PC 06-27-66 10321 3outh Sart�tog&-SttnnJtr2i;3e ROad
Cupertino, California Phone: 252-�!5n5
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PC-R12 80,000,�
C I T Y 0 F C U P E R T I N 0
California
MINUTES OF THE REGULAR MEE'I'ING OF THE PLANNING COP�IMISSION
June 27, 19C6 8:00 P.M.
Held in the Multi-Purpose Room, Portal School, 103�0 North Blaney
Avenue, Cupertino, California
I SALUTE T� THE FLAG
II ROLL CALL: Minutes of previous meetin�, 6/13/66
Comm, present: Bryson, Buthenuth, Horgan, Frolich, H�rshon
Comm, absent: None
Staff presen'c: City Attorney, Sam Anderson
City Engineer, Bob Shoolc
Planning Director, Adde La.urin
As�istant Planner, Jim Nuzum
R2cordin� Secretary, Lois Tnwards
Moved by Comm. Horgan, seconded by Com►n. Buthenuth, to
approve the Minutes of June 13 1966
Motion carried, �!-0
(Chairman Hirshon abstained)
Chairman Pro Tem Hirshon pul�licly �hanked the P.G. &�.
for askin� him to attend their demons'cration excursion
to various power plants. `
III ELECTION OF CHA�RMAN AND VICE CHAIRMAN
Moved by Comm. Horgan, seconded bJ Gomm, Bryson to nominate
Comm. Hirshon for the office of Chairman for the remainder
of this term, endin� April l, 1967
F2otion carried; L!-0
Moved by Comm, Frolich, seconded by Comm, Horgan, that the
nomina'cions be closed. �
Motion carried, �;-0
Moved b�r Comm. Prolich, seconded by Comm. Buthenuth, �hat
a white ballot be cas�C for Comm. Hirshon.
AYES: Comm, Bryson, Buthenuth, Hor�;an, Frolich
NAYS: None
ABSTAINED:Comm. Hirshon
l��otion carried, �4-0
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YC-R12 P1�nriing Commission Nz'inutea of Jurie �7, 1�56
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Moved by Con�m. Hor�an, seconded by Comm. Fr�olich, to elect
Comm. Buth�nuzll to the office of V�ce Ch�.irrnan
AYES: Comm. Bryson, Hor�an, Frolich, Hirshon
NAYS: None
ABSTAINED: Comm. Buthenuth
Motion carried, 1 i --0
IV 1�NNOUNCEMENTS OF POSTPONh e'cc.
A. Chairman Hirshon read a letter from Mr. Coppola,
dated June 2LI�i�, requesting an e�.tension of two weeks
for his second hearing.
So moved b,y Comm. �'+'rolich, sPconded by Comm. Horgan.
AY�S: Comm. Bryson, Buthenu�h, Hor��an, Frolich, Hirsnon
NAYSo None
Mo�cion carried, r-0
V �Jt�ITTEN COA'ITiUNICATIONS
81,005 A. CCUT�TY PLANNING DEPARTMENT: RezoninJ from A to �1-2
of I�oman CatY?olic Church property north of Permanente
�oad alon� I'ermanenf;e Creek (for rock processin� plant.)
The Plannirl� Director expla�ned this is the operation for
which there wa.s a Use Permit a�plicai,ion before the Planning
Commission,f.or loca'cion on Stevens Canyon R�a�l near the dam.
This application uias withdrawn. The notiv proposed locai;ion
is in the Coun�y area, so the presen� applicatz.on is 'co
'che County Plannint�• Coinmission, whi�h has asked Cupertino's
Plannin�; Cornr�ission for their opinion.
Mr. Bill Downin�, I{aiser Sand and Gravel, Oakland, read a
letter explaining the reasan for this application, t�vhich
will come before the County Planninf; Commission on Jtlly 6.
Th� Plannin� Dir�ctor did not believe tll�s would create a
traffic problem. The loca�ion is a 1i�ctle more exposed
than the previous location, bu� is exposed more to the
Catholic Seminary than to areas witilin Cupertirio or areas
which mi�ht be annexed for developmeni,.
P�Irs. Ann An�er, 10185 Empire Avenue, asked that since this
is Church properi,y and thus tax exempt, who pays all the
bae�c taxes while i;h�.s was helc� for speeulation. Cha
Hirshon said tlzis vaould be a matter for her to checlti with
the Internal Revenue Service.
