,
I
do
want
people
to
start
thinking
about
that
earlier
rather
than
later,
and
then
the
other
part
of
it-
and
I
come-
I
encompass
this
in
my
comments.
You
know
in
the
last
item,
so
I
just
want
to
ask
a
question
about
it.
B
Is
there
anything
being
done
to
help
prepare
these
units,
especially
for
this
unit,
right
this
project,
because
the
parking
spaces
are
really
kind
of
tied
to
the
units
themselves
for
for
plug-in
vehicles,
mainly
the
240-volt
types
of
you
know,
charging
outlets
that
are
that
are
useful,
because
I
think
the
more
that
we
can
kind
of
diminish
the
you
know
the
barriers
of
entry,
the
better
it
will
be
for
this.
You
know
type
of
future
john.
You
have
your
hand
raised
unmute
yourself,
john
though.
V
The
homes
will
be
wired
for
it
again
and
I'm
not
sure
exactly
how
many
we
will
to
have
the
developer,
how
many
we
actually
install,
but
they
will
be
wired
part
of
the
code
that
we
have
to
do
today.
B
Okay,
great
and
then
pew
quick
check
in
did
you
do
that
calculation
yet
for
the
0.35,
oh
you're,
muted
as
well.
I'm
sorry.
I
I'm
working
on
that.
I
have
a
rough
number.
B
I
have
one
more
question,
so
you
can
go
ahead
and
keep
working
on
that.
My
my
other
question
how
to
deal
with
the
two.
You
know
open
spaces,
so
to
speak,
one
on
the
corner
of
fidel
and
stevens
creek
and
the
other
one
is
kind
of
a
tucked
away.
I
guess
a
bit
of
a
parklet
if
you
will
are
those
accessible
to
the
public.
Are
they
cordoned
off
in
any
way
from
the
rest
of
the
public.
I
Chad,
do
you
have
a
response
to
that?
One.
T
There's
no
public
access
for
either
area.
The
courtyard
in
the
back
is
more
of
an
outdoor
area
for
the
residents
and
that
area
at
the
corner,
as
much
as
it
looks
like
open
space
is
actually
the
low
point
of
the
site,
and
that
is
where
the
stormwater
treatment
facilities
are
being
installed
that
are
necessary
for
the
municipal
regional
permits.
B
T
So
that
so,
basically
the
sidewalks,
where
the
public
access
is
and
the
green
section
that
you're
indicating
is
actually
a
stormwater
treatment
facility.
It's
going
to
be
a
bioretention
area,
there's
going
to
be
vegetation
landscaping
and
it's
going
to
be
a
slightly
recessed
area
that
will
treat
stormwater.
B
T
T
B
T
Yeah,
based
on
the
landscape
plans
there
there
may
be
some
low
shrubs
in
that
area
that
will
separate
that
bioretention
area
from
the
sidewalk.
I
see.
B
I
see
okay
and
just
to
confirm
the
other
portion
is
completely
inaccessible
to
the
public
right.
The
kind
of
the
green
space
to
be
used
by
the
residents.
U
Application
I
can
offer
that
it's
not
fenced
off,
so
it
could
be
used
by
people
walking
by,
but
there's
there's
no
limitation
on
them
using
it,
and
there
is
a
walkway
between
the
two
triplex
buildings
that
could
offer
access
to
that
back
area.
So
it's
it
could
be
used
either
way.
B
U
We
could
check
with
the
developer
himself
to
see
about
that.
There's
already
been
a
significant
portion
of
the
lot,
as
I
sort
of
mentioned
earlier,
that
was
dedicated
for
the
bicycle
lane
improvements
and
the
other
curbside
improvements.
So
there's
already
a
lot
of
that
consideration
being
given
to
the
public
and
improving
that
public
sidewalk.
But
we
could
check
with
the
yeah.
V
I
I
think
I
can
answer.
I
mean
it's
probably
a
lot,
I
would
say
no,
I
mean
as
far
as
right
now
it
becomes
a
concern
of
council.
I
think
we
could
look
at
it,
but
it's
it's
a
liability
concern
as
far
as
it's
really
intended
for
the
residents,
but
if
I
think,
if
it's
a
real
concern
about
from
the
council,
I
think
we
could
probably
we
could
take
a
look
at
it,
but
again
the
way
it
is
the
way
it's
situated
is.
It
is
really
meant
for
the
residents.
B
H
So
my
estimate
on
what
that
point
three
five
would
come
out
to
is
approximately.
H
Based
on
the
average
unit
size
that
that
is
being
proposed,.
B
Okay,
I'm
gonna
have
a
follow-up
on
that.
Eighteen
thousand
four
point:
three:
five
cupertino
four
bedroom.
That
seems
pretty
pretty
generous,
you
know.
So
what
about
the
park
mitigation
fee?
Is
that
listed
anywhere
in
the
stafford
board?.
B
H
I
H
H
It
is
480
000
for
this
particular
project.
That
is
the
estimated
fees
right
now.
B
Okay,
480.,
okay,
okay,
councilmember
moore
your
hand
is
raised
and
then
vice
mayor,
ciao.
M
M
I
I
think
it
also
needed
a
general
plan
amendment
and
given
perhaps
an
extra
floor
without
reducing
and
even
potentially
increasing
the
number
of
units
which
they
have
right
now,
and
I
think
you
could
do
that
and
maintain
very
easily
the
2500
square
feet
of
retail
on
the
site.
So
I
am
kind
of
curious
if
that's
something
that
would
still
be
within
the
housing
accountability
act,
because
you
wouldn't
be
reducing
the
the
density.
S
So
there's
two
separate
provisions
of
the
housing
accountability
act
that
I
think
are
bad
issues
here.
One
is
is:
there
is
a
provision
that
prevents
projects
that
are
compliant
with
applicable,
objective
standards.
S
It
prevents
the
council
from
disapproving
a
project
or
approving
it
at
all
a
reduced
density
unless
certain
specific
and
narrow
findings
are
made,
there's
a
separate
provision
in
the
housing
accountability
act
that
requires
within
30
to
60
days,
depending
on
the
size
of
the
size
of
the
project,
that
the
city
identify
any
inconsistencies
between
applicable,
objective
standards
and
the
project
proposed
by
the
applicant,
and
if
those
inconsistencies
aren't
identified
or
if
there's
a
determinative
determination
made
that
the
project
is
consistent
at
the
time,
which
is
what
happened
here,
then
the
city
essentially
waives
its
right
to
revisit
that
issue
later.
M
Okay,
so
so,
even
if
we
wanted
to
give
an
extra
story,
staff
tied
our
hands
and
made
it
so
we're,
essentially
the
ships
sailed
and
we're
stuck
with
with
what
we
have
and
and
no
no
changes.
Okay,
I
understand
it.
Thank
you.
B
Okay,
thank
you
councilmember
moore,
so
we're
pretty
much
out
of
time
here,
except
for
council
member
way
with
about
two
and
a
half
minutes
remaining,
you
know,
maybe
we
could
tell
somewhere
away.
Can
we
move
that
over
to
vice
mayor,
ciao
and
councilmember
willie?
Is
that
right?
