Even as Sunnyvale looks toward community garden plots as a way of balancing urban development and open space within city boundaries, the plan to turn 3.67 acres of space into stores and homes met no opposition as it sailed through the planning commission and city council approval process.

The plan is to build 36 townhouses on 2.21 acres of the 3.67-acre plot and just under an acre and a half of commercial space for small retail. The council also approved annexing the land to Sunnyvale and canceling the land's agriculture designation under the Williamson Act, designed to protect land for agricultural uses.

Yvonne Olson Jacobson, who grew up on and now owns the plot, has said she wants to develop the property while she and her husband, William Jacobson, still have the energy and interest to make sure it's done right.

"It's been a long time coming, I think it's the right time for us to do it," Yvonne Jacobson said. "I would like to see it developed now so the next generation doesn't have to deal with it."

Jacobson plans to have extensive art on the site to tell the history of the orchards and is now looking for artists and themes to include in the work. She said she would like to find local artists to contribute but that no formal plans are in place.

"I think once all these pieces are in place, the artwork, the residence section and the commercial section, we should come up with something that can be a lasting, positive contribution," Jacobson said.

While there are still cherry trees on the land, the orchard has not produced fruit in three years, due to the age of the trees and the oak-root fungus, armillaria mellea, which has infected the soil. Also, the proliferation of asphalt and roads in Sunnyvale has effectively raised the winter temperatures enough to stop the trees from producing fruit.

Because the trees are no longer viable, Councilman Ron Swegles—typically a protector of Sunnyvale's trees and orchards—had no problem supporting the project, because he said it was a good use of such historically important space. He also liked the plan to place flowering cherry trees—which produce bountiful blossoms, but no fruit—on the perimeter of the retail area to remind visitors of the site's legacy. The only source of cherries at that intersection now is the C.J. Olson Cherries stand across the street in the City Orchard Shopping Center

"I was very happy to hear that the alternative to the orchard was to place non-fruit-bearing cherry trees to preserve the look and feel of the old orchard," Swegles said.

Swegles said he was also impressed by the community support of the project.

Bernard Morais, president of the Old Orchard Townhouse Association, was on hand to praise the Jacobsons and their development partners for their openness and willingness to work with the community to create a project that pleased everyone around it.

In addition to the approval, the council hammered out smaller details including individualized trash collection for residents of the proposed 36 housing units and better access routes for visitors to the complex.

William Jacobson said that if escrow closes in September and the Arco gas station is able to clear out within four months, construction could be under way by this time next year.