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PC �R12 Flanr.a_r.�g Cnmmissic�n� i�Iinutes� of Jur? �; ,
Nlovecl by Comm, Frolich, seconded b�T Co�;�m, Nor�a�1, to in-
Struct the stai f'co inform i,he Count� that t�ze Plannin�;
Commission has no objections to this applicatior..
AYES: Comm. Bryson, Buthenuth, Frolich, Hoi�gan, H�� rshon
NAYS ; I�'one
Motion carried, 5-0
VI VERBAL COMMUNICATIONS
6-U-66 A. Mr. Reynold M. UTatson, 1260 Ulindimer Drive, Los Altos,
reques�;ed a study session wi'ch zhe Plannin� Commission
for the purpose of ob'cainin�; the Planning Commission's
' receptiveness to an automotiv� cen�cer bein� developed
on the commercial propert;.� on Saich ?�:jay, next to
Gemco.
The Ci'c�r A�ci;orney said 'chis would k�e a proper matter to
refer to the staf� . Unless i� is 'che mat�Cer before the
Plannin� Co��nmission, duly advertised, etc., it would not
be in order to discuss �.t, nor ta �;ive opinions.
Th� P�annin� Director said the car vrash port�.on would
defini�ely need a Use Permit, After the decision handed
down by the CiLy Council at their las meeting, it would
�.ppear a Use Permit would not be needed for the tire shop.
After discussion, it was surmised 'cha� the Council's
decision applied i,o a particular shop on Stevens Cree?;
Blvd .; i,he reason be:in� 'chat that shop was an extension
of an already exis'cing tire shop.
8i 3 O37 B. The Assistant Planner had attended �he San Jose City
Council's �_ast meeting and made a report on i�.
The Assistant Planner said the joint County of Santa C1ara-
City of San Jose Planning Committee vai]_1 discuss zonin� of
prope�ties adjacent ta De Anza Coll��e at a mee�in� ai.
'che San Jose Ci��r Hall at 2:30 P,M, on Jur�e 30th. Tlie
Cupertino PlanninL, Commissioners were 3.nvited Lo attend.
The Plannin� Direc�or will attex�d.
San Jose is preparin� a master plan for.the TnTest Valley
area. It tiai11 '�a��e one �ear, anc� they intend to beUin
immediately. The Planning Director pointed out tha� the
Board of Supervisors' rezonin�; was �ust for the ccrner �ot
at Stellin� and McClellan. Comm. Frolich said. that 'chree
of those corners are in Cupertino; perizaps someone should
inform the Poard of Supervisors of L fact,
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PC-R12 �Ia:nni.ng Com� :�iss�.on l�7inutes of July 27th
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P�IINUTE OI�.DER: Moved by Ccr�m. Frolich, seconded by Comm. Hor�;an, 'co
ask �he City Council to acqt the Boar.d oi Super
visors vaizn the fact that three of the corners of
Stellin�; and P�cClellan are under the jurisdiction
of tl�e Ci�f of Cuper'cino.
AYES: Cor;�m. Bryson, Bu�hernzth, Frolich, Hor�;an, Hirshon
NAYS: Nonz
Motion carried, 5-0
VII HEARINGS SCH�DULED:
7-V-66 A. COPPOLA'S PIZZA PARLOR: Variance �o determine if three
existin� signs l� sq, f�, in excess of square foo��age
allowed by Orc�inance may remain - 10�!00 S. Sarato�,a-
Sunnyvale Road. Second Hearin� con�inued.
Con�inued until July ll�h, upon request of applicant.
S-Z-G6 B. FRANKI,IN-ti^1INPSOR DE�TELOPA'I�NT C0. (FRANI�LTN-BAHL) s
Rezoning from R1--7.5 to Administra'cive and Professional
Office (OA) Zone, Lot l, Trac� 2551, approx. 500 feet
�ast oi' corner of SaratoUa-Sunnyvale road and Bollin�er
road. S�cond Hcarin� continued,
Mr. David Franl.lin, 2383 Prunerid�e, Santa Clara, said this
lot does not lend itself to R-l. The professional buildin�
proposed for �his lot will be 1�50 sq, ft. The tti�lo R-1
nei�hbors adjacent to this have �iven 'cheir consent.