B
Okay,
let's
go
with
vice
mayor
chow
and
then
councilman
willie.
N
The
current
zoning
is
rcg
without
residential,
so
in
terms
of
compliance
it
it's
that
if
we
resolve
to
rcg
arrests,
we
don't
need
a
general
plan
amendment,
because
that
this
rezoning
is
compliant
with
the
general
plan.
However,
if
we
don't
have
the
rezoning,
the
current
project
as
proposed
does
not
comply
with
the
zoning.
S
That's
correct:
the
project
is
the
pro.
The
project
is
inconsistent
with
current
zoning
and
the
absolute
applicant
has
requested
a
rezoning.
S
S
N
But
I
thought
the
zoning
map
is
part
of
the.
I
do
remember
our
general
plan
encoders
only
map,
so
the
only
map
should
be
part
of
the
general
plan.
If
it
doesn't
comply
with
the
zoning
map,
it
doesn't
comply
with
the
general
thing.
Although
the
the
description
in
the
text
is
vague,
but
the
projects
you
comply
with
is
only
map.
S
So
the
zoning
ordinance
and
general
plan
are
two
separate
legal
requirements
you
know
and
that
there
does
have
to
be
conformity.
This
housing
accountability,
act.
Provision
is
kind
of
an
exception
to
that
conformity
requirement.
That
requires
the
city
to
apply
the
general
plan
standards
if
there,
if,
if
there's
an
inconsistency
with
the
zoning
ordinance.
B
Hold
that
question
I'll
give
you
some
time
later,
but
let
me
go
to
councilmember
willie
at
this
point
before
we
add
some
time
to
the
questions
council,
member
willie.
P
Yeah,
maybe
we
can
throw
back
up
the
top
view.
Am
I
correct,
though,
that
this
corner
is
the
corner
that
historically
we've
heard
of
it
being
a
safety
problem
because
of
the
lehigh
truck
traffic
at
that
corner?
And
if
so,
it
seems
to
me
that
when
we
look
at
the
top
view
or
the
the
art,
our
artists,
rendering
it's
not
showing
the
corner
of
concern,
and
it
appears
that
there's
not
as
much
attention
to
this
safety.
P
T
Chad,
councilmember
willie.
I
think
I
can
answer
that.
There
is
a
significant
amount
of
lehigh
and
stevens
creek
quarry
truck
traffic
that
goes
through
this
intersection.
So
hopefully
that
answers
your
question.
There.
P
So
then,
when
we
look
at
the
top
view,
I
have
it
on
kind
on
my
screen
I'd.
Rather
let
staff
pull
up
the
top
view.
T
I
think
you'll
want
to
look
at
page
c.
P
We've
got
it
and
I
think
the
safety
concern
is
the
right
front
corner
there,
which
shows
not
nearly
as
as
much
room
for
the
people
as
opposed
to
the
left
front.
Am
I
correct
that
the
truck
traffic
is
primarily
focused?
Turning
around
the
right
corner,
there.
T
T
This
is
not
necessarily
the
best
sheet
to
be
looking
at
for
what
the
furniture
improvements
are.
If
you
look
at
sheet
c
3.0
of
the
plan
package
that
will
show
that
there
are
that
the
project
is
proposing
to
install
bike
lanes
along
stevens
creek
boulevard,
as
well
as
foothill
along
the
project
frontage
to
better
differentiate
bike
lanes
from
vehicle
lanes
and
again,
that
corner
is
being
pulled
back
to
provide
a
little
more
a
little
easier
movement
for
trucks.
It's
not
quite
as
pinched
as
it
was
previously.
T
P
So
I'll
just
leave
it
that
you
know,
I
just
hope
you
know
there
is
enough
attention
to
the
safety
aspect.
Definitely
the
well-defined
curve
should
definitely
make
the
drivers
of
those
trucks
more
aware
of
where
they
have
to
stay
out
of
as
opposed
to
what
we
have
now,
but
still
when
you
have
people
on
bicycles
that
stop
at
the
corner,
because
they're
going
to
cross.
P
How
often
are
they
going
to
be
picking
their
bicycle
up
off
the
street
and
into
the
sidewalk
and
are
those
trucks
going
to
respect
that?
Those
are
you
know,
people
there
we're
now
adding
nine
families
to
that
corner,
and
you
know
making
sure
that
we
don't
wind
up
with
with
a
very
unfortunate
episode
that
happens
there.
So
I'll
leave
it
at
that.
Okay,
thank
you.
V
Just
just
really
quick,
I
mean
we've
we've
given
about
10
of
the
site
to
make
that
corner
better.
As
far
as
if
you
look
at
some
of
the
earlier
drawings,
the
engineers
drawings,
as
far
as
making
that
corner
work,
better,
we've
also
set
back
the
architecture
at
that
corner,
even
more
to
give
better
visibility
at
that
corner
to
create
safety,
because
we
want
it
to
be
safety,
I'm
a
big
bike
rider
everywhere.
B
B
Great
thanks
very
much
so
we'll
go
back.
You
know,
go
back
to
council
and
you
know
it
doesn't
seem
to
me
that
we're
really
exhausting
the
questions
quite
yet.
So
let
me
go
ahead
and
bring
it
back
to
vice
mayor
ciao.
Vice
mayor
ciao,
I'm
giving
up
another
three
minutes
for
each
of
council.
I
don't
think
we'll
need
to
use
all
of
it.
You
know,
frankly,
but
why
don't
you
go
ahead
and
start
off
with
the
question
that
you
wanted
to
ask.
N
Thank
you
so
much
mayor,
so
I
find
so.
This
is
the
unit
size
for
for
for
this
project.
On
this
third
column
floor
area,
you
can
see
that
the
unit
size
ranges
from
2200
up
to
3,
000
and
most
of
them.
I
think,
oh,
I
think
seven
of
them
are
2900
or
more.
These
are
really
large
units,
bigger
than
a
lot
of
maybe
most
of
the
single
family
homes
in
in
the
cupertino.
N
These
are
not
really
providing
affordable.
I
mean
even
moderately
moderate
medium
sized.
Why
do
they
have
to
be
so
big
if
we,
if
you
knock
off
even
one
thousand
square
foot
from
each
unit,
you
come
up
with
nine
thousand
square
foot
extra
floor
area,
so
why
do
we
need
huge
town
halls
in
this
location.
U
N
U
U
So
she
ate
1.05
the
total
living
space
of
that
unit.
1
is
2502
square
feet.
Unit
2
is
1764
square
feet
and
unit.
Three
is
the
three
thousands
working
and
that
includes
a
junior
adu
of
470
square.
So.
N
N
V
It's
I
think,
like
jamie
talked
before
doing
more
units
because
of
parking
requirements
and
everything
else
gets
is
still
very
difficult
and
say
once
we
as
far
as
how
these
units
go
up
and
again
being
efficient.
So
that's
the
square.
You
know
we
get
probably
more
efficient
as
far
as
how
the
square
footages
work,
but
the
big
item
is
how
parking
works
and
parking
requirements
that
the
city
requires
and
making
how
the
units
work
and
getting
more
units
yeah.
