Developers Braddock and Logan of Danville have applied to build 80 townhouses along De Anza Boulevard at Highway 85, an application unfamiliar to some Cupertino residents because the land is technically in San Jose.

As a result, Cupertino's planning department does not have a say in the issue. Instead, jurisdiction falls to San Jose's planning commission, which is scheduled to discuss the application on April 12. The San Jose City Council is tentatively scheduled to hear the issue April 18.

Despite the lack of jurisdiction (Cupertino begins north of De Anza and Bollinger Road), Cupertino officials expect San Jose's city council to be fair.

"We expect them to treat Cupertino as we would treat a neighbor," said Dave Knapp, Cupertino's city manager. "City staff is involved, and the planning department is watching it carefully."

As a part of that involvement, Cupertino's city council has passed a resolution asking San Jose to keep it informed about Braddock and Logan's plans. The project would be the 10th housing development currently planned or approved in the Cupertino area.

Braddock and Logan are seeking a change in San Jose's General Plan that would rezone an area bordered by Kentwood Avenue, Highway 85 and Cleo Avenue from commercial to medium/high-density residential. If the project is approved as medium/high-density, it would require a minimum of 20 houses per acre. The proposed homes would be sold at the market rate of about $1 million.

At the moment, the 40-year-old shopping center is home to small, one-story businesses such as the popular

Kikusushi Restaurant. If the Braddock and Logan application is approved by San Jose, the businesses, collectively known as the De Anza 85 Shopping Center, would be demolished.

The businesses have remained in San Jose due to the quirks of annexation. San Jose kept the retail business for its sales tax revenue while homeowners opted to become a part of Cupertino for its schools. The proposed homes would also send students to Cupertino schools, with the land a rare slice of San Jose that falls into the Monta Vista High School district.

Although Cupertino has limited input on the development, Braddock and Logan has agreed to notify individuals living within 1,000 yards of the development of any hearings. The company also held a public meeting with neighbors Dec. 19.

Knapp also encouraged Cupertino residents with concerns to organize.

"It would be good if they consolidated and [developed] a carefully thought-out argument," he said.

The March 22 San Jose planning commission will provide residents with their first official chance to do so. After the planning commission's decision, the application will go to the city council. If the council approves the development, construction is scheduled to begin in 2007.

Braddock and Logan declined to comment for this article.

The April 12 planning commission meeting begins at 6:30 p.m. in San Jose's city hall, 200 East Santa Clara St., San Jose.

For more information visit, www.sanjoseca.gov/planning/gp/pending.asp.

Councilwoman Linda Lezotte at www.lindalezotte.com. represents West San Jose.