There are duplexes to the west of this property and com-
mercial and apartments across the s'creet, He said the
Planning staff has recommended this pro�osal. Fur�her,
�the zoning Ueing asl�ed for was specifically set up for
this type ol" situation,
�1'he Plannin� Director said he has recommended approval of
this applicaf�2on on the basis 'chat it is the least unsuit-
able use for 'chis propertJ, loca�ed on the heavily �ravelled
Bollinger Road . If passed, he recomlaended that t�nro con-
ditions be placed on the rezonin�: 1) There shoulc� be
sufficient screenin� between i,his and a�jacent proper�ies,
to the satisfaction of the H--Control and 2) The builc�in�
should be one si,ory, no� to exeeed 16' in height,
Mr. Bill Timbers, 203t!3 Gilli.ck Way, Cupertino, noted tha'c
�he lot is noU�r cleaned up; a1so, tl�la�, B:i11. Coyle of the ti�iest
Valley Homeowners' Assoc, was present a��d stated th�y are
�rying to leeep Bollinger R1 in characzer. Mr. Timbers and
others on Gi11ic�: �Tay hope a precedent won't be se� nere.
Their real fear is what wil� happen to the vacant lots
further east. They are concerned tha'c there Uaill be lack of
control once this developer has the rezonin;. They also
feel a home l�uilt on that loz could be sold.
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P�-R12 Planning Cornmission Ninutes of June 27 1966
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Mr. Jack Burn�;artn�r, 20352 Gillicli ti^Ja�r, as�ced if 'ch� peopl.e
who signed �che petition in favor of �he rezoning wer�
perhaps mor� concerned about getting the weeds taken care
of than any�hinr; else, Nfr, Franklin saic� th�y felt tYiis
development would be good for the nei;r�zborhood. Mr.
Bum�artner 'chen asked what this does to the proper�;� of
Mr. Horne, across the street,-who warits to have a real
estate office in his home. CYl�,irrnan Hirshon said we have
a Home Gccupations Ordinance which mus'c be met. Also,
�hat matter is not be£ore us this evenin�.
Mr. Art P1anlcenLOn, 20388 Clifden tday, voiced his protest
a�ainst this rezoning, basin� his objection mainly on the
parkin� situation. He was told there will be 10 parl:inb
spaces on �his lot. There will probably be one or two
offices .
Mr. Jim Sma17., 1�872 Merritt Drive, Cupertino, said i'c is
extremel.y hard 'co sell homes on stree�s like Bol.lin�er,
Illaney, etc. He likened it to Forest Avenue in Santa
Clara, near Valley Fair Sho�ping C�nter, Mr. Randy Hicks,
20305 G:illicl� Z�1ay, said there is no evic�ence that Franklin-
Bahl have been �rying to sell this prop�rty. Juani�a
McLaren, 1Q101 N. Blaney Avenue, said that since the City
Council suppor�s the Bollinger extension to Stellin�, i'c
would be detrimen'cal to put a home on 'chis lot.
Comm. Frolich said that one purpose of the OA Zone is to
separate one t�pe use from another, Lookin� specifically
at the lo� now under corlsiderai�ion, he asked if it maltes
sense to go from commercial to R2 to office building and
then to homes again. Also, this is not very far from �he
Town Center in which there is much office spa.ce. It is
perhaps germane to censider what would happen to this
office buildin� if they were unable to find tenants ior
it, ti�Tould �here'then be a hardship basis for brantinu of
variances if t his buildin� can't be leased as an off�ce?
Chairman Hirshon asked Mr. Timbers, assuming the other lo'c�
would no'c uet rezoning, what would his opinion be on �his
particular lot, Mr. Timbers said he, personally, wot�ld
not be as concerned, but he also f�els that any zonin�
other than Rl in t�he whole area v��oulcl de ;r«de the area .
Moved by Comm. Frolich, seconded by Corn►n. Br�rson, to
close the Pt.tblic Hearings ,
Motion carried, 5-0
Chairman Hirshon said he sympathizes with the neighbors on
Gillick Way, wanting to maintain the residential character
of the nei`hborhood. But we are now on a road tha.t has
changed from semi-residential to a bL?sy thorough�'are. He
is concerned about any children tha'c mi�ht live in a l�ome
built here.
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PC-R12 P�ann3ng Commission Minutes of JL?ne �T 1966
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Chairrnan Hirshon said profess:�onal offices tn�ould be �cl�e least
hazardous, He said this does not meai� he would vot� for
OA on ano�i��er lot on Bollin�er; this decision is strictly
based on this particular locale.
Moved by e.omm, Bryson, seconded by Mr. Bu�henuth, to recom-
mend approval o� application 5-Z-66, subject to the 12
s�andard condi�ions and subject to condition 13) Sufficient
screenin� be�ween �h3.s and adjacen� properties to tne
satisfaction of the H-Control and 1!!j The building �o be
one-story, not to exceed 16' in height.