B
N
V
V
So
again,
as
far
as
efficiency,
you
know,
going
a
little
bit
larger
is
is
actually
getting
better
as
far
as
construction
costs.
Overall.
M
Okay,
thank
you
for
pointing
out
the
the
floor
plan
for
that
particular
unit
that
you're
looking
at
I'm
looking
at
a
1.07
and
it's
saying
the
deck
is
473
square
feet.
V
It
is
something
we
are
doing
more
on
homes
as
far
as
the
open
space
in
projects
or
units
like
this,
that
they
have
better
open
space
at
the
upper
levels.
So
it
is
something
we
are
doing
quite
a
bit
more
of
in
our
including
roof
terraces,
which
again,
your
building
height,
doesn't
allow
in
this
case,
but
we
are
putting
larger
spaces
up
higher
and
getting
more
towards
the
blue
sky.
It
also
articulates
the
architecture
more
by
doing
that,.
M
A
M
Oh,
no
definitely
it
is,
but
I
just
want
to
point
that
out
and
mention
it
to
my
fellow
council
members,
that
this
is
a
way
that
you
can
really
maximize
how
much
square
footage
you
have
without
having
it
actually
count
as
square
footage
and
so
having
having
a
deck.
That's
that's
473
square
feet
on
on
on
the
on
the
I
guess
this
is
the
third
level
it's
hard
to
see,
yeah
473
square
feet
and
a
porch
of
166..
M
That's
it.
I
think
we
we've
been
saying
that
we
need
to
talk
about
this
and
we
we
haven't
been,
and
it
makes
a
significant
difference
for
the
square
footage
of
a
project
when,
when
decks
of
this
enormous
size
are
being
allowed
and
and
it's
got
an
outdoor
kitchen
as
well,
so
it's
going
to
have
plumbing
and
other
fixtures
out
there,
so
essentially
you're
you're
using
your
outdoor
space
and
it's
it's
really
adding
to
your
to
your
living
space
internally
for
the
house.
Okay,
that's
all
I
wanted
to
point
out.
Thank
you.
M
B
Thank
you,
councilmember
moore.
Let's
go
to
member
way
and
council
member.
Your
three
minutes
is
basically
about
another
half
minute
left.
R
Thank
you
for
council
member
more
for
pointing
that
out.
You
know
just
my
personal
point
of
view.
I
I
do
appreciate
outdoor
deck
and
I
think
it's
you
know
modern
living.
R
It
is
to
me
it's
a
variety
of
living
spaces
we
offer
to
our
residents.
This
is
one
unit
out
of
nine,
so
I
I
actually
personally
think
a
a
different
design,
different
space,
it's
okay
and
this
stack
is
not
looking
into
anybody's
backyard.
It's
in
a
busy
street.
So
to
me
I
I
appreciate
that
point
and
that,
but
I
also
think
I
can
see
why
this
is
being
added
to
you
know
add
to
immunity
to
as
particularly
one
unit.
R
R
Yes,
that's
correct,
yeah,
because
it's
a
corner,
it's
a
bigger
loss,
so
it
does
have
that
180?
U
in
there.
So
so
I'm
just
my
comment
is
this
is
really
a
good
project
and
it's
as
to
our
housing
inventory
and
it's
single
family
homes
that
can
account
their
families
and
I
I
do
think
this
is
a
really
good,
well-thought-out
project.
R
After
a
couple
of
rounds
of
other
proposals-
and
I
do
think
appreciate
our
appreciate
our
staff
looking
real
closely
and
then
you
know
work
with
the
developers
to
all
the
owner
to
really
develop
something
that
fits
into
our
residential
neighborhood,
which
is
pretty
typical
cupertino.
So
I
am,
I
believe
this
is
a
really
good
project.
B
Okay,
thank
you
councilmember
way,
let's
go
ahead
and
bring
it
back
over
to
I
see
vice
mayor,
chow
and
councilmember
moore
still
have
their
their
hands
raised
at
this
point.
So
let
me
do
a
quick
time
check
here.
Councilman.
Well,
you
actually
hadn't
concluded
in
your
five
minutes.
Originally
that's
done
now
and
then
I
I
have
time
left
on
this
round.
So
let
me
just
ask
a
quick
question
of
the
applicant
and
then
give
my
remaining
time
over
to
you
and
vice
mayor
ciao.
B
So
so
so
the
bmr
calculation
on
the
point
three
five
units
is,
is
a
bit
low.
You
know
the
18
000
is,
is
fairly
low
compared
to
the
one
unit
of
you
know,
four
bedroom
houses
that
you're
putting
over.
I
I
believe,
that's
is
that
moderate
or
what's
the
classification
of
bmr.
B
It
is
moderate
okay,
so
just
for
the
sake
of
you
know,
garnering
the
support
you
know.
I
realized
that
you're
reluctant
to
put
the
open
space
over,
but
would
you
be
willing
to
work
with
our
staff
to
come
up
with
a
a
more
accurate
market
value
of
0.35
and
provide
that
payment
as
opposed
to
the
square
footage
payment?
Because
twenty
dollars-
a
square
foot
you
know,
is
you
know
it's
just
it's
nominal
compared
to
the
actual.
B
V
That's
a
good
question,
I'm
not
sure
exactly
what
that
means.
You
know.
That's
the
problem
at
this
point
until
say
you
start
drawing
on
paper
what
that
means.
I
think
the
one
thing
that
we
looked
at
doing
was
the
idea
that
we're
creating
a
four
bedroom,
affordable
unit,
which
is
is
to
me,
is
uncommon
for
some
of
the
things
that
you're
you're
talking
about
sure,
but.
B
B
But,
let's:
okay:
let's
let's
for
the
sake
of
this
exercise,
take
the
two
moderate
is
what
80
of
area
median
income
is
that
correct.
E
B
Okay
80,
so,
if
you're
going
to
be
taking
a
delta
there,
let's
say
20
of
the
million
is
four
hundred
thousand
dollars.
Okay,
so
you
take
thirty
five
percent
of
that
and
you're
getting
thirty
five
thousand
multiplied
by
by
four.
So
just
very
rough
back
of
the
napkin
calculation
140
000
versus
something
like
the
18
000..
What
would
that
be?
And
I'm
just
trying
to
get
a
little
bit
more
of
a
commensurate
value,
because
you
guys
are
asking
for
something
right
and
we
can
get
something
perhaps
for
our
bmr
fund.
V
O
Hello,
hello,
hi:
this
is
ali
mozaffary,
I'm
the
developer!
Yes,
okay,
just
just
to.
K
O
The
city
is
making
us
to
spend
close
to
two
million
dollars
on
off-site
improvements,
including
new
traffic,
light
new
city
light,
and
you
know
those
are
the
responsibility
of
the
city.
So
now
you're
asking
us,
we
can
contribute
more,
which
I,
which
I'm
glad
I
will.
I
will
do
it,
but
but
is
it
fair.
B
Well,
I
mean,
I
think,
at
the
end
of
the
day,
I
will
answer
your
question.
I
I
believe
it
is
fair,
because
this
is
a
bit
of
a
deviation
from
what
we
would
expect
given
our
requirements,
and
so
I
I
think,
let's
not
use
the
word
fair.
