12. U-2002-06 modification Tenny TsaiCOMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE - :UPERTINO, CA 95014-3255
(408) 777-3308 -FAX (408) 777-3333
CUPERTINO
SUMMARY
Agenda Item No. ~°~ Meeting Date: April 7, 2009
SUBTECT-
Modification of a Use Permit (file no. U-2002-06) to:
1) Amend the use conditions (for 19,135 sq. ft.) to allow specialized tutorial or studio
uses, and the amount of office/retail uses along South De Anza Boulevard.
2) Assess a shared parking arrangement withuz the parking structure between the
subject commercial spaces and an adjacent office building (Withdrawn. Applicant
could not get a written agreement from the other com,,,ercial parking structure
owner.)
BACKGROUND•
On May 19, 2003, the City Council approved. the Use Permit allowing the construction
of the Villagio mixed-use building at the intersection of South De Anza Boulevard and.
Town Center Lane. A subsequent 2006 use permit modification limited ground floor
general commercial uses as followed:
a) Minimum 50% of the space shall be retail/restaurant spaces. Retail space is defined
as any business that generates 50% of its in-:tore sales receipts from in-store sales of
products. Internet sales do not count toward this figure, although Internet sales are
highly encouraged.
b) Limit financial institutions and other non-retail/restaurant uses to 60% of the De
Anza Blvd. frontage.
c) Minimum 40% of the De Ariza Blvd. frontage must be retail/restaurant; and
d) Vocational and specialized schools, dance and music studios, gymnasiums and
health clubs are prohibited.
1
12 - ~
DISCUSSION-
Applicant Request:
Applicant has been trying to lease its tenant spaces for 1.5 years under the current set of
rules and wants more flexibility to finish leasing its spaces during the current economic
conditions.
The applicant is requesting the following changes to the conditions:
a) (NO Change to condition "a ') Minimum 50% of the space shall be retail/restaurant
spaces ...
b) °
c) ,.,r..-.;.-.- ..._._ nnoi ~c ~ a n.-.,.. ur__.a c..~t a
e
/
t b
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d
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e~e
a
,
-restaurant, an
OR
b) Limit financial institutions and other non-retail/restaurant uses to F8°6 65% of the
De Anza Blvd. frontage,
c) Min;mum 4A~ 35% of the De Anza Blvd. frontage must be retail/restaurant, and
Eliminating use permit provision "d" would allow a martial arts studio/learning center
currently negotiating a lease to occupy a space on Town Center Lane. Eliminating use
permit provisions "b" and "c", would allow future leasing flexibility in the event that
market conditions make it difficult to attract a retail/restaurant use along De Anza
Boulevard. As an alternative, the applicant was willing to accept a more liberal ratio
that would allow 35% retail/restaurant, and 65% other commercial uses (such as offices)
along De Anza Boulevard which has been noted above in the request.
Staff Recommendation:
Staff supported the following changes to the conditions:
a) A minimum of 50% of the s}3aEe building area shall be occupied by retail or
restaurant spaces uses. Retail space is defined as any business that generates 50% of its
in-store sales receipts from in-store sales of products. Internet sales do not count
toward this figure, although internet sales are highly encouraged. Vocational and
~ 2 ?2
~ecialized schools, dance and music studios, and gymnasiums and health clubs are
prohibited from occupying the anchor tenant: spaces located at the building corners.
b) (NO Change to condition 'b") Limit financial institutions ...;
c) (NO Change to condition "c") Minimum 40% of the De Anza Blvd....;
OR change the use ratio in conditions "b" acid "c" as follows
b) Limit financial institutions and other non-~cetail/restaurant uses to 69-°,~ 65% of the
De Anza Blvd. frontage,
c) Minimum 48-°•6 35% of the De Anza Blvd. frontage must be retail/restaurant, and
The building corner tenant spaces provide great visibility for this commercial center
and should be reserved for commercial uses 1=hat provide a high degree of pedestrian
activity. Most specialized schools and studios cater to children and students and are
only active after school and on weekends and can create greater parking impacts for
existing businesses.
Staff recommended against deleting both use permit provisions "b" and "c". The
primary reason is because the original project was presented to the City Council and the
community as a predominant commercial/residential mixed-use project. The main
objectives of the project were to create a gathering place with a central park, retail and
restaurant uses that activated the streetscapes along North De Anza Boulevard and
provide a gateway to Civic Center Plaza . These core objectives have been largely
achieved with the physical improvements and the current commercial tenant mix along
De Anza Blvd. (Amci s Pizzeria and Curry House).
Maintaining a significant amount of retail/restaurant uses that generate pedestrian
activity along the S. De Anza Boulevard frontage is important to attracting customers to
the center and creating/maintaining greater pedestrian activity in the area over the Long
term.
Planning Commission:
Commissioners discussed a range of options, including:
1) Eliminating all restrictions-allowing +~Il General Commercial uses,
2) Relaxing the use ratio along S. De Anza Boulevard (i.e. requiring Less
retail/restaurant street frontage),
~2 33
3) Keeping the ratio on S. De Anza Boulevard, but prohibit schools and studios in
corner tenant spaces.
The Commissioners felt the applicant has been doing a good job leasing the commercial
spaces and would prefer seeing the remairung vacant spaces occupied, rather than
unoccupied, so more leasing flexibility is needed.
Some Commissioners felt the corn**,ercial uses would never be very strong in mixed use
developments set in suburban settings, so restricting the uses was counterproductive.
Other Commissioners felt that the City would not get the uses it wanted and needed
over the long term if it did not require them now, although more use flexibility was
acceptable.