AYES: Comm, Bryson, Bu�henu�h, Hirshon
NAYS: Comm. Frolich, Horgan
Motion carri�ct, 3-2
Chairman Hirshon told the audience this application Vaould
appear before the City Council on Ju1�T 18th,
Chairman Hirshon called for a recess a� 9:00 P.M. PZeeting
reconvened at 9:I0 P.M.
6-Z- C. BEAULIEU ESTATE (Jac�c S, and Edward F. Euphrat�� e
Rezonin� from Rl-l0ag �o General Commercial (CG)
Zone; 12.� acres SW corner St�vens Creek Blvd. &
Stellin� Road. First Hearing continued.
Tne Plannin� Director referred to his memo of June 2�
(attached as Appendi:� A to these l�7inu�.�s) . He emphasized
that the su�;ested "Cu1'cural Commercial Center" is in-
vesti�ated as one possibility of several; the feasibility
of it could be es'cablished on1J by ftir�cher study. He
mentioned that since he wrote the memo, he had learned
tha� students anc? facult�� members could order any items
from the College Co-op, alsa items not connected with
colle�e activities; accordingly �hey miuht not be Iilcely
customers in t�.ze nearby center.
Chairman Hirshon read the June 16�h 1et from Dr. ICnight,
Superintendeni, of Cupertino School District, 3.n regard to
a citi2en's sug�estion for the CountJ Library �o:in� on
this property. The Board of Education is not against
commercial. zoning and not against a CoLint� L:Lhrary �,oing
in there.
NIr. George Farrier, 257 N. Market S�ree'c, San Jose, County
Librarian, said tilat from the County Library's stanc�point,
Cupertino's branch needs larger quar�ers, The Covni,y
Library serves San Jose, Sunnyvale, Cupertino and Llnir.-
corporated areas.
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PC-R12 Planning Cominission Minutes of June 27 Zg66
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P�Ir. Farrier said the County Library has been considering
the ti�est Valley Area as the best area ior the County
Library Buildinm, �ut finances are a considerable problem.
A bond would have to be passed and i� would cost people
in other areas money For vahich they would get no benefit.
There are twelve developers in the Cupertino ar�a that are
interested in building this building and Ieasing iz to
the County Library. A survey of library needs in this
area is bein� conducted and should be compl�ted by the
end of August. The branch librarJ ti�aill need 10,000 to
15,000 sq, ft. The headquarters tvi11 need 50,000 to
60,000 sq. ft. Mr. Farrier offered to meet with Mr.
�uphrat and a Foothill Colle�e representative to discuss
this.
Mr. Jac�c �uphrat, 801 Welch Road, Ather�on, f eels this
would be a good use of the property, but it would involve
only three of the twelve acres. He does not want to
abandon his request for commercial zoning, but realizes
that commercial zonin; with no control ti�aould. not be �ood,
He v�ants to �;o on record that he would wish to arrive a�
a new l�ind of zonin�, not now in existance, with bo'ciz
maximum lacitude and maximum control over which tYle Colleg�
and the Ci�y c6uld axercise reasonable contral.
Dr, Calvin Flint, Superintendent of Foothill College
Distric'c, said he would be delighted �o have a Count�r
Libr�,ry in �l�is loca�ion. He feels a publa.c readin�� room
would be compa'cible wi�;h the Co11e�e. A controlled zonin�
should be ins'cii,uted. They ti�ant tYie Colle�e Board of
Tr us�cees to have a con�rol alon� with the City and the
Planning Commission, so tha�C wlza�tever is built in that
area would be compatibl� with the academic charac�er oi
�he area, and �the architecture compatible wi�Ch the Colle�e.
Comm. Hor�;an asl�ed Dr, Flint if he mean�c anythin� specific
in "making the Co11e�e hav� control"'. Dr. Flin'c said there
might be tne possibility of placing a deed restriction on
the propert�y. There would have to be an indication 'co
t,he Plannin� Commission Uahether the Trustees feel a
particular use is compatiUl� with �he College, architec-
turally and academically. -
Chairrnan Hirshon asl�ed Mr. Euphrat what the immediate
need for rezonin� is, since he is in no hurry to develop
the proper'cy. Mr. Euphrat said he ran into a difficult
situation. He so3d the Colle�e proper'c,y for $13,500 per
acre, althou�h i� had been appraised for �17,500. He then
said a CLiperi,ino real'cor apprai.sed it for �60, 000, bu'c
through 1,iti�ation, the appraisal vaas reduced to �25,000
per 'acre. Tlzis propert� i�s held in trust for his ancl his
brother's children. Also, , he recentl�r lost his motlzer �nd
he is involved in more lit;igation.