I
think
it's
it's
communal
in
the
sense
that
you
would
be
helping
us.
You
know
kind
of
remedy.
B
All
of
these
housing
requirements
are
about
affordability
and
trying
to
put
a
little
bit
more
into
our
efforts
to
make
things
more
affordable
for
people
that
need
the
housing.
So
I,
if
I'm
hearing
you
right,
I'm
very
appreciative
of
that
willingness.
I'm
very
appreciative
of
the
willingness
to
put
in
the
couple
million
dollars
for
the
improvements
I
mean
for
me.
I
think
it's
very
obvious
when
you
look
at
the
beta
brothers
site
right
now
that
you
know
this
is
going
to
be
a
much
better
use
right,
I
mean
than
an
empty
lot.
B
O
Right,
no,
I
mean
the
city
has
some
rules,
how
to
calculate
on
other
projects
the
fraction
of
the
vmware
correct.
That
is
correct.
Yes,
so
if
you're
trying
to
are
you,
are
you
trying
to
change
it
or
is
it
just
unwant
this
project.
B
No,
no
I'm
trying
to
ask
in
exchange
for
you're
asking
us
to
you
know,
give
the
approvals
here,
because
the
fact
that
there
are
some
changes
right
from
those
roles
in
other
areas,
because
now
now
we
are
in
the
middle
of
that
discussion
right.
Otherwise
we
wouldn't
be.
If
you
had
an
of
right
entitlement,
we
wouldn't
be
having
this
discussion
right.
We
would
have
to
put
in
you
know
you
would
have
a
cause
of
action
if
we,
if
we
denied-
and
you
had
that
by
right.
B
So
so
I
I
appreciate
that
willingness
and
if
that
number
seems
to
be
you
know
within
a
ballpark,
then
you
know
I'll
always
try
to
propose
it
to
to
the
council.
B
Okay,
thank
you
very
much,
mister
all
right.
Vice
mayor
chow
and
council,
member
moore,
you
have
your
hands
raised
follow-ups.
I
you
know.
Forgive
me.
I
don't
know
what
the
order
was,
but
I
see
the
line
above
on
vice
mayor
ciao,
so
I'll
call
on
you.
First
then.
N
I
Is
a
condition
of
well
not
conditional
approval,
but
the
zoning
does
require
that
if
they
would,
if
they
convert
any
of
these
spaces,
they
would
have
to
go
back
through
rezoning,
but
and
so
essentially
they
cannot
convert
any
of
these
spaces
to
be
in
flow
spaces.
N
Okay
and
then
are
there
any
of
this
kind
of
deck
on
on
the
the
site.
That's
bordering
the
neighborhood.
N
So
these
are
all
facing
foothill
or
or
stevens
creek
right,
correct,
okay
and.
N
So
the
project,
basically,
the
project-
does
not
comply
with
the
current
zoning
and
we
are
way
that
the
only
way
it's
complying
is
only
because
of
the
state
bill.
That's
saying
projects
don't
have
to
comply
with
locals
only,
and
they
only
need
to
comply
with
general
plan,
which
usually
is
fake,
and
in
this
case
it's
vague
to
the
point
that
they
don't
have
to
comply.
S
No
trunks-
I
wouldn't
phrase
it
quite
that
generally
there,
particularly
in
particular,
the
land
use,
is
not
consistent
with
current
zoning,
and
but
it
is
consistent.
The
proposed
land
use
is
consistent
with
the
general
plan.
N
But
so
the
city
will
be
losing
like
1500
or
2500
square
foot
of
commercial
space
yeah.
It
will
be
more
costly
to
construct
those.
The
developer
will
be
saving
dollars
by
not
complying
completely
to
the
current
zoning,
and
now
they
are
trying
to
maximize
profit
by
maximizing
the
size
of
each
unit,
which
is
beyond
the
most
the
size
of
most
town
halls,
that's
even
four
bedroom,
and
then
they
are
maximizing
the
size
by
adding
pretty
large
deck
too,
to
again
increase
the
value,
and
now
the
city
is
really
asking
okay.
N
N
I
think
that's
yeah.
B
Okay,
you
know,
I
know
that
wasn't
a
rhetorical
question,
but
not
not
having
anything
forthcoming
from
from
staff
of
the
applicant.
I
I
think
perhaps
that's
you
know
a
topic
for
deliberation.
So
let's
go
to
councilmember
moore
at
this
point,
councilmember
moore.
M
Thank
you,
mayor
paul.
I
was
wondering
if
the
vice
mayor
could
I
believe
you
were
the
person
screen
sharing
and
you
showed
the
decks
if
you
could
share
that
one
more
time.
I
would
appreciate
that.
M
Okay,
great,
thank
you.
So
my
concern
and
it's
something
that
I
I
really
I
I
think
it
looks
great
in
this
this
image
than
the
graphic
and
that's
the
railing
that
you
have.
M
However,
when
I
think
about
the
fact
that
that
corner
unit
has
the
almost
500
square
foot
deck
which
you're
showing
with
outdoor
furniture
outdoor
kitchen.
I
really
don't
personally
look
forward
to
seeing
someone's
outdoor
kitchen
and
furniture
and
people
and
stuff
out
on
this
railing
with
it
being
open,
because
it's
an
open
railing
that
you're
showing
here,
which
is
not
opaque.
M
It
is
on
the
third
floor
and
for
me
if
it
were
solid
or
opaque
in
some
way,
whether
it
was
glass
to
match
the
other,
what
you're
showing
for
the
for
the
other
glass
on
the
first
and
second
floor
that
could
work.
M
But
I
I
do
not
want
to
see
what
I'm
going
to
deem
clutter,
especially
since
it's
a
corner
unit
and
people
are
going
to
be
coming
at
it
from
multiple
directions
to
look
at
it.
So
what
can
be
done
so
that
that
doesn't
happen
and
then
and
then
second,
just
a
quick
question
is
how
many
square
feet
is
this
final
project,
including
the
deck
areas
since
they
are
covered.
U
For
the
railing
that
is
a
metal
panel
with
slight,
very
slight
perforations
in
it,
so
the
exact
and
that
can
be
custom
made.
So
the
exact
pattern
of
those
preparations
can
be
selected,
that's
not
finalized,
so
we
can
consider
a
panel
that
is
much
more
solid
than
open
to
provide
more
privacy
for
screening
those
views.
Yeah
yeah.
V
U
So
it
includes
garages
stairs
a
lot
of
things
that
aren't
just
the
living
space.
B
Well,
now
or
more,
you
have
a
hand
raised.
Did
you
want
to
ask
a
follow-up
question
at
this
time
or
yes,.
M
How
can
how
can
we
ensure
that
we
don't
have
visual
blight
from?
However,
people
keep
their
outdoor
decks
because
I've
seen
places
where
people
load
them
up
with
yard
yard
furniture,
lots
of
things
it
doesn't
look
very
attractive.
They,
maybe
don't
have
a
flare
for
for
that
outdoor
decorating
space.
M
V
I
think
again
a
project
like
this.
