At its Feb. 15 meeting, the city council unanimously approved construction of a 46-unit condominium project on De Anza Boulevard. The Pinn Brothers project is to be built on the site of the now vacant Santa Barbara Grill and will include landscaping, public art and water features such as fountains. Pinn Brothers is a San Jose home builder.

The lack of commercial success at the site helped pave the way for the council's decision, despite the planning commission's decision not to endorse it. The commission had concerns about increased density, quality of life problems due to the proximity to I-280 and a desire to use the property for a commercial or office purposes.

However, the city council saw things differently.

"It is not the right site for retail," said Councilwoman Kris Wang, referring to difficulty accessing the site and lack of pedestrian traffic.

Mayor Patrick Kwok agreed, saying, "It's not ideal for retail, not accessible to the freeway [for retail], and that's an overriding reason to support the project." Cupertino's high rate of office vacancies was also listed as reason to not build an office building at the location.

In addition, the project's design—with buildings meeting height and setback requirements and contributing to housing needs and smart growth—also proved favorable to the council.

"This site has been available for a number of years," said Councilwoman Sandra James. "I am a big housing proponent, particularly of affordable housing and smart growth, and I am going to support it." According to the project description, 15 percent of the residences, or 7 units, will be reserved for affordable housing.

"I like the project," agreed Councilman Richard Lowenthal. "We are looking for a place to put 2,300 homes in Cupertino and [this] is a good choice. To me it's a part of smart growth and people will live here and work nearby." The property is located across the street from the Apple campus.

In addition to the planning commission, the project—to be known as the Oak Park Village—had additional detractors. Nearby residents also expressed concerns about traffic safety and people cutting through their neighborhoods.