Parking is still the major concern.

Regis Homes proposes demolishing the Oaks Theater and the Tsunami Sushi restaurant to build 49 three-story condominiums and two duet units on the west side of the shopping center. Nineteen units have four bedrooms, while the rest have three bedrooms. The density of the proposal is about 15 dwelling units/gross acreage, below the city's density limit for this area, which is 35 dwelling units/gross acreage.

"This will be a classic mixed-use community and will add vitality to the shopping center," said Ken Busch, project manager for Regis Homes.

The developer said the proposed project will provide sufficient parking spaces.

On the residential portion of the shopping center, each unit has a two-car garage, and there will be 21 guest-parking spaces. There will also be 30 shared parking spaces between 7 p.m. and 7 a.m. on the north side of the shopping center (in front of the Dance Academy USA and Coldwell Banker).

Construction of the duet homes will remove a portion of the parking spaces on the west side of Mary Avenue. Mary Avenue currently has 195 angled spaces and 93 parallel spaces. The construction of the duet homes will decrease the parking spaces on Mary Avenue to 248.

On the retail part, the proposed project will reduce existing parking from 558 to 313 spaces, 14 more spaces than the city's required 299.

According to an independent traffic consultant hired by the developer, the reduction in parking spaces will not affect the retail business in the shopping center and cause overflow to nearby residential areas.

"We did a parking survey along Mary Avenue during the Moon Festival on Saturday. Only 50 percent of the parking spaces were occupied," said traffic consultant Sohrab Rashid of Fehr & Peers Associates. "Parking is an emotional issue, but people need to look at the numbers."

The residents, however, were not persuaded.

Some questioned the traffic consultant's credibility, since the developer paid for the traffic study. "It's like hiring a fox to guard a chicken coup," one resident said. Peter Gilli, city planner, said the traffic study is always paid by the developer, but the choice of traffic engineer is up to the city's approval. Some argued parking is just one of many issues.

The issues raised include "reduced on-street parking, increased traffic, negative high-density appearance, the future arrival of 30,000 De Anza College students overflowing the 5,500 future parking spaces, already overcrowded schools, the quality of life of our community and the impact on the future of the Oaks Shopping Center as a viable entity," said Peg Goodrich, who has lived near Memorial Park for nearly 20 years.

"The Oaks is identified as one of the three areas specified by the Heart of the City Specific Plan to define the 'nature, beauty and overall character of Cupertino,'" Goodrich said. "Under this proposal, a visitor's first image of Cupertino would be the rear end of a block of high-elevation townhouses approximately three times higher than the sound wall with bicycles and barbecues displayed on the upper decks. How could this possibly be in concert with creating a positive and memorable image of Cupertino?"

Many business owners at the Oaks either totally oppose the project or believe the project needs revisions.

"I was amazed that the developer proposed designating the shared parking area in front of the dance studio and Coldwell Banker," said Jim Carter, owner of Dance Academy USA. Carter and his wife have owned the dance studio in Cupertino for 16 years. "For me, it speaks to a complete lack of understanding regarding the center's dynamics or a conscious choice to pay little attention to the services the dance studio and others provide to the community."

A proposed new driveway that directly faces the dance studio worries Carter.

"At any one time, there are up to 100 parents, children, teachers and employees in and around the dance studio. Every hour on the half hour between 3 30 and 8:30, there are 80 or more children who are dropped off or picked up at this location," Carter said. "This is a real danger."

Edward Graziani, branch manager of Coldwell Banker, said even if the developer changes its project significantly, he would have great reservations.

"I don't support the density of the project," Graziani said. "As a real estate agent, we look at selling houses not only as a transaction but also a lifestyle and a place where family grows. The city should look at the Oaks not only as a development but also a grand scheme and be more thoughtful about the future."

After hearing the residents' opinions, the planning commission suggested the developer consider eliminating the duet homes from the project, moving the driveway away from the dance studio and studying the proposal's impact on local schools.

The planning commission will review the project again at its
Oct. 13 meeting.