RECOMMENDATION:
On a 4-1 vote (Giefer nay), the Planning Commission recommended approval of staff's
recommendation regarding the modification of use permit provision "a ', deletion of
provision "d" plus the additional deletion of use permit provisions "b", "c," which
required a storefront percentage of 40% of retail or restaurant use on South De Anza
Boulevard (Exhibit A-1). The Pla,,,,;ng Com*-+~;ssion recommendation would allow the
following:
a) A minimum of 50% of the s}~ace building area shall be occupied by retail or
restaurant spaces uses. Retail space is defined as any business that generates 50% of its
in-store sales receipts from in-store sales of products. Internet sales do not count
toward this figure, although internet sales are highly encouraged. Vocational and
specialized schools, dance and music studios. and gymnasiums and health clubs are
prohibited from occupying the anchor tenant spaces located at the building corners.
°
c~144i ur~:4m~~°!-off th e De Anza Bl~ d. frontage must~~reta~' fie -~
Y" ~ ~
12 44
Prepared by: Colin Jung, Senior Planner
Submitted by: Approved by:
Aarti Shrivastava David W. Knapp
Director of Community Development City Manager
Attaclunents
Exhibit A-lc Plann;r,g Comm;ssion Resolution No. 6551
Exhibit B-1: Plann;T,g Commission staff report dated March 24, 2009
H: Groups/PIa,,,,;,,g/PDREPORT/CC/2009/M-2009-01 cc
12 -~
M-2009-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014 ~71C~1jb~t A - ~
RESOLUTION NO. 6551
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT TO CHANGE
A CONDITION OF APPROVAL TO ALLOW 19,135 SQ. FT. OF GENERAL COMMERCIAL
SPACE WITH RESTRICTIONS TO BE USED FOR VOCATIONAL AND SPECIALIZED
SCHOOLS AND STUDIOS
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-01
Applicant: Tenny Tsai (Civic Park Cupertino LLC)
Location: Southeast corner of South De Anza Boulevard and Town Center Lane
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planr,i»g Commission of the City of Cupertino received ail application for
the Modification of a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings oiz this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Modification of the Use Permit are hereby
recommended for approval, subject to the conditions which are enumerated in this Resolution
begiuzning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. M-2009-01,
as set forth in the Minutes of the Planning Commission Meeting of March 24, 2009, and are
incorporated by reference though fully set forth herein.
~z-s
Resolution No. 6551 M-2009-01 March 24, 2009
Page-2-
SECTION III: -CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. REVOCATION OF M-2006-03
Use permit modification, file no. M-2006-03, is hereby revoked and replaced with the
following use permit modification, file no. M-2009-01.
2. CLARIFICATION OF USES ALLOWEL>
General Commercial uses with the following restrictions are allowed in the 19,135 sq.
ft. located at the southeast corner of South De Anza Boulevard and Town Center Lane.
A minimum of 50 % of the buildi~ig area shall be occupied by retail or restaurant
uses. Retail space is defined as :any business that generates 50% of its in-store
sales receipts from in-store sales of products. Internet sales do not count toward
this figure, although Internet sales are highly encouraged. Vocational and
specialized schools, dance and music studios, and gymnasiums and health
clubs are prohibited from occupying the anchor tenant spaces located at the
building corners.
3. BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accornpany any new business license applications
from tenants of the above space attesting that they conform to the above conditions.
PASSED AND ADOPTED this 24th day of March 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of ~~alifornia, by the following roll call vote:
AYES: COMMISSIONERS: Vice-Chair Brophy, Kaneda, Miller, Lee
NOES: COMMISSIONERS: Chairperson Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
/s/Steve Piasecki
Steve Piasecki
Director of Com,-r,unity Development
APPROVED:
/s/Lisa Giefer
Lisa Giefer, Chairperson
Plar,n;ng Commission
12-7
G: \ Planning \ PDREPORT \ RES \ 2009 \ M-2009-OZ res.doc
CITY OF
CIJPERTINO
Exhibit B- ~
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
Application: M-2009-01 Agenda Date: March 24, 2009
Applicant: Tenny Tsai (Civic Park Cupertino LLC)
Owner: Cupertino Villagio Business Square LLC
Property Location: South De Anna Boulevard at Town Center Lane
APPLICATION SUMMARY:
Modification of a Use Permit (U-2002-06) to:
1) Amend the use conditions (for 19,135 sq. ft.) to allow specialized tutorial or studio
uses, and the amount of office/retail uses along South De Anza Boulevard and
Town Center Lane.
2) Assess a shared parking arrangement within the parking structure between the
subject commercial spaces and an adjacent office building.
RECOMMENDATION:
Staff recommends that the Plann;ng Commission recommend approval of the
conditional use permit modification (M-2009-01), eliminating only provision "d" which
currently prohibits to vocational and specialized schools and studios in the ground floor
area of the Villagio building.
BACKGROUND:
On May 19, 2003, the City Council approved the Use Permit for the project at Civic Park
to allow the construction of 123,700 sq. ft. of medical/ professional office space, 141,850
sq. ft. of general office space, two residential buildings totaling 142 units and 19,135 sq.
ft. of retail/restaurant space.
The 19,135 square feet of nonresidential building area is the subject of this permit
modification. It comprises the ground floor space of the Villagio mixed use
development with frontages on South De Anna Boulevard and Town Center Lane.
The original use permit restricted the building area to only retail and restaurant space.
In 2006, the former owner of the building area requested an amendment to the use
permit (file no. M-2006-03) to change the use restriction from retail/restaurant to all
12-8
2
commercial uses allowed in the General G~mmercial (CG) zoning ordinance (Exhibit
A). The City Council granted the request, noting the importance to activate the frontage
on De Anza Boulevard and increase the level of pedestrian/commercial activities in the
area but stipulated that vocational and specialized schools and studios are prohibited.