You
know
we
will
have
an
hoa.
I
think
again,
it's
it's.
You
know
it's
it's
going
to
be
a
very
nice
project
and
again
the
hoa
as
far
as
controlling
that,
and
I
think
what
jamie
said
and
what
you
talked
about.
I
think
we
want
to
have
a
nice
rail.
But
again
I
understand
what
you're
talking
about
that.
We
can
look
at
something,
that's
pretty
not
transparent,
but
it
has
it
that
still
has
a
nice
detail
to
it.
V
So
I
think
we
can
work
with
staff
to
do
that
and
I
think
you
know
put
strong
things
in
there
with
an
hoa
about
requirements
and
deck
and
disability,
and
I
think
we've
done
the
kitchens
and
things
like
that.
They're
back
against
the
wall,
they're
not
on
the
outside
edge
they're.
You
know
tucked
back
in
and
I
think
also
the
roof
element,
I
think
helps
you
know,
control
that
also,
as
far
as
creating
a
frame
as
far
as
how
the
spaces
work.
M
Thank
you
and
pew.
Is
there
something
that
you
feel
like
you're
able
to
do
working
with
the
working
with
the
applicant
to
ensure
this.
I
I
did
want
to
point
out
that
the
city
is
municipal
code
in
chapter
1922,
which
is
property.
Maintenance
does
have
requirements
about
having
unsightly
things
that
are
placed
that
are
visible
from
the
public
right
away
that
could
be
utilized.
However,
we
would
hope
that
there
would
be
strong
language
in
the
ccnr's
for
the
hoa
to
disallow.
I
guess
clutter
in
that
in
in
the
private
open
space
visible
from
the
public
right
away.
M
Okay
and
there-
and
I'm
particularly
concerned
about
that
corner
unit-
that
we're
all
going
to
be,
you
know
facing
there
if
there's
something
to
have
it
louvered
or
you
know,
to
really
and
and
the
people
living
there
are
probably
going
to
want
some
privacy
and
not
feel
like
everybody
driving
by
is
looking
at
them
when
they,
when
they
use
the
deck
space
as
well
and.
I
I
think
we
can.
The
architect
will
can
come
up
with
good
solutions
for
that
in
terms
of
the
kind
of
perforation
or
the
the
amount
of
perforation
that
they
use
for
that.
But
we
do
want
something:
that's
lighter
on
the
higher
floors,
because
if
they
were
to
put
a
completely
solid
wall
there,
the
building
will
look
a
lot
heavier.
C
B
Okay,
I'm
gonna
go
ahead
and
suggest
a
motion
as
as
recommended
by
staff,
with
two
modifications
with
regard
to
the
bmr
fee
component
staff
is
directed
to
calculate
the
added
economic
value
of
0.35.
B
Of
the
moderate
unit
provided
by
the
applicant.
An
applicant
will
contribute
that
additional
amount
to
the
city's
bmr
fund,
less
the
square
footage
impact
fee
that
has
been
calculated
and
then
with
regard
to
visibility
of
the
decks
and
patios
staff,
will
take
direction
from
council
and
work
with
applicant
as
discussed
to
ensure
that
the
aesthetic
integrity
of
the
project
is
preserved.
B
So
those
are
my
takeaways
from
our
discussion
here
and
let
me
check
the
recommended
action
very
briefly
so
resolution
and
there
is
an
ordinance
tied
to
this
as
well,
and
so
that
would
be
part
of
my
motion,
of
course,
and
then
we
would
need
a
first
reading
from
our
city
clerk
on
that
ordinance
as
well.
B
I
I
have
a
clarifying
question,
mr
mayor,
sorry
for
the
interruption,
but
I
mentioned.
B
Yeah,
no
just
hypothetically
speaking,
if
the
number
ends
up
being
150
000
and
you
calculated
18
000,
they
would
be
putting
150
in
the
bmr
fund,
except
the
additional
amount
of
132
right,
because
you're
already.
B
I
just
want
to
keep
us
legally
correct
to
make
sure
that
we're
charging
the
square
footage
fee.
You
know
per
our
manual,
but
the
applicant
is
agreeing
to
add
that
extra
amount
per
your
calculation
or
per
staff's
calculation
based
upon
the
parameters
I'm
describing
here,
and
I
just
you
know
in
an
effort
to
be
really
transparent
about
it.
I
mean
my,
I
think,
there's
a
gap
that
exists
for
this
fraction.
B
Okay,
so
the
rule
is
that
if
you
get
to
1.5
you
round
up-
and
you
give
us
another
unit,
but
if
it's
under
one
point,
if
it's
under
0.5,
what
ends
up
happening,
is
you
pay
20
a
square
foot?
And
you
know
everyone
knows
that
20
20,
a
square
foot
just
doesn't
get
anywhere
near
the
economic
value
of
a
bmr
unit,
whether
it's
moderate
or
very
low
income,
and
so
I'm
just
trying
to
you,
know
equilibrate
that-
and
I
realize
that
you
know
in
order
to
fix
our
ordinance
on
this.
B
We're
going
to
have
to
you
know,
do
some
work,
but
I
think
this
is
a
great
vanguard
and
example-
and
I
thank
the
applicant.
I
thank
staff
I,
but,
but
especially,
I
think
the
applicant
for
being
willing
to
you
know
provide
this,
because
I
I
think
it
just
gives
us
a
great
you
know
kind
of
leading
example
of
how
we'll
go
about
you
know
fixing
this.
So
is
that
clear
enough
pew
I
mean
basically
based
on
that
calculation.
They've
already
paid
they're
already
required
to
pay
that
square
footage
portion.
B
Great
thanks
very
much
councilmember
moore
did
you
have
a
okay?
So
let
me
clarify
the
process.
I've
put
a
motion
on
the
table
before
I
close
the
hearing
before
I
you
know
ask
for
the
second
clean
up
all
your
questions.
If
you
have
any,
you
know,
follow-up
final
questions
and
then
I'll
take
a
second.
You
know
and
then
close
the
hearing
so
councilmember
moore
did
you
have
any
further
questions
at
this
point.
B
Okay,
let
me
ask
the
rest
of
council:
are
there
any
further
questions
on
this
item
before
I
close
vice
mayor
ciao,.
N
N
So
what
is
the
staff
supposed
to
do
and
do
they
do
they
have
to
flag
that
this
doesn't
comply
with
the
zoning
before
the
30
days
or
or
or
or
are
we
then
are
forced
to
approve
any
zoning
request?
Anyways
only
request.
S
B
S
Yes,
so
I
believe
this
project
was
framed
as
as
as
a
request
for
a
zoning
ordinance
modification
fairly
early,
and
so
it
was
never
and
the
applicant
never
contested
that,
so
it
never
became
an
issue
as
to
whether
you
know
a
zoning
ordinance
modification
would
be
required
or
not,
and
np
can
can
correct
me.
If
I
have
any
of
the
history
incorrect.
N
B
At
this
point
and
councilmember
moore,
your
hand
is
still
raised,
is
that
still
for
the
second,
or
did
you
have
any
final
question
to
ask.