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PC-R12 Plann�ng Cornmission Nlinutes of Jurze 27, 1 966
Mr. Euphrat said he won't k�ep the property inc�efinii;ely,
and he wants a �uarantee that it wi11 be dev�loped in
the best possible way for the Co11e�e's benefit.
The Planning Directoz° said he wo�ld like time to look in�o
the possibility of various zonings here with the applicant,
Comm. Frolich said that if at least part of this property
could be considered by the County Library System, and as
they won't have completed their survey for 2 or 3 months,
would the applicant have strong objections if he pro-
posed that the staff research the possibility of a new
kind of zoning. He is reluctant to either go along with
or deny the commercial zoning. Comm. Horgan feels some
progress should be indicated here. Mr. Euphrat requested
a representative of Dr. Flint's staff be included in any
conferences with the Planning Department.
Moved by Comm. Frolich, secor�ded by Comm. Buthenuth,
that the ma��er be coritinued until the second regular
meeting i.n Ju�_y (July 25th j.
AS.�ES: Comm. B��yson, Euthenuth, Frolich, Horgan, Hirshon
P3f�YS : Plone
Motion carried, 5-0
VTII UNFINISHED BUSIN�'SS
5- TM-66 A. JOHN E. SAICH (WATSGN 8c ASSOCIATES): Revision of
previously approved Tentative Ma�p.
The Assistan� Planner sa�d the applicant would like to
shift the lot line between lots�7. and 2, from 250' north
of Stevens Creek Blvd, to 525' north of Stevens Cree�,
Blvd. Lot 2 was previously the lar�er lot, This revision
will have no effect on the street improvements.
The City At�orney advised 3t should be integrated with
a Resolution Number.
Moved by Comm. Horgan, seconded by Comm. Frolich, to
approve the above revision to S- TM-66 .
AYES: Comm, Bryson, Buthenuth, Frolich, Horgan, fiirshon
NAYS: None
Motion carried, 5-0
IX NEW BUSINESS
81,021 A. STATE HIGHTnIAY DIVISION:� County Variance for under-
sized R1-10 lot at SW corner of Homestead Road and
Maxine Avenue.
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YC•-R.12 Plann�.ng Commission Niinutes of Ju.ne 2(, 19�6
The Planning Director said that there is no app�.ication
or referral in this case, but a referral on shor� notice
might be expected, and he would like 'co have a Minute
Order reflecting the Planni.ng Commission's opinion. The
lot, located in the County area, is a l�ft-over from the
freeway construction. The State has indicated that the
lot will be put up for sale, and that the County mi�;ht
not object to Variance for a lot area slightly less than
10,000 sq, ft. A statement that the Cupertino Plannin;
Commission does not object might facilitate a possible
annexation.
Moved by Comm, Frolich, seconded by Comm. Hor�an, to
instruct the st�ff to inform the County that the Cupertino
Planning Commission has no objection to a possible County
Variance for a lot area less than 10,400 sq, ft.
AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon
NAYS: None
I�Iotion carried, 5-0
8Q,002.7 B. LEAGUE OI' CALIFORNIA CITIES' CONVENTION SCHEDUL.�
Reservations should be made as soon as possible. Any
suggestions for items to be added to the agenda must
be in by July 1st.
81,00� C. REVISION OF ZQNING CRDINANCES. Memo has been distri-
butied to the Planning Commission.
81,002 D. ROUGH POPULATION ESTIMATE. Memo has been distributed
to the Planning Commission.
80,002.02 E. PLANNING COMMISSION ADDRESS LIST. The Plannj_ng Com-
mission approved that office addresses and �elephone
numbers are to be included,
80,002.02 F. SYSTEM OF LOOSE LEAF NOTEBOOKS. The Planning Commis-
sion elected Lo stay with the present system.
81, 00� G. SIGN ORDINAIJCE STI�TDY SESSION. MPet3.ng is set for 8 PM,
Wednesday, June 29th, in the Building Department Office.
X ADJOURNMENT
Moved by Comm. Bu�henuth, seconded by Comm. Bryson, to
ad�journ the mee�ing at 10:15 P.M.
APPROVED:
ATTEST:
��1� G� �,r ���M
de aurin /s/ Jack Hirshon
Director of Planning �� airman
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PC-R12 .�ppendix A to tll� 7'� c �mmis�ion Minute of eTune 2`( � t9 ��
--------- - - — -�°�,:.
