PC Reso 366 " 80, OO�i � 6
Fi1.e : 6--1-bt�
?�ESOLUTION N0 366
OF THE PLAlVNI1�TG COM��IISSIOid 0�' Z'�iE CITY OF CUPERTITIO,
RECOMMENDING THE GRANTING GF A ZONE CHANGE from a R�sidential
Single--F�mily (Rl-l0ag) Zone to a Planned Development (P-ra) Zone
for the follow�_ng uses : General Comniercial (CG� , restricted to
certa.in specified t,ypes of vse; and Public Building �BA) an�/or
Quasi-Public Building (BQ�.
APPLTCANT: Ja.ck S. and Edwa.rd F. Euphrat, Trustees
ADDRESS: 801 Welch Roac;, Palo Alto, California
SUBMITTED: July 25 Zg66
LOCkTIONa SW corner of Stevens Creek Blvd, and Stelling Rd.
ZONE; R1-1Gag AREA: 12.8 acres
FURTHER FINDINGS :
WHERE,'�S, these 12.8 acrzs are actually a part of a Planned Deve1_op-
rnent of approxir:��,tely 100 acres 9 the ma,jor part of which has al-
r2ady been plannea, the Plann.ing Commission finas that the re-
zonin� meets the rzcr,uiremznt of the Planned Development Ordinancz
for a minimum area of 2j a.c�^es.
CONDITIOTdS :
1-12 Standard Conditions (listed on Page 1} to the extent they
apply.
13 All cond� tzons and fincliizgs in Appendix q to this F.esolu�ion
366 of the Planning Comm�ssion oi Cupertino shall apply.
l�- The development shall be functionally and aesthetically com-
patible with De Anza College. It is und2rstodd betvaeen the
Applicant and the City, that � r�presentative or representa-
tives for the Collzg2 will bz consulted. The President of
the Collzge shall b2 notified of any Use Permit application,
of any application for Architectural and Site Con�rol, and
of any intended revision of the Development Plan in regard
to subject propzrty.
15. The dz�ignation of thz Zonz shall be P-ra, and it sh�.11 b2 so
indicatzd on th2 Zvning Map. Ordinance 220(f� of the City of
Cupertino s�l�.11 be amendzd by adding: "ra = Al1 conditions
and finc?ings in Resoa_ution 356, w�_th A�penaix A, vf thz
Planning Commission oi th� City of Cup°r�,ino shall ap��ly",
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R�SOLUTION N0. 366 (continued) ��
PASSED AND ADOFTED this 8th da:� of August, 1.g66 at a regular
meeting of the Planning Commissior, �� the City of Cup�rtino, State of
California, by the following roll call votz:
AYES: Commissioners Bryson, Frolich, Horgan, Hirshon
NAYS: Commissionzr Buthenuth
APPROVED:
/sj Jack T. Hirshon
Chairman
Planning Commission
ATTES T :
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Adde Laurin
Director oi P�annin.g
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CiLy Hali, ' 0�21 So . Sa.rato�;a-Sunn�rva)_e Roud, Cupertino, Cui��.f �, ���(;1'�
9�0-36 �
RES�L�TIi'�T� / OF �i�l�:L PLP.NNl'NG CONi��IISSIOI� OF Ti-�E CIT'? GF �UPLR�'INO I=�yCOr�l�-
MENDII�iG THE GRANTING OF A ZG�"1E CHANG�.