The 2006 use permit modification was worded as follows (see also Exhibit B):
a) Mirii,-num 50% of the space for retail/restaurant spaces. Retail space is defined as
any business that generates 50% of its in-store sales receipts from in-store sales of
products. Internet sales do not count toward this figure, although internet sales
are highly encouraged.
b) Limit financial institutions and other non-retail/restaurant uses to 60% of the De
Anza Boulevard frontage,
c) Minimum 40% of the De Anza Boulevard frontage must be retail/restaurant,
d) Prohibit vocational and specialized schools, dance and music studios,
gymnasiums and health clubs.
DISCUSSION:
Current Tenancies: The applicant has owned. the tenant spaces since 2007 and has been
diligently trying to lease the vacant spa..es. Current tenants are: Curry House
Restaurant, Amid s Pizzeria on the De An~:a Blvd. frontage; and Red Mango (yogurt
specialty food retailer) and an orthodontist's office (under construction) on the Town
Center Lane frontage.
Applicant Request: The applicant is requesting the deletion of Conditions "b," "c," and
"d" noted above (see also Exhibit C). The af~plicant has a lease proposal from a martial
arts studio/language tutorial center who ceannot locate in the space given restriction
"d." The applicant also seeks future leasing flexibility by eliminating use permit
conditions "b" and "c" which require a minimum 40% presence of retail/restaurant
uses on South De Anza Boulevard.
Staff Recommendations:
Conditio~2 "d": Staff supports deleting condi-lion "d" that prohibits schools and studios
from locating at Villagio. Town Center Lane is not a highly visible or highly traffic
street for commercial businesses that rely on street visibility. Staff also views the
schools and studios as complementary uses that can help drive customer traffic to the
existing, specialty food retailers and restaurants, provided that the schools and studios
not be allowed to occupy the primary anchor spaces (those at the street/building
corners) (See Exhibit D).
Conditio~zs "b" and "c": Staff does not support deleting both conditions "b" and "c,"
which are really the flip sides of the same ~=ondition. The South De Anza Boulevard
commercial frontage provides important visibility for the whole commercial center.
~2-s
Having active, pedestrian-oriented commercial uses on the center's most public face is
important in developing a more vibrant town center area.
Shared Parking Arrangement: The tenancy of this commercial center is already
constrained by parking supply limitations and would benefit from a shazed parking
arrangement with other commercial tenants that use the parking structure. At this time,
the applicant was unable to secure a written agreement sharing parking with the
adjacent office building. Thus, the applicant is withdrawing its request for City review
of a shared parking agreement.
Public Comments: The applicant has received several letters of support for its use
permit modification request (Exhibit E).
ENCLOSURES:
Model Resolution
Exhibit A: City Council Action Letter on M-2006-03 dated Sept. 20, 2009
Exhibit B: General Commercial (CG) Zoning Ordinance
Exhibit C: Applicants revised request letter dated March 9, 2009
Exhibit D: Primary anchor spaces
Exhibit E: Public Comment Letters (4)
Prepared by: Colin Jung, Senior Planner AICP
Approved by: Steve Piasecki, Director of Community Developme
G:planning/I'Dreport,/pcMreports/2009/M-2009-OZ .doc
iz-io
M-2009-01
CITY OF CiJ1'ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLU'T'ION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF ~~N EXISTING USE PERMIT TO CHANGE
A CONDITION OF APPROVAL TO ALLOW "L 9,135 SQ. FT. OF GENERAL COMMERCIAL
SPACE WITH RESTRICTIONS TO BE USEL- FOR VOCATIONAL AND SPECIALIZED
SCHOOLS AND STUDIOS
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-01
Applicant: Tenny Tsai (Civic Park Cupertino LLC)
Location: Southeast corner of South De Anza Boulevard and Town Ceriter Lane
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Plann;ng Commission of the City of Cupertino received an application for
the Modification of a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have -been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Modification of the Use Permit are hereby
recornrnended for approval, subject to the conditions which are enumerated in this Resolution
beginn;ng on Page 2 thereof; and
That the subconclusiorvs upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. M-2009-01,
as set forth in the Minutes of the Plann;ng Corrtmission Meeting of March 24, 2009, and are
incorporated by reference though fully set fortY~ herein.
12 - 11
Resolution No. M-2009-01 March 24, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY TEiE COMMUNITY DEVELOPMENT
DEPT.
1. REVOCATION OF M-2006-03
Use permit modification, file no. M-2006-03, is hereby revoked and replaced with the
following use permit modification, file no. M-2009-O1.
2. CLARIFICATION OF USES ALLOWED
General Commercial uses with the following restrictions are allowed iii the 19,135 sq.
ft. located at the southeast corner of South De Anza Boulevard and Town Center Lane.
a. A mir,;rr,um of 50% of the building area shall be occupied by retail or restaurant
uses. Retail space is defined as any business that generates 50% of its in-store
sales receipts from in-store sales of products. Internet sales do not count toward
this figure, although internet sales are highly encouraged. Vocational and
.specialized schools, dance and music studios, and gymnasiums and health
clubs are prohibited from occupying the anchor tenant spaces located at the
building corners.
b. Limit financial institutions and other non-retail/restaurant uses to 60% or less
of the De Anza Boulevard frontage,
c. A minimum of 40% of the De Anna Boulevard frontage must be retail or
restaurant uses.
3. BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accompany any new business license applications
from tenants of the above space attesting that they conform to the above conditions.
PASSED AND ADOPTED this 24th day of March 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Steve Piasecki
Director of Community Development
APPROVED:
Lisa Giefer, Chairperson
Planning Commission
12 - 12
G:\PZazzzzing\PDREPORT\RES\2009\M-2009-OZ res.doc
Exhibit h1
~~~~ ~
CITY OF
CU~E~ If~l®
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
September 20, 2006
Curtis Leigh
Hunter Properties
20725 Valley Green Drive
Cupertino, CA 95014
Re: Consider Application No. M-2006-03, Curtis Leigh (Cupertino Town Center), Southeast
corner of De Anna Blvd. and Town Center Lane, APN No. 369-40-043: Plaiming
Conunission refen-al to the City Counci]. for'Modification of a Use Permit (U-2002-06)
for 19,135 square feet of retail/restaurazlt space to clarify that general conz>z~ercial uses are
allowed.
