When the Zoning for a Parcel is Wrong, by Liang

The North Foothill Blvd Project is an example of a piece of parcel, which is zoned for R3, when it shouldn't. The property owner met all zoning code, but the project is just too dense for the neighborhood to accept. And the city council gave away all negotiation power when a parcel is zoned too dense than it deserves.

---------- Forwarded message ----------
From: Liang C
Date: Tue, May 5, 2015 at 6:42 PM
Subject: Regarding the Foothill Blvd Project on Agenda.
To: City Council <citycouncil@cupertino.org>, City Clerk CityClerk@cupertino.org

The project has met all zoning code. All council members listened to the residents' concern and asked many questions. I can feel that the council wants to help the neighbors, but cannot.

This is because the council is bound by the zoning code. If the council deny the project based on neighbors concern or even safety concern for traffic, the city might be sued by the developers.

What is wrong here is the zoning code. The zoning code is too lose and does not provide enough buffer between taller buildings and surrounding neighborhoods. The council and the residents are bound by a zoning code that's insufficient for this parcel.

I hope the council keep this in mind when you make decision on May 19th. When you increase building heights as proposed in the GPA, in such a large scale without getting the surrounding neighborhoods involved, you are putting yourself and the residents in a bind again. There will be no legal method to reduce the height even within a certain distance of the property line. We are subject to the developers' mercy to respect the neighborhoods' wish for privacy and safety concerns.

Please do not relax the zoning of any parcel without a project specific plan.

Otherwise, you are giving away negotiating power. And you are putting yourself in a bind and you will be threatened by the developers ammunition with a lawsuit for any simple request from the neighborhoods, like the Foothill Project before you today.