ti�1HLREAS, the attac'ned apNlication ha.s b°en su��!�itted to �h� City o"
Cupertyno requestinU a chan�re of zone in the zoning r��ulations of
the City, as stated on Page �wo; and
tn1HEREAS, the Plannin� Commission has held at least one pu}�lic hearing i.n
��egarc? to 'che appli.cation on the date as noted on said application; and
t�1HLREAS, the Planning Cort�mission has duly considered and r.eard all
evidcn�e submitted in regard to said application; and
ti�IH�R.E��S, the necessary public noLices have '�°�n �iven as required by
�che Zoning Ordi:�ance of th� City of Cupert�no;
NOW, THEREFOHE, BE IT RES�LVED:
l. 7.=hdt the Planning Commission finds that the proposed zone change:
av Encoura�es the most approp.riate use of land,
b. C�izserves and stabilizeu the va�.ue oi pro�ert�T,
c � 1'rovides for adec�u�.te open ��aces for light and air,
do Per.;aits adeuu3te con�:�ol of f�_res,
e. F;�omotes ���ie he�i.�r�., �� f. et� and public welfare,
f. Frovides for the order�y d�velopment oi the Gi�y,
g, Iu advan�ageous to the proper�y and improven,er�ts in the zor�i�z�
dis�crici, a,nd neighborhood in t>>hi_ch the �ro�erty is locat��d e
2, "'hat ��:id Pl�.nn�.n� Con�r��ission, therefore, r°eports favorably to
f;l�e Ci.ty Council i:� the rnatter of �ranting said zone chan�� o
Naid a.pprova.l to be sub j ect to t�e foilcT�in� condi�cions :
F�hi.'oit "B" S :^lhich i� composed of Conditions 1-12 quo�ed below:
�, Tnsta�_�. olnamental sf;reet lights, All lighting shall be designed
to in no t���y �_:�teri er� U�ith ad jacent resident ial d.is �ric �,
2, S �ree�� trees ti�rill be plan�ed in thA public x°� ght-of-v�'�.y and sr:� 11
� be of a. �ype approved by the Cit�T in places desi�nai,ed by the City.
3� Traffic eon�trol signs wi11 be pla�e�.� at location^ to b° spec�f�e�
by the City,
� ZE. Fire h,ydrants s��all be located as recuestEd by the City:,
5. A ma �onry wall will be built separating any comr�ercial ar�:a f_rom
any i�esident�al area; vahich wall shall be si�, feet high above the
highest adjoinin�; finish�d grade.
G, Al1 parkir_� arEa:� and driveways will be paved as chovm on the
plo� plan.
7. Curbs, gutters, side�Jaalks, and �t��uctu��e: sn�.I� b� installed to
grades alzd be constructc:d in accoz�daY�ce T�ith s�andal�ds sp�cifiec!
bv tlze City �ngineer ,
8. Drainage within zn� with�ut th° deve�or�r.ent whall be to the satis-
� i'action of the Ci�cy E�zginzer.
9. Street im�rovEments abutti�;g the applicaiit' s property shal.l ba
acco.rdi��g to City standards and specifications.
10. The applicant shall be responsible for cor�pletin� site a� shotivn or_
approved plot plan and shall be requi��ed to �ay for rec.
� e�,.gine�ring, checking and inspection fees prior tn iss�za.nc� of
Building Permit.
1� , L�r.�scapin� shall be as approved and maint�.ir�ed as shev�n on pl�t i?<�,�� :
12 � SL� eet widening and dedic�� tior�s shall 'ae iiz accordance with stree c
?vinths anproved by City �n.gineer.
�continued on Pa�e 2) ^1_
6-z-66
August 10.� �aS6
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EXHIBIT "A" TO RESOLUTION 366 OF THE PLANNING COMMISSION OF THE
CITY OF CUPERTINO
INTEVT
The primary objective of the rezoning of the Beaulieu property
to a 1.'lanned Development (P) Zone shall be to provide a haven for
activities and sho.�s with a cultural connotation, such as art
supply stores, art exhibitions, art galleries, book stores, dance
and music studios, and theaters; to provide a pedestrian plaza
which may be a focal point for citizens interested in cultural
activities; and to ensure aesthetic qualities above those normally
achieved in a commercial development.
Oth�r stores and sho�;s, profzssional offices and personal services
sha11 be permitted to the extent that they sup�ort rather than
crowd out �he above activities and shops. T'nis excludes certain
types of conunercial enterprises, and necessitates that �hose per-
mitted will noti be too big, and that there will not be so many of
each kirid that areas with exclusive uses are created. A pro1�er
selection shall be secured through the Use Permit procedu�e.
