Reso 6131 M-2002-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6131
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT TO
ALLOW THE CONVERSION OF 5,260 SQUARE FEET OF RETAIL/OFFICE USE TO
MEDICAL USE IN AN EXISTING RETAIL/MEDICAL BUILDING
SECTION I: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for 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 Use Permit is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based are contained in the public hearing record concerning Application
No. M-2002-03, as set forth in the Minutes of the Planning Commission Meeting of May
13, 2002, and are incorporated by reference as though fully set forth herein.
Model Resolution No. 6131 M-2002-03 May 13, 2002
Page 2
SECTION II: PROTECT DESCRIPTION
' Application No(s): M-2002-03
� Applicant: Kalil Jenab (HeartSavers)
Location: 20269 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUI�TITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled HeartSavers,
20269 Stevens Creek Boulevard, Cupertino, California 95014, consisting of two
' sheets dated 4/10/02 and 4/23/02 and respectively labeled: X-1 and A-1, except as
may be amended by the conditions contained in this resolution.
� 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
i 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,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
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.
3. PARKING DEFICIENCY:
The medical tenant occupying the 3,144 square feet closest to Stevens Creek
Boulevard shall be allowed to operate with a parking deficiency of three spaces.
4. PATIENT LIMITATIONS:
The medical tenant occupying the 3,144 square feet closest to Stevens Creek
Boulevard shall limit the number of patients present to ten (10) at any given time.
5. EMPLOYEE LIMITATIONS:
The medical tenant occupying the 3,144 square feet closest to Stevens Creek
Boulevard shall limit the number of employees to five (5).
6. COVENANT:
Property owner shall record a covenant alerting future property purchasers that
the 3,144 square feet portion of the building closest to Stevens Creek Boulevard is
allowed five (5) employees and restricted to ten (10) patients in the space at any
G:�Planning�PDREPORT�RESUVI-2002-03 res.doc
Model Resolution No. 6131 M-2002-03 May 13, 2002
Page 3
given time. Said covenant is to be reviewed and approved by the Director of
Community Development and the City Attorney.
7. ARBORIST REPORT:
Applicant shall provide an arborist report, prepared by an ISA certified arborist,
demonstrating the redwood trees along the northwest property line will not be
adversely affected by the installation of two new parking stalls near the trees.
Applicant shall follow all recommendations stated in the arborist report for care of
the trees during construction. The Director of Community Development shall
have the authority to approve the removal of the two parking stalls should the
arborist report demonstrate that the installation of the new stalls will have an
adverse effect on the redwood trees.
8. ROOFTOP EQUIPMENT:
All rooftop equipment shall be completely screened from street view by the
building parapet. The Director of Community Development may approve a
higher building parapet to achieve this equipment screening.
PASSED AND ADOPTED this 13th day of May 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Saadati, Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSEN : COMMISSIONERS:
ATT . APP V .
` �� -� .��,
Steve Piasecki Charles Corr, Chairman
Director of Community Development Planning Commission
G:�Planning�PDREPORT�RES�N1-2002-03 res.doc