Reso 6228 M-2003-06
CITY OF CUPERTINO
103 00 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6228
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO ALLOW A COMBINATION
OF MEDICAL OFFICE, RETAIL & RESIDENTIAL USES BY APPROVING
SHARED PARKING AND A PARKING EXCEPTION
SECTION I: FINDINGS
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 uses and projected parking demand will not exceed the existing shared
parking supply;
3) 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 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 and contained in the public hearing record concerning Application No. M-2003-06 as set
forth in the Minutes of the Planning Commission Meeting of December 8, 2003, and are
incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: M-2003-06
Applicant: Chii Ching Sheu
Location: 10050-10056 Imperial Avenue
Resolution No. 6228 M-2003-06 December 8, 2003
Pa�e—2-
� SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Sheet titled: "10500 IMPERIAL, Medical Use/Parking Study,
Cupertino, CA," labeled A1.1 and dated 10/20/03, except as may be amended by the
conditions contained in this resolution.
2. SHARED PARKING.
A shared parking arrangement involving one stall between the residential and medical
office uses is approved.
3. PARKING EXCEPTION
A parking supply of 10 onsite parking stalls and 3 on-street fronting parking stalls is
approved to meet the full parking requirement of this mixed use building consisting of
687 square feet of retail space, 1,896 square feet of inedical office space and one 2-
bedroom apartment.
4. PARKING MANAGEMENT PLAN
To accommodate parking for employees, doctor and patients of the medical office space,
the medical office shall be limited to a combination of four employees/doctors and a
maximum of four patients each office hour. These restrictions shall be recorded in a
covenant running with the land, subject to the approval of the City Attorney. The covenant
shall be recorded prior to the issuance of the building permit.
5. 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.
PASSED AND ADOPTED this 8th day of December 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: Miller, Vice-Chair Saadati, Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Resolution No. 6228 M-2003-06 December 8, 2003
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ATTEST: APPROVED:
Steve iasecki Angela Ch , Chairperson
Director of Community Development Cupertino anning Commission
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