Functional and aesthetic compatibility with De Anza College shal�
i be secured; this shall not necessarily restrict tl�.e development to
one archite�tural style or to a repeti�ion of the architectural
theme of the Callege. Activities and shops shall be geared in
� such direction, that they may appeal to adult students and adu�t
auaiences at cultural activities at the College.
Emphasis should be on luxury items, or buys which are a joyful
� occasion to the customer, and on light-hzarted activities, rather
than on necessities and daily needs.
� Parking areas shall be screened from Stevens Creek �3oulevard and
Stelling Road, in order to avoid the usual drab view from main
strzets. Buildin�s shall be arrangzd or landscaping made to give
thesz streets eit�ler a city-like aspect, wi�h buildin� facades
towards the street, or a parkway characzer.
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EXHIBIT "A" TU r�.arTr* cur��SST�i1 HESnLUTION 366 (continued)
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USES
Criteria
Stores and shops shall bz of a chara,cter that encourages rrrindow
shopping. Variety shall be ensured by limiting the number of
stores of each kind to normally not more than four; and lim=�.tir.g
the size of each store, so th�.t one big store does not crowd out
several sma.11 ones. Competition shall be ensured by providin�
space for at least two stores of each kind, except when there
cle�.rly is no market for more than one. Frontage along the plaza
of each store sh�,ll be restricted in such a way that the pedes-
trian traffic p�,ttern is not broken.
Professional of�ices s�?a.11 bz limited in number and size, and not
necessarily concentrated in one area, The aspect of, for insta�ZCe,
a medical-dental center shall be avoided.
Personal services shall be of a kind that does not need car or
delivery truck transportat�ion by customers.
Restaurants and other eating or drinking places shall be can-
trolled by th� Use.Permit procedure in such a way that they will
not be �, detriment to the environment. Outdoor service on plazas,
p�,tios and roofs will be permitted in combination w3th indoor
service. Bakeries, employing not more than five persons, will be
permitted�as accessory to restaurants a.nd shops.
Criteria for exclusion of uses are; Stores and offices so big
that they endanger the variety of the area; stor�s where customers
carry relatively h�av�T loads to parke� cars, offices wiiE� e cus-
tomers regularly are �caken on field trips, stores requiring heav�'
deliveries, commerci�.l amusement halls oi�her than theaters, auto-
m�obile sales and service and other automobile-oriented business.
The following list of examples of permitted uses does not auto-
matically allow any one of them; the a.bove criteria shall also be
applied. TY�e Plannin.g Commission sha11 consider each separate case
�chrough tYie Use Perrr,it procedure .
In addition, Public and Quasi-Public buildings shall be perm7_tted
to the extent that they, in the opinion of the Planning Com�niss�on, �
do not make the re:na_�.ning ar�a too small for th� purpose st�.ted in
this Appendix A to t,his Resolution . No. 366.
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EXHIBIT "A" TO PLANNING COMNI RF.SnT� 3�6 (continued�
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USES (contiriued)
Examplzs of Permitted Uses
Stor�s and shops for: Apparel, art, art supplies, bijo�xterie,
books, ca,mer�,s, candy, curios (not cost-plus type), dresses, furs,
gifts, haberdashery, interior decorating, jewelry, luggage, men's
clothes, millinery, music, pastry, pharmaceutical products, photo
supply, snoes, stationery, toys, watches.
Professional and related offices: Accounting, advertising bureau,
bank, broker, consulting architects or engineers, cre�it reporting,
dentist, insurance agericy, Notary Public, optometrist, ph�sician,
travel bureau.
Personal services: Barber, beauty parlor, hair stylist, photo
studio, repair of s�ratches and similar sm�l� items, shoe repair,
tailor.
Restaurants, including ice-cream parlor patisserie, soda fountain.
Art exhibiticn, dance studio, exhibition hall, Iibrary (private
lending), lodge or club (limited membership), music studio,
theater (legitimate or movie).