Dear Mr. Leigh:
At its September 19, 2006 meeting, the Cupertino City Council approved Application No. M-
2006-03 to modify. use peiznit U-2002-06 to clarify that general comizzercial uses are allo~~~ed.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
CLARIFICATION OF USES ALLOWED
General Corrunercial uses with the following restrictions are allowed in the 19,135 sq. ft.
at 10440 S. De Anza Boulevard.
a. Minimum 50% of the space for retaillrestaurant spaces. Retail space is defined as
any business that generates 50% of ins in-store sales receipts from in-store sales of
products. Internet sales do not count toward this figure, although inteniet sales are highly
encouraged.
b. Limit finazlcial institutions and other non-retaii/restaurant uses to 60% of the De
Anza Boulevard frontage,
c. Minimum 40% of the De Anza Boulevard frontage must be retail/restaurant, and
d. Vocational and specialized schools, dance and music studios, gynzrlasiums and
health clubs are prohibited.
12 - 13
M-2006-03 '' Page 2 q <' September 20, 2006
BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accompany any riew business license applications from
tenants of the above space attesting that they conform to the above conditions.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Conununity Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d)(1), these conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, and other exactions, pursuant to Government Code Section
66020(x), has begun. If you fail to file a protest within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later challenging
such exactions.
Arry interested person, including tlse applicant, prior to seeking judicial review of the city
council's decision in this matter, must first fzie a petition for reconsideration with the city
clerk within ten days after the counciL's decisionz. Arry petitiorz so filed must comply rvitlz
municipal ordinarzce code X2.08.096.
Sincerely:
Grace Sclunidt
Deputy City Cleric
cc: Conununity Development
John McMoiYOw
Cupertino Town Center
1733 Woodside Road, Suite 125
Redwood City, CA 94061
12 - 14
~n~b~t s
CHAPTER 19.56: GENERAL COM14iERCTAT. (CG) ZONES•
Section
19.56.010 Purpose.
19.56.020 Applicability of regulation.
19.56.030 Permitted uses_
19.56.040 Conditional uses.
19.56.050 Excluded uses.
19.56.060 Conditional use permit for new
development.
19.56.070 Land use activity and site
development regulations.
19.56.080 Interpretation by the Plann;ng
Director.
Prior history: amended during 4/94
supplement and by Ords. 1601, 1618, 1630 and
1637.
19_56.010 P~pose.
The purpose of the general co**+**+P**-ia1 zoning district
is to establish regulations for retailing, offices and service
establishment offering goods and services to the general
public which will assure maximum compatibility wiith
surrounding residential areas as well as m;,+;m;~E adverse
traffic impacts resulting from co,,,+.,Prcial development.
(Ord. 1687, Exh. A (part), 1995)
19.56.020 Applicability of Regulation_
No building, structure, or land shall be used, and ao
building or structure shall be erected, structurally altered,
or enlarged in a CG zone, otherwise than is conformance
with the provisions of this chapter and other applicable
provisions of this title. (Ord. 1687, Exh. A (part), 199`7
19.56.030 Permitted Uses.
The following uses shall be permitted is a general
commercial (CG) zoning district subject to the perforrnan~ :e
staadazds contained in Section 19.56.070.
A. Retail businesses, such as, but not limited L~,
food stores (excluding convenience mazkets), drugstores,
apparel shops, variety stores and hardware stores;
B_ Full service restaurants (without separate baz
facilities) where all public eK+**~*+ces face away from
residential zoning districts and where the required customerr
parking is located within close proximity of the entrance az-d
is more than one hundred feet from any residential district;
C. Professional, general, a~**+;*+±~+Tative, business
offices, business services, such as advertising bureaus,
credit reporting, accounting and ~;*++;tar consulting agencies,
stenographic services, and communication equipment
buildings, except that such uses shall not comprise more
than twenty-five percent of the building space is a shopping
center; .
D_ Banks, financial institutions, inc++rance and real
estate agencies, travel agencies, photography, and similar
studios which directly serve the public;
F. Laundry facilities, including self service and full
service operations; and retail dry cleaning estabt;~h**+eats,
provided that the solvents used in the cleaning process shall
not be used or stored in any manner not approved by the
State Fire Marshal and provided the establishment received
approval from the Bay Area Air Quality Management
District. Dry cleaning is limited to items directly delivered
to the establishment by retail customers;
G. Private clubs, lodges, or fraternal orga++»ations
as subordinate uses in buildings intended primarily for other
permitted uses provided for in this section;
H. Limited repair services, such as jewelry,
household appliance, typewriter and business machine repair
shops;
I. Personal service establishments such as
barbershops, beauty parlors, massage establishments, shoe
repair shops, and tailor shops;
J. Accessory facilities and uses customarily
incidental to permitted uses;
K. A *nar;**+um of four video game machines,
provided these machines are incidental to the main activity
of the business;
L. Specialty food stores which cumulatively
comprise less than filly percent of the ietail space of a
single building or shopping center;
M. Pet shop and pet services facilities (buildings)
which are located in a sound-proof structure and aze in
compliance with Santa Clara County Health Department
regulations;
N. Child day care facilities located within as
established business serving that business only and which do
not generate additional traffic from that produced by the
business itself;
73
12 - 15
19.56.030 Cupertino -Zoning 74
O_ Vocational cad speciati>,~t schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise less than fifty percent of the space is
a shopping center, provide adequate parking as determined
by Chapter 19.100 and meet noise requirements as
dete*~*+i*+ed by Chapter 10.48;
P. Other uses which, in the opinion of the Director
of Community Development, are similaz to the above
permitted uses, and which do not create significant adverse
impacts to the surrounding area due to odor, dust, smoke,
glare, fumes, radiarion, vibrations, noise, traffic or litter.