M
Well,
I
I
still
don't
believe
that
it
is
following
the
general
plan-
and
I
you
know
it's
open
to
interpretation,
but
it
is,
has
the
asterisks
showing
that
it's
a
neighborhood,
a
commercial
center?
Has
the
non-residential
land
use
designation,
which
has
its
has
a
definition
for
that,
and
so
I
I
felt
all
along
that
this
needed
a
general
plan
amendment
and
then
I've
wondered
if
staying
within
the
housing.
M
Accountability
act,
if
you
couldn't
like
I
mentioned
earlier,
give
give
them
an
extra
floor
so
that
the
commercial
would
be
maintained,
and
I
I
think
we
we
need
to
clean
up
our
our
general
plan.
So
this
stops
happening.
You
know
this
is
this
is
going
on
too
many
times
and
and
like
also,
I
said
you
take
the
other
project
down
the
street.
They
have
a
commercial
component.
M
B
B
Okay,
great
so
noted,
councilmember
moore,
and
thank
you
for
that
final
question.
Let
me
just
clean
that
up
very
briefly
with
staff
you
know.
Obviously
this
is
a
process.
Everything
that
we
conduct
in
the
public
arena
is
a
process.
You
know,
I
think,
we're
rightly
pointing
out
some
some
issues
and
that's
just
the
nature
of
of
how
we
work
and
I
think
it
works.
Well.
B
Let
me
just
ask
anyone
from
staff
on
this
guidance.
Do
you
feel
sufficiently
sufficiently
guided
so
to
speak
such
that
we
could
do
the
follow-ups
to
clean
up
the
concerns
that
have
been
expressed
by
council
and
the
public
with
regard
to
the
process.
F
Yes,
sir,
mr
mr
mayor,
benfield
george
community
development,
we
hear
you're
loud
and
clear
and
we
will
be
working
with
c
turns
off,
as
well
as
the
same
manager
and
looking
for
ways
to
to
clean
us
up
to
to
council
satisfaction,
so
so
that
future
projects
will
be
a
different
evaluation
process.
Okay,
great.
B
S
Just
and
just
just
just
one
more
clarification,
certainly
your
edition
was
clear.
I
just
I
just
to
clarify
your
motion
includes
the
staff
recommendation
as
modified
by
the
desk
item
that
was
submitted
today.
Yes,.
B
B
B
So
you
know
I
I
know
the
prior
applicants
said
they
wanted
it
done
yesterday,
but
don't
do
it.
You
know
right
away
and
just
take
the
sign
down
and
destroy
it,
of
course.
So
I
mean
I
take
it
on
good
faith
that
everyone's
going
to
be
working
together
on
this
vice
mayor
chad.
You
still
have
your
hand
raised.
Did
you
or
you
raised
your
hand
again?
Did
you
have
another
question
at
this
point
before
we
close
this
out?
N
So
follow
up
just
trying
to
understand
so
that
the
applicant
did
request
a
rezoning
for
the
project
at
the
time
of
replication.
N
I
think
similar,
some
other
projects
have
requested
exception,
and
then
it
goes
on
for
a
long
time
by
the
time
it's
on
the
console
desk
agenda
right
now.
We
kind
of
feel
that
you
are
forcing
us.
There
is
no
option.
We
have
to
approve
approve
whatever
reasoning
or
exception
request,
and
it's
a
housing
project
we
have.
N
We
we
feel
like
we
are
pressured
to
approve,
but
that
shouldn't
be
the
way
is
there
should
shouldn't
this
kind
of
request,
be
flagged
and
put
on
the
council
agenda
earlier
before
the
project
is
further
along,
so
that
we
get
input
on
whether
this
rezoning
an
exception
is
considered
compliant
or
or
acceptable
by
the
council
as
a
discretionary
approval.
Thank.
B
You
for
that
question
vice
mayor
chow,
I
will
take
that
as
a
reiteration
of
the
prior
question
and
just
check
back
in
with
staff
lesson
learned.
Is
that
correct
from
the
process
and
it's
a
good
process
to
be
able
to
get
some
input
prior
to
these
types
of
modifications
being
made,
because
we
do
have
our
requirements
and
and
you.
K
B
Well,
staff
could
bring
it
back
to
council
right
before
these
types
of
modifications
are
made
and
presented
to
us.
We
could
be
apprised
of
the
shot
clock
you
know,
starting
to
run
so
that
we
can,
you
know,
actively
make
a
decision
based
on
discussion
and
input
from
the
public.
So
are
we?
Are
we
good
with
that
commitment?
Anyone
from
staff
want
to
speak
to
this.
S
Yeah,
I'm
happy
to
speak
to
it
there.
So
I
think,
when
we've
discussed
this
with
the
council
of
mr
council
before
we
have,
we
think
you
know.
One
of
the
lessons
from
this
process
is
to
make
sure
that
where
there
are
questions
that
are
debatable
where
council
discretion
can
be
preserved,
you
know
those
decisions
are
that
are
that
are
made
early
in
the
process
which
you
know
to
some
extent
have
to
be
made
at
the
staff
level.
S
Given
the
structure
of
state
law
are
made
in
a
way
that
preserves
discretion
to
the
maximum
extent
possible
and
then
that
and
then
that
decision
comes
to
council
with
you
know
all
of
the
policy
considerations
and
in
some
instances
some
of
the
you
know,
the
legal
risks
that
are
attended
with
certain
decisions
and
council
can
can
make
that
decision.
S
And
so
that
you
know
and
so
that
that
and
so
I
think
that's
the
discussions
that
we've
had
and
I
think
you
know
we
are
comfortable
with
that
direction.
B
P
B
To
to
the
public-
and
you
know
both
to
the
applicant
and
and
hear
the
future
future
residents.
Well,
I
see
councilmember
willie,
you
have
your
hand
raised
and
did
you
have
any
questions
before
we
close
the
public
hearing.
P
Just
just
a
brief
comment-
and
that
is
you
know
each
one
of
us
is
is
unique,
but
what
we're
talking
about
here,
I
think,
is-
is
pretty
common
amongst
us
and
that
is
making
sure
that
the
developers
understand
what
the
general
plan
is.
They
can
come
and
ask
for
any
types
of
variations
that
they
want,
but
if
we
have
it
clearly
defined
in
the
general
plan,
they're
going
to
put
more
effort
in
to
trying
to
meet
it
and
then
when
they
decide
it's
it
just
really
doesn't
want
to
work
for
them.
P
What
can
they
do
for
the
community
to
balance
it,
and
you
know
if
we
only
hear
the
other
one
where
we're
trying
to
hamper,
we
keep
getting
a
bad
rap
and
we're
not
we're
trying
to
do
the
best
for
the
community
at
large
for
all
these
requests
that
come
to
us
and
we're
here
to
negotiate
and
talk
about
it.
So
that's
all
thank
you.
B
E
This
is
the
first
reading
of
ordinance
number
22-2237,
an
ordinance
of
the
city
council
of
the
city
of
cupertino,
approving
the
rezoning
of
three
parcels
from
planned
development.
Zoning
with
general
commercial
uses,
pcg
to
plan
development,
zoning
with
commercial
with
general
commercial
and
residential
uses,
pcg
res
z-2020-001.