M�IO : June 2L! , 1966
T0: The Honorable Chairman and Members of the
Plannin� Commission
FROM: Adde Laurin, Director of Planning
SUBJECT: REZONING 4F BEAULIEIT ESTATE AT SW CORNER OF STEVENS
CREEK BLVD. Ar1D STELLING ROAD (JACK S. AND EDWARD
, F' .' EU PHRAT )
The establishment in Cupertino of De Anza Colle�e is likely to be
very important for the future of'the City. It will mean an influx
of i'aculty members, their families, and other people, who will not
only strengthen the economy of the City, but also widen the sphere
of cul�ural activities. �
It is established as a policy of the Ci.ty to exercise the utmost
care when rezoning areas adjacent to or near the College, in order
to prevent functionally and aesthetically incompatible, detrimental
or indifferent u�es. This policy should a3so have a positive com-
plemen'c. The milieu cr�ated by the College �ives us the chance �o
establish highly desirable uses, which nor°mally are impossible in
a sLlburban comrnunity.
It seems that the posi�ion of the applican'c is ambiguous. On one
hand, he stated durin� the hearing June 13 thaL he wished to have
his property st�^ictly controlled by the College and the City, for
uses compatible with the College. On the other hand, the applica--
tion is fo» General Commercial (CG), the next least restricted use
ir_ Cupertino. (The least restricted is Light Industrial (ML);
Industrial Park (MP} is more restricted than CG.) CG seems also
the use least compatible taith the College except ML.
The purpose of restric�ing the uses to those compatible wi�h the
College could be achieved by deed restrictions, or rezoning to
another zone with condi�ions attached, or both.
I have investigated the consequences of rezoning to various other
zones. I have also suggested a devel.opment which, I believe, would
be very desirable and also unique in this Count�r, Such a develop-
ment is possible only with active City plannin� and, of course,
consent of the propert�T otivner.
GEPI�RAL COMMERCIAL ZONING
The zoning applied for is General Commercial (CG). This is the
same zoning as alon; Stevens Creek Blvd, from Stelling Road i;o San
Jose. This strip commercial is the typical result of CG �onin�.
� There are practical as well as aesthetic objections to such
rezoning of the Beaulieu propert,y.
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Appendix A, Planning Commission Minutes of 6/27/66 ccntinued
Most �merican cities have overzoned commercial a.r.eas, und there
is no indication that Cupertirio would be an exception. (Accurate
fi�ures wi11 be available this fall througlz the Land Use Inventory
conducted by the County Planning Department.) Addition to com-
mercial zoning will then result in additional weed lots; the rezoned
area may be developed, but another commercia� area colrespondin�ly
left vacant. As commercial development usually is scattered, it
is mostly impossible to rezone vac�nt areas to residential.
Location in strip commercial of businesses which properly would
belong in the City's downtown,will delay or mal�e impossible the
establishment of a downtown. �
The system of strip commercial along ma�or highways is one of' the
main causes of the rapid deterioration of our cities, and the hi�h
cost of livin� in them. It also results in drabness at best,
ugliness at worst.
A land owner can, of course, abstain frcm usin� th� zonin� granted
him, and develop something better. Or the City may attach such
conditions to the rezoriing that a better quality than normal for
t�1e zone is secured, The reasons wh� the f irst is unlikely and
the second difficult are stated at the end of the section
"Planned Development (P) Zone."
OTHER PGSSIBLE ZONING
Residential (R1, R2, R3, R1C, R2C or R3C Zone)
It has been put forward that residential zonin�, or at least Rl,
is no� suitable near a college. The reason is not clear to me.
One suggestion is that rovadyism by students in the neighborhood
of the college cannot be controlled; I think 'chis belief is an
�.n,�ustice to the students. However, a valid objection against
R3, particularly R3-2.2, is that the high density does not
allow enough space for children (except in a high-rise develop-
men�), so they would use the college area as a playground.
An uncontrolled R1, R2 or R3 zone may or may noi: be a drab tract.
It is possible, however, to ensure quality by attachin� condi-
tions to a rezoning, particularly requirin� a development plan.
Still better would be rezoning to R1C, R2C or R3C, or preferal�ly
a combination of such zones. Cluster developm�nt has many func-
tional and aestheLic advantages. There are indications that a
sizable part of the American public would appreciate, if offered
to them, the combination of privacy in patios and openness of
common area typical of a cluster, whether consisting of one-family
houses, duplexes or apartment houses, or a mixture of them. It
may be 'chat the academic community of De Anza C�511ege would
appreciate it even more �han the average public, '
While I can see no objection to a well-planned : residen�ial develop-
��nent, I�o not mean that it necessarily �.s the best land use.