(Ord. 1815, (part), 1999; Ord_ 1687, Exh. A (part), 1995)
19.56.040 Conditional Uses.
The following uses may be conditionally allowed is the
CG zoning district, subject to issuance of a conditional use
permit:
A. Issued by the Director of Community
Development:
1. Specialty food stores which cumulatively occupy
more than fifty percent of the building floor space is a
single building or shopping center;
2_ Vocational and spec;ati>,Yt schools, dance and
music studios, ,g~.m*+A~iums and health clubs which
cumulatively comprise more than fifty percent of the space
iII a ShopplIIg center, provide adequate pazking as
determined by Chapter 19.100 and meet noise requirements
as determined by Chapter 10.48;
3 _ Retatl/service kiosks located in an utaencIosed
space visible from public streets or other publicly owned
space, where adequate parking is provided as determined by
Chapter 19.100, which do not result in traffic or circulation
impacts, have attractive designs and landscaping, and aze
compatible with the surrounding architecture.
B. Issued by the Planning Co**+**++csion:
1. Automobile repair shops and fire repair shops;
2. Commercial parking and parking garages; _
3. Convenience markets;
4. Hotels, motels, and boardinghouses;
5. Liquor stores;
6. Drinking establishments;
7. Full-service restaurants with separate bar
facilities; fast-food restaurants, and any entertainment
facilities (e. g. ,dancing, live music) is association with full-
service or fast-food restaurant;
8_ Commercial entertainment establishments, such
as indoor theaters, bowling alleys, billiazd and pool parlors,
dance halls, skating rinks, and azcades;
9. Private clubs, lodges and fraternal organi~ar;on8,
as principle uses buildings; fraternity and sorority houses;
10_ Child care centers, day nurseries, and
playgrounds;
11. Pet shops and facilities for bathing, clipping,
trimming and similaz services for pets, when not located is
a soundproof space;
12. Mortuaries;
13_ Theaters;
14. Automobile service stations, automobile washing
facilities;
15_ Automobile, trailer, fire and boat sales and
rectal, limited to new and used vehicles in operable
condition;
16. Any commercial estabt;ct+ments with drive-
through facilities;
17_ Late evening activities which occur between
eleven p.m. through seven a_m.
18. Business activities which display merchandise or
provide services is as unenclosed space visible from a
public street or adjoining residential property, except
activities which display merchandise as provided by Section
19.56.070(1)(d).
19. Business activities, which incorporate contracting
services for which a contracting license issued by the State
of California, aze required_
20. Other co*++**+Prcial uses which are neither
permitted uses nor excluded uses and which are, in the
opinion of the pla,,,,;,,g Commission, consistent with the
chazacter of a general commercial (CG) zone of the same
general character listed in this section, and which do not
create significant adverse impacts to the surrounding area
due to odor, dust, fumes, glare, radiation, vibration, noise,
traffic or litter. (Ord. 1815, (part), 1999; Ord. 1784,
(part), 1998; Ord. 1687, Exh_ A (part), 1995)
19.56.050 Excluded Uses.
The following uses shall not be permitted is general
commercial (CG) zones:
A. Businesses where the primary activity is related
to the on-site manufacturing, assembly or storage of
building components intended for use by general contractors
or wholesalers;
B. Wholesale lumberyards, warehouses, storage
garages, nurseries, greenhouses cad other wholesale
businesses, except computer hardwaze and software and
communications businesses for which the city may generate
sales tax revenue where the primary activity is to conduct
sales and services to other businesses rather than to direct
retail customers;
C. Other uses which, in the opinion of the Planning
Commission, are objectionable by reason of odor, dust,
smoke, glare, fumes, radiation, vibration, noise, traffic or
litter shall be excluded. (Ord_ 1687, Exh. A (part), 1995)
19.56.000 Conditional Use Permit for New
Developmeat_
A. Prior to the erection of a new building or
structure in a CG zoning district, or prior to the
enlargement or modification of an existing buildlYYg-,ts
75 General Cornmercisi (CG) Zones 19.56.060
structure, or site (including landscaping and lighting) in. a
CG coning district, the applicant for a building permit mv:st
obtain a use permit from the Plar,nir,g Co**++*+i~sion unless
the building square footage is five thousand square feet or
greater, in which case the conditional use permit may only
be issued by the City Council upon reco^+*++Pndation of tiie
Planning Corr+,niC~On.
B. Minor azchitectural modifications includnig
changes in matef-iafc and colors shall be reviewed by the
Director of Community Development as specified in
Chapter 19.132 or 2.90 of this code. If as application is
diverted to the Design Review Committee or the Planning
Com++,:ssion, the application shall be agendized for a Desil~
Review Committee or Planning Commission meeting as .~n
architectural and site application. (Ord. 1844, ~ 1 (part),
2000; Ord. 1784, (part), 1998; Ord. 1687, Exh. A (part),
1995)
19.56.070 Land Use Activity and Site Development
Regulations.
A. Land Use Criteria. Unless otherwise provided by
a conditional use permit, the following regulations sh,ali
apply to all users governed by this chapter.
1 _ The activity must be conducted entirely within a
building or enclosed patio or atrium except for:
a. Vehicular parking including the pazking of
business related vehicles that comply with the sign, of'f-
street pazking and noise regulations;
b. Outdoor seating for restaurants as long as die
number of seats do not exceed twenty percent of the number
of authorized indoor seats and is otherwise compatible wi~~h
Chapter 19.100 of this code;
c. Special promotional events undertaken by
permitted businesses;
d. The display of merchandise in frost of stores
cpnrain;ng a minimum of [Wenty thousand square feet of
floor area. The merchandise must be displayed under a roof
overhang or canopy and must be displayed is as orga+,i~a3,
neat and safe fashion;
e. incidental activities directly related to ttie
permitted business. The incidental activity must comply
with noise standards, all other applicable health and safely
regulations and must use equipment which, when not in us~~,
is stored is as approved enclosed space.