Examples of Prohibited Uses
p �lciministrative orfice (large), appliance store or repair, auto-
mobiles (sales, rental or service; including other kinds of
vehicles), billiard or pool par3or, beardin.g homz, bowling alley,
� caterer, commere�al parking, child care center, dance ha1i, day
nursery, delivery service, department store, drive-in bank, drive-in
restaurant, drug store (other than pharmaceutical products), dry
' cleaning, employment agency, food store, gyranasium, hardware stcre,
health club, horrLe equipment rental service, hotel, janitorial service,
launderette, launc7ry and dry cleaning agency, Ioan office, mor'cuary,
motel, poodle parlor, real- es��ate office (except for acrea�e ),
repair of appliances or buszness machines, skat�n� rink, sports
�tore, superm�rket variety store �Woolworth type), vocational or
� �pecialized school.
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6-L-66
August, 1966
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APPENDIX "A" TO PLANNING CONMISSION RESOLUTION 366 (continued)
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STANDIIRDS
Height of Buildin�s and Structures
Height shall be restricted to two stor�.es and 30 feet above the
z�inished grour.d level; except as follows: If a single-1eve1
parking area is covered by a deck, on which buildings and a pedes-
trian plaza is arranged, height may be two stories and 30 feet
above said deck. A legitimate theater, movie theater, or ex-
hibition hall may have the height necessary for good design.
Elevator penthouses, u�ility structures, and necessa:�y mechanical
appur��enances cor_st:cL�eted on the roof of a building may exceed the
stipulated height; subj��ct to appr�val through the Architectural
and Site Control procec�ure, and subject to restrictions for practical
or aesthetic reasons impcsed through said procedur2.
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Divis in Lots
Arzas set aside for exclusively Public Buildings (BA) or Quasi- �
Public (BQ) use, or for a legitimate theater, or a movie the�,ter,
or an exhibition Yiall may be divided into se�arate lots. All other
General Commercial area shall be contained within one single lot,
which must not be subdiv�ded.
Open Area
At least 70,000 sq. ft. (approximately 12.5/ oi th� total a�ea) �
shall be l�,ndscaped. The amount of landscaped area and pedestra.an
plaza open to the public in general shall be at least l�-0,000 sq, f�.
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Au�ust, '.956
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APPENDIX A TO PLAT�tN1NG COMMI�.SIv1V RESOLUT 366 (continued)
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STAND��RDS (continued)
Open Area (continued�
(approximately 25� of the total area), if pa.rking and plaza are
at ground level; and at least 250,000 sq. ft. (approximately 36/
of the total area), if parking and/or plaza are located on two or
more levels. Pedestrian aisles and passages in parking areas, or
stairways, shall not be included in the computation of the area of
the pedestrian plaza.
Set-Backs
No set-backs from Stevens Creek Boulevard and Stelling Road sha11
be required; but if such set-backs are provided, they shall be
landscaped, except for neczssary pedestrian or vehicular accesses,
to the satisfaction of the Architectural and Site Control Committee.
Parkin.g or internal driveways, except for direct access from streets,
shall be separated from Stevens Creek Boulevard and StElling Road
by buildings, ca�,lls, solid fences or a landscaped area at least �0
feet wide and with screening vegetation.
Set-backs between buildings or constructions and the property line
of De �lnza College shall be at least 40 feet. There shall be a
wall or solid fence along the property line, located off the college
property; the height, material and design to be to the satisfaction
of thz Board of Trustees of the college.
Parking and Loading
E
As provided by the Parking Ordinance, 002(g), of the City of
Cupertino. Parking areas shall be visually separated from the
� pedestrian plaza.
� Access
There shall be no more than two openings for vehicular entrance
and/or exit along Stevens Creet� Boulevard and no more than two
along Stelling Road; in locations approved by the Planning Com-
mission. In case median strips be provided in one or both of
said roads, entrance and exit movements shall be through r�ight
� turns, so that no break in the median strip is required.
Buildings and pedestrian plaza shall be so arranged, that the possi-
bility of constructing a convenient pedestrian overpass over Stevens
Creek Boulevard is kevt open, in a location ap�.�x's�ved by tr.e
� Planning Commission.
