Fail: 5,378 / 34.84% Yes votes ...... 10,058 / 65.16% No votes

See Also: Index of all Measures

YES
NO

Vallco

This ordinance, if enacted by Cupertino electors, provides for the re-zoning of a 5.19 acre parcel located within the Vallco Regional Shopping Center (10123 N. Wolfe Road in Cupertino) from a Planned Development (Regional Shopping Center) to Planned Development (Regional Shopping Center/Residential). If enacted, the ordinance will allow the construction of a 137 unit, two and three-story residential condominium development. The owners of the property have already obtained the necessary discretionary permits which will allow them to commence construction if the re-zoning ordinance is enacted. The approval of the specific development by the City Council is subject to a number of conditions which are described in detail in the approved conditional use permit adopted by the City Council on February 2, 2006 and on file with the City Clerk. These conditions include, but are not limited to, the following:

1. Providing a minimum 20-foot side yard setback along the east property line adjacent to the I-280/Wolfe Road off-ramp.

2. Providing an expanded open space area in the southeast corner of the project site incorporating passive recreation green space with benches.

3. Reducing the size of the adjacent daycare center to 3600 sq. feet.

4. Providing a minimum 40-foot setback along the western property line. .

5. Providing a triple row of screening trees within the existing landscape planter area along the western property lines, encompassing the existing tree row and two new rows of 48-inch box redwood trees.

6. Adding a 10-foot wide landscape area along the southern perimeter of the site for additional landscape screening.

7. Increasing the height of the existing sound wall along the western perimeter and provide for additional privacy screening and sound mitigation along the sound wall.

8. Participating in the City's below market rate housing program by providing that 15% of the units will be below market rate for qualified buyers.

9. Participating in the construction of certain off-site street and sidewalk improvements.

10. Prohibiting the owners from removing any portion of the wall located along the westerly boundary of the project, unless written consent is obtained by the majority of property owners owning property between the wall and Portal Avenue.

11. Installing public art on the site of a value of at least one-quarter percent of the total project cost.

If the ordinance is not enacted by a majority vote of the electors voting, then the proposed project cannot commence and the City Council is precluded from considering any similar ordinance for a period of one-year from the date of the election.

Prepared by Charles Kilian, Cupertino City Attorney

City of Cupertino

Campaign Finance filings

City of Cupertino -> Public Records -> Elections -> Campaign Disclosure Statements -> 2006 -> Referenda filings

Cupertino Against Re-zoning No on Measures D & E

There are no known proponent webpages at this time.

San Jose Mercury News

Nov. 2006 election articles

Cupertino Courier

Vote "YES" to support Vallco Fashion Park's efforts to bring high quality dining, retail, and recreation to Cupertino. Why should you have to travel to Palo Alto or San Jose for top quality shopping and dining experiences? YES for Vallco will allow the expansion and upgrading of our greatest shopping asset to continue with new movie theaters, recreation, shopping and dining right here in Cupertino.

Vallco is in the midst of a thrilling renovation and rejuvenation. A YES vote will support Vallco's vision of a cosmopolitan mixed-use destination. This measure enables Vallco to become the centerpiece of a live-work-play destination.

A YES vote will help increase Vallco's contributions to Cupertino's General Fund by an estimated $3 million - about half of Cupertino's law enforcement budget or the amount necessary to pay for the Steven's Creek Corridor Project (which is currently unfunded).

Supporting Vallco is good for Cupertino's economy and long-term appeal to employers such as Apple and HP. Apple announced 3,500 new jobs will be created in Cupertino, which means more cars on the roads unless these employees can live nearby. Today, Cupertino has about 30,000 jobs and only about 20,000 homes. Vallco's proposed 137 townhomes/condominiums add less than 1% to Cupertino's housing stock. Vallco has designed these homes for singles or couples without children. Thus, our School District has found these homes will have negligible impact on schools.

Without these residences, Vallco's development will slow and suffer. See for yourself the positive changes local owners are making at Vallco. Please support Vallco's renovation by joining the majority of the Cupertino City Council, the Cupertino Chamber of Commerce and Mayor Lowenthal in voting yes for Vallco. Visit http://www.vallcomall.com for up-to-date information.

/s/ Michael S. Rohde
General Manager, Vallco Fashion Park

/s/ Richard Lowenthal
Mayor, City of Cupertino

/s/ Mahesh Nihalani
Community Leader

/s/ Mark McKenna
President, Cupertino Chamber of Commerce

THE ISSUE IS SIMPLE: Do you want Vallco rezoned for high-density condos?

VOTE NO - SAVE CUPERTINO from school overcrowding, loss of tax revenue, and decreased property values.

Developers tried to STOP THIS DEMOCRATIC REFERENDUM with a groundless lawsuit.

VOTE NO - Rezoning only benefits developers.

"It's not about creating housing. It's about money." - Mayor Lowenthal

"The bottom line is ... we want to get a profit." - Emily Chen, Vallco Owner

VOTE NO - Vallco's condos add HUNDREDS of students to already overcrowded schools.

"New development puts more children in suburban schools, ... doesn't pay for the new schools." - Sierra Club

VOTE NO - Vallco doesn't need condos to revitalize the mall. Over 1,400 condos already approved, including 341 in Vallco.

"It is scary because there are a lot of condo approvals.... it's a big scary number!"
"Do I think it's the best use of the land? No, I don't." - Mayor Lowenthal

"... a grave mistake to take away commercial or industrial property and turn it over to housing." - Mark Burns, Association of Realtors

VOTE NO - Condos generate LESS REVENUE than retail and NO SALES TAX.