B
Okay,
very
good
and
I'll
just
reiterate
that
I
placed
a
motion
on
the
table
and
that
council
member
moore,
if
you
could
please
verify
that
you
seconded
the
motion-
and
it
relates
to
this
this
ordinance
in
addition
to
a
few
other
resolutions.
B
N
So
I
agree
with
councilman
one
more
that
I
would
have
liked
to
see
a
general
plan
amendment
to
increase
the
height
for
2-3
stories
for
this
location,
since
it's
at
the
corner
of
a
kind
of
busy
intersection,
and
then
I
would
like
to
see
more
reasonably
sized
town
homes,
that's
that's
more
available
for
moderator
income,
families
and,
if
try
to
fit
in
some
commercial
space.
If
not,
I
would
like
to
see
some.
N
A
motion,
so
I'm
making
a
substitute
motion
to
continue
this
item
for
the
applicant
to
consider
a
potential
general
plan
amendment
so
that
we
do
have
a
project
that
complies
with
the
amended
general
plan.
B
Okay,
vice
mayor
ciao,
thank
you
for
making
emotion
it.
It
doesn't
have
a
seconder
at
this
point,
so
any
further
comments
or
procedure
proposed
by
council.
I
see
council
member
willie
with
the
hand
raised.
P
Yeah
I'll
just
say
that
you
know,
I
think
the
developers
plans
that
we've
reviewed
tonight
show
that
he
has
so
much
already
invested
in
it
that
at
this
point
in
time
to
continue
it
I
he
would
not
be
in
his
favor,
and
so
that's
why
I
didn't
second,
the
that
substitute
motion.
P
I
think
he
wants
to
see
his
project
move
along
and
if
it
was
a
much
bigger
project-
and
we
were
talking
about
another
10
or
15
units
yeah-
I
think
it
might
be
worthwhile,
but
you
know
to
to
get
an
additional
one
or
two
units.
I
I
just
don't
see
that
and
he
has
to
sacrifice
the
and
put
in
the
retail.
N
N
B
So
vice
mayor
before
I
open
the
hearing
back
up,
so
you
can
ask
questions
to
the
attorney.
Let
me
just
go
ahead
and
say
for,
for
my
part,
I
think
that
your
sentiment
is
captured.
I
I
don't
think
that
it
would
be
a
good
idea
to
place
it
in
the
resolutions
or
in
the
ordinance,
but
let
me
just
open
that
back
up
because
you're
asking
a
question
of
staff
here
with
regard
to
the
hearing.
B
No,
that's
fine,
mr
city
attorney.
Did
you
want
to
speak
to
vice
mayor
chao's
comment
with
regard
to
indicating
more
qualitative
assessments
of
compliance
with
the
general
plan
and
the
rest
of
what
she
was
describing.
S
Yeah,
no,
I
I
I
think
that
you
captured
it
mayor.
I
think
I
think
the
the
record
from
this
hearing
does
reflect.
You
know
vice
mayor,
child
and
and
council
member
moores,
and
perhaps
other
council
members
sentiment
in
this
regard,
but
I
I
think
it
would
certainly
create
confusion
if
the
resolution
included
included
language,
suggesting
that
the
project
did
not
comply
with
the
general
plan.
N
So
you
mean
the
record
of
this
meeting
would
make
it
clear
that
this
is
a
one
time
only
exception.
We
are.
The
interpretation
of
the
city
is
still
consistent
with
the
past,
which
is
rcg
means
commercial
must
be
included,
shall
be
included,
even
though
we
did
not
make
it
that
clear
in
the
genocide
language.
S
B
M
Well,
I
would
like
to
have
it
stated
that
residential
may
only
be
on
the
upper
floors
according
to
the
general
plan,
and
that
to
me
seemed
pretty
pretty
clear
as
well
so
and
generally
in
the
meeting
minutes
where
comments
such
as
this
aren't
included.
So
I
would
appreciate
if,
if
they
are,
that
would
be.
That
would
be
good.
M
We,
we
often
will
see
comments
from
the
public,
but
some
of
the
things
that
we
say
aren't
captured
so
I'd
appreciate
to
have
that
included
as
well,
and
when
the
project
the
shot
clock,
started
and
ended
before
it
came
to
the
the
erc.
There
was
no
ability
for
the
city
council
to
to
weigh
in,
and
it
was
it
was
already
too
late
before
it
got
to
the
erc.
M
B
Okay,
yeah,
so
in
the
form
of
a
question,
just
you
know
extending
upon
vice
merchant
question.
Can
we
include
what
council
member
moore
was
vocalizing
a
moment
ago
in
the
minutes
as
well?
B
Okay,
very
good,
I'm
gonna
go
ahead
and
close
back
the
the
the
hearing
we're
in
the
deliberative
process
at
this
time,
and
so
vice
mayor.
Let
me
go
ahead
and
defer
to
council
member
way
who
has
her
hand
up
as
well.
She
hasn't
had
a
chance
to
deliberate,
yet
so
councilmember
way.
B
Oh,
you
have
a
question.
Okay,
let
me
let's
back
up
I'll
open
up.
R
This
position
is
for
our
city
attorney,
because
if
I've
been
listening
carefully
and
understood
what
our
city
attorney
has
been
saying,
this
project
is
confirming
to
our
general
plan,
but
not
to
the
zoning,
but
because
of
the
laws
that,
if
it
has
a
conflict
it
it,
the
general
plan
prevails.
R
So
if
I
am
I
not
hearing
correctly,
I
heard
that,
yes,
we
can
put
vice
mayor's
comments
and
then
council
member
moore's
comments
but
comments
if
our
comments
conflict
with
the
law
or
so
I'm
a
little
confused.
R
S
Yeah,
the
project
has
been
determined
to
comply
with
the
general
plan.
The
the
applicant
has
also
has
requested.
S
It
is
a
mod,
a
a
zoning
modification
for
the
project
as
well,
which
will
bring
the
zoning
into
alignment
with
the
general
with
the
general
plan
designation,
even
though
you
know,
arguably
that
zoning
modification
is
not
necessary
for
reasons
of
state
law.
But
yes,
I
think
you
know
that
that
that
that
determination
has
been
made-
and
you
know,
and
and
for
the
reasons
that
was
discussed
today-
there
are
significant
legal
consequences,
potentially
from
revisiting
that
determination.
At
the
time.
B
Thank
you
and
thank
you
councilmember
way.
Vice
mayor
ciao,.
N
So
could
the
media
could
the
minute
also
capture
the
impact
of
the
housing?
Accountability
act
that
on
this
kind
of
project
would
have
comply
to
general
plan
agent
of
the
zoning
and
the
interpretation
of
the
city
in
the
of
the
general
plan,
but
because
of
housing
accountability
act
now
the
city's
hands
are
tight
and
we
we
are
forced
to
rezone
because
they
don't
have
to
comply
with
this.
Q
B
Well,
I'm
going
to
make
that
last
question.
You
know
honestly
yeah
so
so
chris
did
you
want
to.
You
know
speak
to
that
that
question.