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6-z-66
;�u,�us 1966
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APPENDIX A TO PLANNING COMMISSIOPr F�LSOLUTION 366 (continued)
STANDI4RDS (continued)
S gns
Signs shall conform with the provisions for Commercial (CG) Zones in
the Sign Ordinance (89, as revised) of the City of Cupertino; except
that all signs shall be subject to approval by the ArchitecturaT and
Site Control Committee.
If stores, shops and offices are oriented towards a central plaz�.,
and back of buildings, walls or fences face 5tevens Creek Boulevarcl
and/or Stelling Road without intervening parking area, permanent signs
with an area in addition to thosz allowed by the Sign Ordinance may be
permittzd on said building surfaces; walls or fences; subject to ap-
proval of the Architectural and S�te Contrdl Committee, and provided
tha�t the signs are part of an ov�erall desi�n which, in the judgment
of said Committee, has a decorative as well as informational function.
rron -advertising decorat�_on on said building surfaces, walls or fences
shall also be subject to approval by the Architectural and Site Control
Cozru�.ttee .
USE PERMIT PROCEDURE
Develo�ment sh�.11 be preceded by the securing of a Use 1'ermit, as pro-
vided in Ordinance 002(0) of the City of Cupertino.
The application for a Use Permit shall be accompanied with a Develop- �
ment Plan for the entire area, including:
a. Plot plan showing location of building or buildings; ti�tith
division into locales to be rented or leased separ.ately, and �
descrip�tion oi' the type of each store, shop or office.
b. Tree planting, landscap�ng and parking plan. �
c. Elevation and tentative architect's drawings of e�,ch
building to be constructed.
d. Market analysis for intended uses.
e. Stages for development, if so desired. Buildings for a
later stage may be shown in less c�etail. In such case,
application for another Use Permit shall be made before
development of la�er stages.
The Planning Commi�sion makes a recommendation to the City Council o�z �
each Use Permit in a P zone, and the City Council grants or denies i�.
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APPEPtDI:� A TO PLANIVING COMMTSSION RE�OLUTIO?�T 366 ( continued )__
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USE PERMIT PROCEDURE (con
A Us2 Permit granted for development of the whol.e or part of the
property described in A�plication 6-Z-6� shall be considered to
b� a Use Permit for each separate lot and for each area to be
leased or rented separately. Such Use Permit may be revoked for
each separate lot or area; in which case the procedur�s set .iorth
in Section 5 of Ordinance 002(0} of the City of Cupertino shall
be followed. Due cause for revocation shall be non-use within
one year of date of approval; or non-compliance with law or
ordinance or conditions to the Use Permit granted; specifically
such change in use or such lack of �naintenance that the use, in
the opinion of the Planning Commission, is no longer compatible
with De Anza College, or does no longer comply with the intent
and conditions se�t forth in Resolution 366, with Appendix A, of
the Planning Commission of the City of Cupertino.
Procedures for revisions of the development plan or of �he use of
separate areas is as follows:
a. In the event tha� the applicant shall desire to make any
change, alteration or amendment in the Development Plan
after it ha,s been approved by the City Council as a con-
dition to this Use Permit, a written request and a revised
Development Plan shall be submitted to the City Planner.
b. If the size and general location of buildings is not in-
creased, and the Cizy Planner ma�ties a finding that the
F changzs are rriinor and do not affect the general appear�nce
of the ar2a or the interests of owners of property within
or adjoining the Development Area, the City Planner may
certify the change on the revised plan. If such approval
is withheld, the applicant may appeal to the Planning
Commission.
c. If changes are material, but the requirements in the Zoning
Ordinance and previously imposed conditions are stil.l adhered
to, and the total floor area of buildings is not increased,
the City Planner shall submit the cha.nge to the Plannin� Com-
mission. If the change is dznied by the Commission, the ap-
plicant may appeal to the C�.ty Council, as prov�ded in
Ordinance 002(a) of the Ci'�y of Cupertino.
d. A change in the Development Plan including change of require-
ments or conditions, or an increase of the total floor are�, of
buildings, shall be processed as a new application for a
Use Permit.
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