_2_
Appendix A, Planning Comm3_ssion Minutes of 6j27/66, continued
Administrative and Professional Of�ices (OA or OP Zone)
There are only two small OA zones within Cupertino, one undeveloped
and one occupied b,y a hospital, so�there is no experience of this
zoning. Most offices are located in a CG zone.
The "Town Center" is an OA use within a Planned Development (P)
Zone. The architecture is pleasant, while some objections can be
raised against the �eneral layout.
An Administrative and Professional Off ice development may be drab
or not, depending on the overall planning, A Planned Office Zoning
(OP) gives more flexibility for design, a.nd the City can exercise
more control of the quality.
The main ob�ec�ion a�ainst Administrative and Professional Offices
is that such uses have no organic connection with the College and
would belong in the Gity's downtown, if a dovantown could be created.
However., the second ob�ection does not apply to a main or regional
office for a big corpora�ion, occupying the en�ire area.
Pl.anned Ir�dustr�_al P�.rk (MP Zone )
A Research-and-Development industry �oes not seem incompatible
with the College, p�..ri,icularly not if it is funetionally connected.
It seems, however, that a location west of the Colle�;e would be
preferable. The 1�P zoning leaves the City fairly good control of
the quality. Again, this use may be considered acceptable, but no�
necessarily the bes'c.
Pl,lhlic Building (BA) or Quasi-Public Building (BQ) Zone. �
Pu�lic buildings should not be scattered over �he City, but be
part of the Civic Center where City Hal1 is now being built.
The Beaulieu property has been mentioned as a�ood location for
the proposed County Branch Library. It certainly would be compat--
ible with the Colleee and the "Cul�;ura1-Commercial Cent�r" sug-
gested below, but such a location would diminish the Civic Center.
There is another reason: In the future, a second library *,aould no
doubt be needed. Well balanced locations would be the Civic Center
and the proposed "secondary downtown" for the western half of the
City, still possible at the N�l corner of Stevens Creek Blvd. and
Foothil.l Blvd.
Quasi-public buildings, such as a hospital or a church community
center, seem compatible with the location,
I Planned Development (P) 2one
A"P" Zone is a blanket zone. It may contain 1, 2 or more areas fol
uses compatible with any o�her zones, and a par'cicular use may be
� located on several areas within the zone; howeves, there does not
have to be more 'chan 1 use. Development standards are flexible.
-3-
�1p�er�d�X A, Y1an:riln� C�mmission Minutes of C� 27j66, continuea
--__------------------------------------------------•-----------------
P Zoning in itse�.f does not �uarantee good plarining or qu�.lity of
the dev�lopment. �rithou�; conditions, the zonine may result in
nothing but, for instance, strip commercial and dr�ab high-density
apar'cments. However, condi'cions to the rezoning, combined with
a judicious application of the required Use Permit procedure,
can put teeth in the Ordinance.
Actuall,y, Ordinance 220(f) makes it possibl.e to attach conditions
to rezoning to any zone in the City. This procedure is new, how-
ever, and has been a�plied only once, to a very limited exten�c.
Condi'cions to a P zoning are on the other hand customary. Apart
from procedure reasons, a P zoning may be appropriate, because
the in�ended use does not conform exactly w�th any other zone.
�l� his would be the case for the suggested "Cultural-Commercial"
development,
It should be Pmphasized, that conditions in any zone, P or other,
should be made at the rezoning sta�;e. Zonin� conditions at�ached
at the Tentative Map or H-Control stage do not work; and if they
did, they would be unfair to the developer. He would, ,�ustly,
say: "I paid a price for this 1and, which can be ,�ustified only
by a h3.gh-density and 1ow-qualit4l developmen�; ." (He will not
use the word "low-qua3ity", of course, but this is what it amounts
to.) The less restr�.cted the zon�.ng, the higher price for �he
land, qui_te naturally. Land zoned R3 fetches mor� than R1,
Commerci�.1 more 'chan Residential, and land with a Use Permit for
a gas station most of all.
Agricultur.al (A) Zonin�
The applicant has indicated that he did not intend to sell or
develop the area for several years, but that th� tax situation
may force him to action. I1� may be in his interes� to investi-
gate the tax situation that would result from an A Zonin�; (Re-
s�ric�ed Agricultural; Greenbelt}, v�ihich would �ceep the land in
abeyance for ten years.