S
So,
there's
no,
no,
no
legal
reason
why
that
can't
be
captured
in
the
minutes.
Now
the
verdict
you're
sentenced
to
the
the
practicality
of
these
requests
at
a
certain
level.
E
Yes,
normally
we
would,
we,
council
is
approved
the
form
of
action
minutes,
which
is
just
strictly
the
action,
but
in
this
case
I'm
happy
to
include
vice
mayor's
additional
comments
and
I'll
just
capture
it
as
such
that
that
the
vice
mayor
and
councilmember
moore
additional
comments
I
can
frame
it
that
way
to
be
included
in
minutes.
B
Okay,
so
I'm
closing
off
the
the
public
comment,
the
the
public
hearing
at
this
point,
councilmember
wooley,
before
we
go
to
you
raised
hand,
you
know,
I
I
think
it's
fair
to
say
that
the
general
gist
of
this
is
that
there
are
process-oriented
improvements
that
we
can
be
making
to
make
sure
that
the
public
as
well
as
council,
has
their
input
points,
and
so
I
think
our
city
attorney
said
it
best.
In
order
to
preserve
the
decisional
options,
you
know,
staff
is
going
to
proceed
in
the
future.
B
You
know
based
upon
some
of
the
experiences
that
we've
we've
had
here
and
and
make
sure
that
there
are
more
of
those
check-in
points
to
the
extent
that
discretion
is
applied
in
a
way
that
would
optimize
the
options
of
the
public.
That's
what's
going
to
be
done,
and
so
that's
what
I'm
hearing
from
this
direction
and
these
requests
to
capture
you
know
sentiments
in
the
minutes,
and
so
let's
go
to
council
member
willie
councilman
willie.
Do
you
have
further
deliberation
to
make
at
this
point.
P
Yeah
just
a
comment:
I
want
to
be
sure
that
we
are
clear
the
general
plan,
as
councilman
moore
said,
residential
units
are
above
the
ground
floor.
That
means
technically,
this
project
does
not
conform
to
the
general
plan.
Let
me
say
it
again:
this
project
does
not
conform
to
the
general
plan,
but
because
staff
approved
and
said
that
it
did
conform
to
the
general
plan,
it
becomes
a
mute
point.
It
does
not
make
it
comply
to
the
general
plan.
It
just
removes
any
further
discussion.
P
B
All
right,
thank
you,
john.
You
know,
honestly,
I
think
the
point
has
been
made.
You
know
I
I
think
you
know
our
our
staff
here
is
what's
happening
and
you
know
hopefully
that
you
know
there's
that
that
adherence
to
those
requirements-
and
you
know
I
I
think
we're
at
a
point
right
now
where
we've
adhered
to.
You
know
the
legal
requirements
and
you
know:
we've
protected
the
interests
of
the
city
and
gotten
those
sentiments
out
there,
and
so
I
don't
see
further
hands
raised
at
this
point
for
deliberation.
We
have
the
motion.
B
We
have
the
second
okay,
so
vice
mayor
ciao
did
you
have
a
further
deliberative
point
that.
N
So
yeah
I
like
that
the
project
has
a
really
nice
setback
on
along
foothill
and
in
the
corner,
so
this
corner
would
have
been
a
great
location
for
lifts,
live
work,
units
that
the
staff
has
suggested
and
that,
but
the
applicant
did
not
wish
to
pursue
that,
and
this
kind
of
a
negotiation
could
have
happened
earlier,
but
now
it's
too
late.
There
are
other
things
that
could
happen.
It's
too
late.
So
it's
not
like.
I
don't
like
the
project.
I
really
like
the
project.
N
They
did
they
provided
the
retail
units
that
so
that
they
couldn't
make
as
much
profit,
and
then
we
have
this
developer,
who
does
not
comply,
and
then
they
have
all
the
reasons
for
they
cannot
comply.
That
make
is
this.
It
is
an
equitable
treatment
between
developers
that
I
don't
like
to
see,
therefore,
why
we
make
laws
why
we
want
people
to
comply
is
to
be
fair
to
everyone.
N
Otherwise,
one
person
push
back.
They
get
more
other
people
who
follow
the
law.
They
they
have,
they
they
they
get
less
and
that's
just
not
fair,
so
yeah
where
our
hands
are
tight
and
I
do
like
the
project.
I
just
think
this
kind
of
process
should
be
fair.
The
council
should
not
be
put
into
a
position
where
we
have
no
room
for
any
negotiation,
no
room
for
any
other
modification.
N
This
should
not
be
the
position
we
are
forced
to
be
in.
Thank
you.
M
M
Are
the
there
was,
I
think.
M
Papyrus
calariana.
B
Oh
right,
I
I'm
not
gonna
sidestep
the
question,
but
I
I
intended
it
to
be
treated
the
same
way
that
the
other
project
was
treated
with
regard
to
this,
and
that
was
staff
direction
to
work
with
the
applicant.
I
I
heard
the
applicant's
representative
saying
that
they
are
happy
to
work
in
order
to
you
know,
preserve
the
the
the
native
percentage
of
of
plantings.
I
see
pew
with
the
camera
on
and
the
microphone
on.
I
know
I'll
turn
on
the
microphone.
If
you
want
to.
M
B
That's
my
my
understanding
of
you
know
how
we're
going
to
proceed
on
that,
and
I
think
those
are
great
comments
by
the
way
you
know
from
the
public
and
you
know
very,
very,
very
needed
very
apropos.
So
thank
you
and
kudos
for
doing
that.
Background.
Work.
Okay,
vice
mayor
ciao,
I
think
we'll
lay.
N
N
B
Well,
let
me
just
do
this:
make
the
language
consistent
with
the
motion
item
on
on
this
item
on
this
aspect
of
the
of
the
motion,
and
so
let
me
see
if
councilmember
moore
agrees
to
that.
Second,
yes,
okay,
great,
so
we'll
just
keep
it
in
conformity
and
the
understandings
are
consistent.
B
Okay,
all
right
great!
So
let's
go
ahead
and
take
a
vote
on
the
motion
on
the
table.
Thank
you
very
much.
Everyone
for
your
great
work
tonight.
B
Okay,
great
congratulations
to
everyone,
including
the
applicants
in
the
public.
Thank
you
to
our
staff.
Thank
you
to
our
public.
You
know
welcome
city
manager,
troop
to
cupertino,
you
know
and.
B
You
know
bode
well
for
our
future.
There's
a
lot
of
work
ahead
of
us.
We
have
not
really
had
discretion
taken
away.
We
simply
have
more
obligations
and
we'll
obviously
meet
those
obligations.
You
know
in
full
force
without
any
reservation
as
to
you
know,
putting
our
wherewithal
and
our
abilities
forward
to
the
public
and
with
the
applicant.
So
thank
you
very
much
best
of
luck
with
everything
again
happy
new
year.
Everyone.
B
All
right,
everyone,
I'm
gonna,
go
ahead
and
adjourn
this
special
meeting
and
remind
everyone
that
we
have
a
regularly
scheduled
meeting
next
tuesday
january
18th.
That
will
start
at
6,
45
p.m.
So
have
a
great
night
and
we'll
see
you
then.