2. The- activity must comply with the City noi::e
standards, including pick-up and delivery r,m~a_ So=ne
activities are permitted when Iocated in a sound-proofspaa:.
A sound-proof space is an enclosed area which is designees
to grevent internally generated noise from being audi6~le
from a receptor located outside of ~e structure. A.a
acoustical engineer shall certify the design and ogeratir~g
conditions of a sound-proof space.
3 _ Tlie activity must involve direct retailing of goals
or services to the general public. The retailing card
servicing activity must comprise at least fifty percent of the
floor space, including enclosed patio and atrium space, and
must represent the primary emphasis of the business.
Window displays shall reflect the retail ea~hasis.
4. Certain activities which req~"*e a hazardous
material plan are permitted subject to permitting or licensing
by an authorized public agency charged with the
responsibility to protect the public health and welfare
regarding the involved hazardous material. Examples:
swi+n.ning pool and spa supply, photo ftnicfiing, dental
office.
5. ..The activity complies with applicable off-street
parking standards including shared pazkiag arrangements
specified in the off-street parking ordinance.
B. Lot Area and Coverage_ Except as may be
provided in the General Plan or applicable specific plan, no
minimum lot azea or coverage is required; provided,
however, that any lot in a CG zoning district shall have
sufficient area to satisfy off-street pazking and loading
requirements contained is this title and shall otherwise
comply with any setback regulations of this chapter or the
General PIan_
C_ Height of Buildings aad.Structures. Except as
otherwise provided by the Gencral Plan or applicable
specific plan, the maximum height of a building/stzucture in
a CG zoning district is thirty feet.
D_ Required Setbacks for Buildings and Enclosed
Patio/Atrium Space_
1. Front yard. Front-yard setbacks for each site or
lot in CG zone may be established by the City Council upon
recommendation of the Plann;ng Co.n.n;ssion based upon
special policies contained in the General Plaa and/or
applicable specific plan and to i*+~++re sufficient space to
provide adequate light, air and visibility at intersections; to
assure general conformity to yazd requirements of adjacent
or nearby zones, lots or parcels; and to promote excellence
of development.
2. Side cad Reaz Yazd. Unless regulated by a
specific plan, no side or reaz yard setback shall be required
in a CG zoning district, except where a lot in a CG zone
abuts any residential or agricultural-residential zone in
which case the following regulations apply:
a. No part of any building in a CG zoning district
shall be closer to a lot in a residential or agricultural-
residential zone than the height of that particulaz part of the
building_
b. The side yard adjacent to a lot is a residential or
agricultural-residential zone shall be a *•+i=+i**+um of twelve-
feet_
c. -The side yazd adjacent to a street shall be a
+T++*+i**+um of twelve feet.
d. The reaz yard adjacent to a lot in a residential or
agricultural-residential zone shall be a mi„i+„++.,, of twenty
feet or a distance equal to one and ort~h~ feet of
19.56.070 Cupertino -Zoning 76
horizontal setback distance for each foot of height of a
commercial building measured from its cave line or top of
Parapet- The greater distance shall prevail_
- E. Noise Standards.
1. New Construction. The construction of new
buildings on property adjoining a residential district which
is not included in a joint development plan shall install the
noise attenuation devices described in paragraphs a through
d of this subdivision_ The construction of retail structures
in a mixed use residential development shall employ noise
attenusiion techniques recom~.,P*+ded by as acoustical
engineer to comply with the community noise ordinance_
a. Exterior walls shall be designed to attenuate all
noise e**+a*±a*~*+g from interior retail space:
b. Locate loading docks and doors away from
residential districts. Required fire doors are excluded.
c. Air conditioning, exhaust fans, tad other
mechanical equipment shall be acoustically isolated to
comply with the noise ordinance_
d. ~ A minimum eight foot-high masonry sound wall
shall be installed on or adjacent to the common property line
between a retail and residential property. Wall height is
measured from the property with the highest finish grade.
An acoustical engineer shall certify that the above
sound attenuation measures comply with the intent of the
regulation and the City's community noise ordinance.
2. Sound attenuation for activities regulated by use
permit_
All activities described is Section 19.56.040
(conditional uses) that have a high probability of generating
noise which may transmit into adjoining residential
properties shall comply with the noise attenuation
requiremP^-~ listed in subsection El of this section.
F. Lighting. New lighting fixtures for any new site
construction or building improvements shall meet the
following requirements:
1. All exterior lighting shall be a white type light
either-metal halide or a comparable color corrected light
unless otherwise approved as part of a development plan_
2. The light fixtures shall be oriented and designed
to preclude any light and direct glare to adjacent residential
groperties. No direct off site glare from a light source shall
be visible above three feet at a public right-0f-way.
3. Parking lots, sidewalks and other areas accessible
t0 pedecfriana 2nd automobiles shall be jjl„m;nated With 8
uniform and adequate intensity_ Typical standards to
achieve uniform and adequate intensity are:
a. The average horizontal maintained illumination
should be between one sad three foot~andles; and
b. The average maximum to ,,,i.,;..,,,:„ ratio should
be generaIIy between six and ten to one.
4. Critical areas such as stairways, ramps. and main
walkways may have a higher illumination.
5. Lighting around automatic teller machines shall
meet minimum standards required by the State Business and
Professions Code.