SUGGESTED"CULTURAL-COMMERCIAL CENTER"
Certain commercial uses with cultural connotations are squeezed
out of a suburban community, because tY�ey appeal onl�r to a part
of the population, and th�re are never enough of such people
concentrated in on� area to support them.: A t�rpi�81 such enter-
prise is a bookstore. �
It is one theory, tha� such uses are possible only as close
nei�hbors or accessorie.s to day-to-day commercial stores. It
seems to me, that this theory does not wor�c. The selection of
books offered in depar�ment stores, stationery stores and drug
stores, is pitiful.
,. L! -
Appendix .A, Planning Commi��sior� l�Zinutes of 6/27/66, continued
-----------------------------------------------------------------------
I submit, that man�r such uses can exist only in special area, where
thev are concentrated so they support each o�her, and where �hey
are protected from intrusion of incompatible commercial uses. On
the o�her hand, the.y can be supported by shops for certain personal
services. But a use such as a supermarket, from which people carry
merchandise direct �o their cars, destroys the unity and coh�sion
of the project. �
A pedes�riar� plaza is a must, so people can windowshop and compare
prices and qualities. Parking must be visua�ly separated from the
plaza, and be arran�ed so it does not split the pedestrian area
or stretch it too much in one direction,
Uses s�ach as books'cores, art shops, ete., are of course primary,
and supporting strictly commercial uses must be permitted on�.y to
the extent that they do not expand �he center beyond pedes�rian
distances. Cornpetition should be guaranteed bJ establishin� more
shops of the same kind, except in cases wher� there clearly rr�ould
not be enough customers to support more than one shop. Before
establishing the zone, a market analysis is necessary, much more
'chorough than �he usual l�ind .
Strict controls are necessary, not only when establishing a use,
but also to maintain it, and prevent chan�es �o incompatible uses.
It may be necessary to retain the ownership of i,he projAct in one
hand, and lease the shops,
Attached is an example of a develo'pment plan incorporating the
above ideas. Because the Beaul�.eu property is too small for i,he
sug�ested purpose, the plan includes an area across Stevens Creek
�31vd. Ttiao alternatives are presented, of wh:icl� "A" is by far
preferable. Trey incorpora�e certain elements for aesthetic designs
mentioned in my memo "Aesthetics in City Planning." If the�re i.s
further interest in i;he plan, Y will expand on it at a later date
The plan is of course only an 3.11ustration of. an idea, not a
finished or even half-finished developmen� plan, To make a real
plan would take much rnor� 'cime and th� teamworlc of several experts.
It should be noted tha� a development plan required as a par�: of
conditions for rezoning does not have to have '�he details of a
finished project, and �;hat it can be revised from time Lo time
throu�h applica'cion to the Plannin� Commission.
The reason for locating the suggested "Cultural-Commercial Center"
near De Anza Colle;e is of course not to attract 'che students, who
have book stores, cafeterias, etc „ for their own use within the
campus, and vuho would not have the money or perhaps not the inclina-
tion :E'or some of the sug�ested uses in the "Center." The custom�rs
the "Center" primarilj* would aim towards are the faculty and adul�
� a'ctendants of evening courses. Pedestrian connnection is important,
othert�ise the reason for the location would be lost.
_5_
Apx�endex A, P1ar�nin� Commission Mir�utes of. 6/27/66, c�ntinu�:d
------------------_-------------_-_---------------------------____--_
There is one reason a�ainst the sug�ested "Centers" The proposed
uses really belong in area, and to locate them in a
secondary center would make it more difficult to organize a down-
town. However, to revive the down�awn idea (enough people, not
cars, concentrated in one.are�. to assure competition between
merchants, variety of inerchandise and services, possibility for
the public to windowshop and compare prices and qu�lity) would
tal�e very active ci�ty planning. So far, there is no indication
of the emergencc of a cru� downtown in Cupertino, and preseni,
zonin� almost makes one impossible. - If the Beaulieu property
is not developed for a few years, the downtown situation may be
clarified in the meantime.
RECOMMENDATIONS
I� seems that three courses are op�n to the Plannin� Commission:
1. ftecommend rezonin� �o CG, thereby opening up the area for
strip eommercial, I stron�ly recommend a�;ainst this ac�ion,
and submit '�hat this would be one of the most fateful
decisions in the history of the City.
2. Deny the application.
3. Table the application for further investigations, if the
applicant agrees. T�iese investigations should include
zoning and condi'ciors to zoning which may be acceptable 'co
both the applicant and the City, restrict uses ta those
compatible with the College, and promo�e uses which would
be a posil;ive asset to the area and the Ci�cy. The appli-
cation would have 'co be re-advertised wl�en placed on the
agenda again, but should be covered by the previous fee.
A. L.
� -6-