Reso 6197 M-2003-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6197
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING OF
A MODIFICATION OF A USE PERMIT MODIFICATION TO ALLOW THE USE OF
AN EXISTING BUILDING FOR GENERAL AND MEDICAL OFFICE USES AND TO
MODIFY THE PARKING AREAS AT 20600 MARIANI AVENUE AND 10495 NORTH
DE ANZA BOULEVARD
SECTION I: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, 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 modification is hereby approved,
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-2003-02, as set forth in the Minutes of the Planning Commission Meeting of July
14, 2003, and are incorporated by reference as though fully set forth herein.
Resolution No.6197 M-2003-02 July 14, 2003
Page 2
SECTION II: PROTECT DESCRIPTION
Application No(s): M-2003-02
Applicant: Sy-Cheng Tsai
Location: 20600 Mariani Avenue and 10495 N. De Anza Blvd.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits titled: "Any Mountain -
BLDG 2, 20600 Mariani Avenue, Cupertino, CA", consisting of four sheets dated
7/7/03 and labeled A-0.1, A-1.0, A-1.1 and A-1.2, 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
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. ALLOWED LAND USES
This approval allows medical and general office uses in the first and second
building stories. The basement shall be used for storage only. The applicant is
allowed to flexibly use the first and second story building area for general and
medical office uses in combinations that meet the aggregated on-site parking
requirements of the City.
4. ACCESS AND PARKING EASEMENTS
Prior to building permit approval, the applicant shall record cross access and
parking easements on each lot or provide written evidence that such easements
already exist on these lots.
5. LOT LINE ADTUSTMENT
Prior to building permit approval, the applicant shall obtain a lot line adjustment,
Resolution No.6197 M-2003-02 July 14, 2003
Page 3
shifting the common property line westerly in order to place the parking row
completely within 10495 N. De Anza Boulevard, APN 326-33-110.
Alternatively, the applicant may record a covenant on the property, to the
satisfaction of the City Attorney, agreeing that the row of parking bisected by the
common property line shall be counted toward the parking requirements and land
use intensities of APN 326-33-110, located at 10495 S. De Anza Boulevard. None of
the spaces in this parking row shall be counted towards the parking requirement,
building expansion and land use intensifications of the property to the west, APN
326-33-109, located at 20600 Mariani Avenue.
PASSED AND ADOPTED this 14th day of July 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Corr, Miller, Vice-Chair Saadati, Wong &
Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piasecki Angela en, Chairperson
Director of Community Development Planning Commission
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