G. Landscaping. The application for use permit to
construct a building in a general coTM+**+ercial zone shall be
accomplished by a concept landscaping plan which provides
as effective year-round landscaping screen in the setback
area adjoining a residential property_ The "latent of the plan
is to screen the building from the rear yard of a residence_
The affected residents will be given notice of hP9*i*+gs and
may give testimony advocating as increase in planting to
provide more screening or reduction in landscape material
to preserve views andlor permit more sun to eater their
property_ The intent of the planning req..irP.++P.+r is tD
provide screening within five years. (Ord_ 1784, (part),
1998; Ord. 1687, Exh_ A (part), 19957
19.56.080 Interpreta[ion by the ~g,+..i.,g Director.
A. The Director of Community Development shall
be empowered to make reasonable interpretations of the
regulations and provisions of this chapter censisteat with the
legislative intent thereof. If the Applicant is-aggrieved by
an interpretation of the chapter by the Director of
Community Development, said applicant may petition the
planning Commission in writing for review of the
interpretation_
B. Owners of property immediately adjoining the
affected property shall be notified of a Planning
Co**+**+ission review of a Director of Community
Development's interpretation. (Ord. 1687, Exh. A (part),
1995)
12 - 18
Exf>tibit C
CIVIC PARK CUPERTINO LLtr
P.O. Bor: 1325
Menlo Park, CA 94026-1325
408-436-3671 or 408-938-2552
Fax: 408-436-0101
March 9. 2009
Mr_ Colin Jung
Mr. Gary Chao
City of Cupertino
Conmiunity Development Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Application No. M-2009-01 to ino<iify Use Permit U-2002-06
Ladies and Gentlemen:
This letter is to support Application No. Ivi-2009-01 to modify Use Permit Conditions for
Use Permit U-2002-06_ First, please note that APN 369-55-081 was inadvertently omitted from
the Application and the Notice of Public Hearing. APN 369-55-081 is the southerly part of the
retail project and is indistinguishable from the retail project.
Your letter of September 20, 2006 to Curtis Leigh of Hunter Properties attempted to
clarify the approved Application M-2006-3 that g~.neral commercial uses are allowed.
Since we acquired the property in 2007, we have been diligently trying to lease the vacant
spaces_ At present, there are two restaurants, Amici's East Coast Pizzeria and Curry House, one
fresh yogurt store, Red Mango, and a dentist's office (under construction). Excluding the dental
office, we currently have more than 72% of the space facing De Anza Boulevard as
restaurant/retail uses.
As you know there is a very challenging tenant market facing us in our attempt to lease
out the vacant spaces. 'The existing tenants have expressed a concern that we do not have
sufficiently leased out spaces to draw more foot traffic and we, of course, ~~=ouId like to fill up
the empty spaces as quickly as possible.
We currently have a lease proposal from a martial arts studio/combined with a classroom,
but recently discovered the restriction ("d") in tBe September 20, 2006, letter_ We request that
restriction "d" be removed_ Cupertino has an extremely good reputation for being aware of the
importance of high quality education and should encourage the desire to build educational
facilities_ As you know, financing is rarely available in today's market, and finding a tenant who
does not need outside financing is very difficult. Our proposed tenant is one of those rare ones
~vho is willing to take a risk to start a ne~v business in today's declining economy.
e.oc ~z - ~s
o~isoa-
This letter is to request that the clarifications b, c and d in paragraph 1 of the September
20, 2006, letter be removed. and that this property would be otherwise governed by the general
zoning ordinance. Regarding restrictions "b" and "c", we are concerned about future leasing-
When financial institutions become healthy again, and an existing restaurant tenant ceases to
operate, we would like to have the flexibility to lease the space facing De Anza Boulevard to
such an institution. We believe that the current restriction may prevent a financial institution
from considering this space, since such a business looks for as much visibility as possiUle. Rents
on De Anza Boulevard are usually higher than those without De Anza frontage, and the
institutional type tenants are more able to afford those kinds of rents-
Because the parking spaces in the garage have been widerutilized, we are requesting a
shared parking arrangement with the owner of the office building entitled to use such spaces and
«°ould like to include these spaces as spaces available to the retail tenants and their customers-
We would appreciate your consideration to making such clarifications.
Very truly yours,
Civic Pazk Cupertino LLC
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For Information, please contact our exclusive listing agents:
lanny Tsltl ,loyce Lin
Partner Associate
408.43G-3671 408.436.3612
tlsai@naiht.com jlin@naiht.com
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1650 Technology Drive Suite 600 San Jose, CA 95110
tel 406 436 8000 fax 408 436 3699 www.naihtcommerrial.com
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~ Ienultl I~,il, h.,r, l I h.
I Partner Associate
400.436.3871 406.438.3&'13
ttsai®nelbt.com
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1650 Technology Drive Suite 6D0 San Joss, CA 05110
te1A064360000~fax40043636 D0 tl!ww.nalbtcommerclel.com
Nor Cn aale Civlc Parlt Lane
EXHIBIT E
March 16, 2009
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Re_ Application No. M-2009-01 to modify Use Permit U-2002-06
Ladies and Gentlemen
We are writing on behalf of Amici's Las[ Coast Pizzeria for the Civic Park project to
support Application No. M-2009-01 to modifj Use Permit Conditions for Llse Permit U-2002-
06.
As a major tenant in Civic Park, our restaurant contributes to the entire center while also
benefitting from the surrounding retail shops. We would like to see an active and thri ~~ng retail
operation in this center. V/e have discussed the proposed amendment with Civic Pazk Cupertino
LLC and believe that modifying the use permit conditions above v`ill help it to fill up the retail
space that is currently empty and pro~~de the tenants and residents of this project with additional
sen~ices and facilities which they can use without dmzng to another site. With the approval of
this amendment, the proposed martial arts studio and educational center will be allowed to
occupy one of the exisfing vacant spaces, creating one less vacancy. R'e believe that an active
retail operation will contribute to stabilizing the values of all the property o~~mers at this site and
strongly urge you io support the modification. 'Thank you.
