The Cupertino Courier

Council sheds tier plan, lowers limit on height

By Pam Marino

With little discussion the City Council unanimously eliminated a controversial traffic plan that would have allowed Cupertino's largest companies to build two million additional square feet of offices.

Known as the "tier plan," the measure was originally included in the 1993 General Plan. It allowed Cupertino's "Big Three"--Apple Computers, Tandem and Hewlett-Packard--to develop traffic plans to mitigate the effects of building two million square feet of offices, in addition to what the companies are already allowed to build.

The plan came under attack during the 1993 election, when Councilman Don Burnett and Mayor John Bautista campaigned on a platform that promised to eliminate it.

This year the City Council requested that the tier plan, along with other portions of the general plan, be reviewed for possible amendments.

In July the Planning Commission voted unanimously to recommend elimination of the tier plan. Although a representative of Apple Computers spoke in favor of keeping the plan, a Tandem spokesman told the commission that the company, after speaking with members of the community, would not protest its elimination.

Last week, after hearing about the commission's decision, the City Council voted unanimously to eliminate the plan, with no discussion or comment among councilmembers.

In addition to eliminating the tier plan, the council voted to allow a conversion of retail space to office space on the site of an abandoned gas station, and to lower building heights and increase setbacks throughout the city.

Originally the city staff, local real estate experts and some companies recommended allowing more of Cupertino's retail space throughout the city to be converted into offices. Planning commissioners, however, said the city needed more retail space, not less.

In a 4-1 vote, Councilman Don Burnett in opposition, the City Council decided to allow some retail conversion on the northeast corner of Stevens Creek and De Anza boulevards because of a proposed project that includes an open public area, retail shops on the ground floor and offices above. Burnett said he does not favor any conversion.

The council also unanimously approved the recommendation of the Planning Commission to lower building heights from 120 feet maximum in some areas of the city to 60 feet, with allowances for 75 foot "landmark" buildings. A landmark building is one that includes public gathering places and other amenities, such as art galleries.

The council also agreed to an increase in setbacks, the area between buildings and streets.

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