"Every housing we build, we lose money ... we only get 4% of the property tax." - Kris Wang Vice-Mayor

"Sales tax is a critical revenue source." - Cupertino Chamber of Commerce

VOTE NO - Fight destructive rezoning!

Unless it's stopped now, additional high-density rezoning will occur. Believe your neighbors, not the developers. Leaders deliberately misled voters in 2005 election. Don't be fooled again.

Visit http://www.cupertinocares.org

/s/ Patty Chi
President of CARe (Cupertino Against Rezoning), Mother of 2 toddlers

/s/ Sri Ram
Real Estate Management (Long-term resident)

/s/ Dennis S. Whittaker
Community Leader/Long time resident & businessman

/s/ Steven M. Scharf
Community Activist/Engineer

/s/ Edward J. Britt
Physicist & Long time resident, President of CCC (Concerned Citizens of Cupertino

VOTE NO on Measure D  Don't rezone Vallco for condos. Keep Vallco for Retail! Stop Condotino.

FACT: Over 1,000 condo units have already been approved.

Vote No - Prevent further school overcrowding. Stop cutbacks in city services and runaway city fees. Don't ruin Cupertino!

Over 5,000 Cupertino citizens signed petitions and fought a developer lawsuit to give YOU the chance to vote NO on this critical rezoning issue.

Vote NO - Stop School Overcrowding. Preserve Quality Education.

• More condos worsen school overcrowding, forcing our schools to add even more portables, including portable restrooms.

• High-density condos mean less overall tax revenue. High schools will receive less money per student resulting in loss of academic courses.

• Declining school quality will hurt property values throughout Cupertino.

• Vallco's owners received tax dollars to revitalize Vallco as a vibrant regional shopping center. Instead, they are building a collection of condo projects.

• Valley Fair and other successful malls need more space to expand, yet Vallco wants to squander its precious land for condo projects.

• You can't shop in a condo.

• VaIlco's failure will devastate the city's finances.

• Vallco will generate more tax revenue than condos.

• High-density housing shortchanges the citizens of Cupertino; property taxes do not cover the cost of public services.

• A solid tax base eliminates the need for more bond measures and special property tax assessments.

• Stop more traffic gridlock.

• Stop urban sprawl - keep our mall.

• Home values suffer when city services, businesses and schools deteriorate.

Join your neighbors - fight for Cupertino's future.

Vote NO on Measure D.

Visit http://www.cupertinocares.org

/s/ Patty Chi
President of CARe (Cupertino Against Rezoning), Mother of two toddlers, Long-time resident

/s/ Sri Ram
Real Estate Management/Long-term resident

/s/ Dennis S. Whittaker
Community Leader/Long-time resident/businessman

/s/ Steven M. Scharf
Community Activist/Engineer/Cupertino resident

/s/ Edward J. Britt
Physicist/Long-time resident, President of CCC (Concerned Citizens of Cupertino)

Opponents of Measure D and supporters agree on one thing: we both want what's best for Cupertino, now and in the future. What's in dispute are the facts.

They've misrepresented the number of residences approved and misrepresented impacts on schools, traffic, property values, tax revenues, and many other things. Here's an example:

Fact: Only two parcels at Vallco are approved for housing: 204 units (Rose Bowl) and 137 units next door to Macy's parking garage. Not 1,000 as opponents have stated.

Fact: Our School District has declared that the addition of 137 condominiums/townhomes, designed for singles and couples without children, will have a "negligible" impact on schools.

Fact: A majority of opponents live on the other side of a twelve-foot high wall from Vallco and are concerned that Vallco will install openings in that wall, therefore increasing traffic that they fear will hurt their property values. Vallco has committed that it will never create an entranceway through that wall unless a majority of those residents want it.

Fact: Approval of Measure D assures completion of the new Vallco Fashion Park resulting in over $3 million annually to Cupertino's General Fund. How can opponents suggest that residents will be "shortchanged"?

And they misrepresented and outright lied that owners of Vallco received taxpayer dollars. Vallco has not sought or received one nickel of tax money from Cupertino or any other entity. Vallco was purchased and is being redeveloped with private money from local owners.

So get the facts. Visit http://www.vallcomall.com

/s/ Michael S. Rohde
General Manager, Vallco Fashion Park

ORDINANCE NO. 1975

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RE-ZONING OF A 5.19 ACRE PARCEL FROM PLANNED DEVELOPMENT (REGIONAL SHOPPING) TO PLANNED DEVELOPMENT (REGIONAL SHOPPING/RESIDENTIAL) AT 10123 N. WOLFE ROAD (VALLCO)

WHEREAS, an application was received by the City (Application no. Z-2005-05) for the re-zoning of a property to Planned Development (Regional Shopping/Residential); and

WHEREAS, the re-zoning is consistent with the City's General Plan land use map, proposed uses and surrounding uses; and

WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and

WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed amendment to the Zoning Map of the City of Cupertino.

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1. That the property described in attached Exhibit A is hereby re-zoned to Planned Development (Regional Shopping/Residential); and that Exhibit A attached hereto is made part of the Zoning Map of the City of Cupertino.

Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage.

INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 31st day of January, 2006 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 22nd day of March, 2006, by the following vote:

ATTEST:
/s/ Kimberly Smith
City Clerk

APPROVED:
/s/ Richard Lowenthal
Mayor, City of Cupertino

[Exhibit A is not included in this copy.]