Very truly yours,
Amici's East Coast Pizzeria
n p
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Tay E yL>Y l~C,' 1 \ r~ °>. c~t_<-i'
Peter Cooperstein _
12-
®s~suae ~isda ~r6~i7ze~r!-'cQ
March 16, 2009
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Application No. M-2009-01 to modify Use Permit U-2002-06
Ladies and Gentlemen:
We are writing on behalf of Curry House Restaurant for the Civic Park project to support
Application No. M-2009-01 to modify Use Permit Conditions for Use Permit U-2002-06.
We are a Japanese restaurant in Civic Park and we would like to see more active and
thriving retail operations in this center. We have discussed the proposed amendment with Civic
Park Cupertino LLC and believe that modifying the use permit conditions above will help it to
fill up the retail space that is currently empty and provide the tenants and residents of this project
with additional services and facilities which they can use without driving to another site. This
amendment's approval would allow for a martial arts and tutoring studio to occupy one of the
spaces and therefore create one less vacancy in the project, while adding a beneficial service and
business to the project as a whole. We believe that an active retail operation will contribute to
stabilizing the values of all the property owners at this site and strongly urge you to support the
modification. Thank you.
Very truly yours,
Cuny House
B
L_.~ ~ uo Yoshida
House Foods America Corp. 7351 Orancewood Avenue, Carden Grove, CA 9?R-11 T<1: 71-1/9(f i-3350) Fay: 7 1=1190 1=4 2 3
use Y~isc~~ G..~'~/a~~
~ iz-za
tslar 17 09 09:0'1a Susan Kuo 41wL82494 p-1
March L 6, 2009
City of Cupertino
Conununity Development Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Application No. M-2009-D 1 to modify Use Pem~it U-2002-06
Ladies and Gentlemen:
:a~~
We are writing on behalf of Red Mango for the Civic Park project to support Application
No_ M-2009-01 to modify Use Permit Conditions for Use Permit U-2002-06_
We believe our business wiil benefit gre,3tly firom having the retail space next to our unit
occupied. Our business is strongly driven by young children and their parents coming for a quick
snack and we believe that with the addition of a martial arts and educational center, the added
foot traffic wiII be mutually beneficial to us, the other retail restaurants, and the martial arts
studio.
We would Like to see an active and thriving retail operation in this center. We have
discussed the proposed amendment with Civic Park Cupertino .LLC and believe that modifying
the use permit conditions above will help it to fill up the retail space that is currently empty and
provide the tenants and residents of this project with additional services and facilities which they
can use vvithou# driving to another site. We believe that an active retail operation will contribute
to stabilizing the values of all the property owners at this .site and strongly urge you to support
. the modification. Thank you.
Very truly yours,
Red Mango
rl~~
By
Dusan Kuo
A.oc
D71806-
12-25
03/17/2009 TiJE 08:55 [T%/RX NO 68437 @j 001
03/78!2009 11:.06 FAX
~ ~ _
3 #.
x-.:.ROBERT S. C1;-lEN, D.M.D., M.S.
~:-•- ~• S~tet:inlfst in prthodontics for Adults b Children
~~ Manzl~rr of Amcricnn Association of OrthodantFsts
" ~ Invisalrgn~ Certified Premier Provider
3
1 i
~,~
:~ f
- .
--°•~~-••~>• ~ - City of Cupertino
• Community Development Department
10300 Torrc Avenuc
Cupertino, CA 95014
f~j 001 /001
(408) 739-7100
FAX (408) 739-6700
March 17, 2009
_ Re: Application No. M-2009-01 to modify Use Permit U-2002-OG
;;
~. • •. Ladies and Gentlemen:
~' We are writing on behalf of the Dr. Robert Chen, Orthodontist, for tb0 Civic Park project
- to support Application No. M-2009-01 to modify Use Permit Conditions for Use Permit U-2002-
06.
~' ~' '~/e occupy one unit on Town Center Lane, next to the proposed Martial Arts Studio and
Tutoring Center. Our business is comprised of many families vt+ith young children. We would
z like to see an active and thriving retail operation in this center that would also benefit our
r business. •We have discussed the proposed amendment with Civic Park Cupertino LLC and
-_ - ~ ' believe that niodi;fying the use permit conditions above will help fill up the retail spaces that are
- currently empty and provide tho tenants and residents of this project with additional services and
- fscilities which they can use without driving to another site. With a Martial Arts Studio and
_ Tutoring Center, our clients can benefit from this additional service while our business can
- potentially draw new cliezlts from this new use of the space. We believe that an active retail
- operation will contribute to stabilizing the values of ail the property owners at this site and
strongly urge you to support the modification. Thank you.
• _ Very truly yours,
Dr. Robert Chen, Orthodontist
= ~ .,•
Dr. Robert Chen
3~i ~/~~
U.oc
- o»eoa-
E _
333 W. Maude Ave., Suite 210 ~ Sunnyvale, CA 94085 • E-mail: orthorob@hotznail_cozx~
www.ilew a ficbraces. c om
12-26
03/18/2009 S~'ED 11:03 [TX/RX NO H851] Ii3j 001
EXHIBITS
BEGIN
HERE
cL
~,~ ~ Z, 4/7/2009
De Mz~ Rb•I
4/7/2009
c
Description of Applicant's Staff Planning Commission
Minimum 50% of No change No change, just clarify Agreed with staff
commercial space language recommendation.
must be devoted
to retail or
restaurant use
b,c S. De Anza Blvd. Delete No change Delete conditions
frontaee: conditions A1t.35%retail/rest.,
Min. 40% retail OR 65% other comm'1
/restaurant Min. 35% Retail/ rest. presence
60%financial, retail/rest., required to activate
non-retail, non- 65% other space, bring more
restaurant uses comm'1 customers and
OK visitors to the area.
d Prohibit schools, Delete Delete condition, but Agreed with staff
dance & music condition prohibit these uses in recommendation.
studios, the 3 anchor (comer)
gymnasiums & tenant spaces.