The planning commission, which rejected the mixed-use project twice, finally approved it by 3-1 at its Nov. 10 meeting. Commissioner Gilbert Wong cast the only opposing vote.

But this was a tough decision for the planning commission to make.

The project, which will demolish the Oaks Theater and the Tsunami Sushi restaurant to build 49 three-story condominiums on the west side of the shopping center, has faced strong opposition from the residents and some business owners. At three public hearings, opponents of the project packed the chambers to speak against the development. When the planning commission approved the project on Nov. 10, the audience booed the commissioners and criticized them for failing to represent the constituents.

Residents' concerns range from traffic impact and overpopulation of schools to making exceptions to the General Plan (the project requires a zoning change and an exception to the Heart of the City plan). But the core issue they raise is whether a mixed-use development is the answer to revitalizing the Oaks Shopping Center, of which many longtime residents have fond memories.

Residents point out that the Oaks is a shopping center of character and history.

The 35-year-old shopping center used to be a gathering place, with a movie theater (Oaks Theater), a bookstore (A Clean Well-Lighted Place for Books), a small bakery (Happy Endings), a coffee house (Coffee Society) and a variety of restaurants.

But during the past 10 years, one store after another closed—first the bookstore, then the bakery and the movie theater. What moved in were such chain stores as Togo's, Jamba Juice and Coldstone Creamery. Although longtime tenants Hobee's and Coffee Society remain popular, the shopping center is declining.

"The Oaks Shopping Center is a pivotal part of Cupertino," said resident Jean Schwab. "Everybody wants the bookstore back and we can have a Barnes & Noble move into the movie theater. We don't need to tear down the shopping center. We need to revitalize it."

There have been efforts to revitalize the shopping center before, and all failed for various reasons. In 2000, a plan to move Andronico's grocery store to the center failed because of residents' opposition.

Developer Regis Homes hopes to have better luck than previous developers. And unlike former proposals that focused on one part of the Oaks, Regis Homes has an ambitious plan to rejuvenate the shopping center as a whole.

Regis Homes proposes improving the landscape along Stevens Creek Boulevard, installing new signage for all the tenants at the shopping center and building crosswalks on Mary Avenue to the Glenbrook Apartments and the Cupertino Senior Center. It will also beautify the Stevens Creek Boulevard overpass at Highway 85.

Given the public concerns about the loss of potential sales tax revenues from the shopping center, a condition is included that limits new tenants in spaces fronting Stevens Creek Boulevard to sales-tax-generating operations. But this condition will not prohibit current non-sales-tax-generating businesses like Linda Evans Fitness Center from extending current leases.

"Our goal has always been to create a small-growth, mixed-use community," said Ken Busch, project manager for Regis Homes. "We believe the project will have a positive impact on the Oaks Shopping Center and make significant improvement on the gateway."

And many retail business owners, including Ralph Flynn of Coffee Society and Peter Crone of Metro Sport Inc., support the project.

In a form letter to the planning commission, these business owners said they believe "the elimination of the vacant spaces and the addition of families on the western portion of the shopping center will improve the shopping environment and help to accomplish a better retail experience."

Nobody can name what exactly the Oaks needs but whether the project Oaks will go depends now on the city council, which will hold a public hearing on the project on Dec. 15.