101-Staff Report.pdf
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
CUPERTINO, CA 95014-3255
(408) 777-8) 777-planning@cupertino.org
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4 Agenda Date: June 14, 2011
Application: U-2011-06
Applicant/Owner: Kenneth Frangadakis
Location: 10601 South De Anza Boulevard (APN 359-18-043 and 359-18-045)
APPLICATION SUMMARY:
Use Permit (U-2011-06) to allow up to 50 percent office uses where 25 percent is allowed at an existing
commercial center in a P(CG) zone.
RECOMMENDATION:
Staff recommends that the Planning Commission:
Approve the Use Permit (U-2011-06) in accordance with the draft resolution.
PROJECT DATA:
General Plan Designation Commercial/Residential
Conceptual Plan South De Anza Boulevard
Zoning Designation
P (CG)-Planned Development with General Commercial uses
Environmental Assessment
Categorically Exempt
Lot Size
71,874 square feet of combined parcels(1.65 acres)
Existing Building Area
17,030 square feet
Proposed Building Area
None
Existing Parking Stalls
88
Required Parking Stalls 71(83 spaces if 50% medical office; 74 spaces if 50%
professional office)
BACKGROUND:
Existing Site and Surrounding Uses
The project site (De Anza Professional Center) is located on the west side of South De Anza Boulevard
and north of Kirwin Lane. The site consists of two parcels connected through a shared parking easement.
The larger parcel fronts De Anza (APN 359-18-043) and contains two buildings - a 12,730 square foot U-
shaped building and a 4,300 square foot rectangular building. The smaller parcel fronts Kirwin (APN
359-18-045) and contains an overflow parking lot.
The surrounding land uses to the north include the De Anza Plaza shopping center and single-family
housing; to the south a commercial building; to the west single-family housing; and across the street to
the east, the De Anza Center.
U-2011-06 De Anza Professional Center Use Permit
De Anza Plaza
De Anza Center
Project site
KirwinLane
KirwinLane
General Commercial Allowed Uses
The buildings onsite were constructed during the 1960s and 1970s for general commercial/office uses.
Prior to 1992, professional, general, and administrative offices were permitted in the CG (General
Commercial) zone without any specific restrictions. In 1992, the General Commercial Ordinance was
amended (Ordinance no. 1601) to restrict professional, general, and administrative offices to comprise
not more than 10% of the tenant spaces in a shopping center. The ordinance was amended again in 1995
(Ordinance no. 1687) to limit office uses to not more than 25% of the space in a shopping center.
The site has been used for office, commercial and tutoring/specializededucational usesin accordance
with the General Commercial Ordinanceat the time of the original approval. Theapplicant would like to
lease space toadditional office tenants.The new request requires a Use Permit in order to allow office
uses exceeding 25% per the currentGeneral Commercial Ordinance.
Staff would like to note that there were two previous use permit approvals--5-U-85,for a 6,600 square
foot second floor addition;and 48-U-85,fora new 5,000 square foot office building on the site(see
Attachments2and 3). However, the projects were never built and the permits expired.
DISCUSSION:
Office Use
The applicant is requesting for a Use Permit approval to allow for up to 50% of thespaces in the center to
be office. Office uses would consist of administrative/executive, professional, and medical office uses
defined inthe City’s zoning definitions. No physical building or site modifications are proposed.
Parking
A parking analysis has been conducted and confirms that currently there is a surplus of 14stalls onsite
(see Attachment 4). A condition has beenadded to requirethe applicant to work with staff to keep an
active parking account for the center in order to ensure that the tenant mix is consistent with the City's
parking requirements. A detailed parking analysis must be submitted for review and approval every
time a new change of use business license permit is requested.
U-2011-06 De Anza Professional Center Use Permit
STAFF RECOMMENDATION:
The project was originally designed to house mostly professional offices consistent with the original
General Commercial Ordinance. However, the spaces in the front could work as active commercial
space. Therefore, recognizing the original situation as well as the intent of the current General
Commercial ordinance, which supports retail, staff supports the applicant’s request with the following
condition:
Commercial Uses alongDe Anza Frontage
In keeping with Council’s interest in focusing active commercial uses along the street, a condition has
been added to require the three tenant spaces that front onto De Anza Boulevard (out of the 18 total
tenant spaces in the center) be preserved as active commercial uses. There is currently a financial
consulting business, tailoring shop, and a law office in these spaces. Out of these three, the law office
doesn’t meet the description of “active commercial use.” However, the condition does not require any
changes until the space is re-leased. When the space is re-leased, active commercial uses including
banks, insurance/real estate agencies, travel agencies, etc. would be allowed. Staff believes that this
provides a balance between the City’s interests in maintaining active uses along the street with the
applicant’s interests in leasing his tenant spaces.
INTERAGENCY AND ENVIRONMENTAL CONSIDERATIONS:
Other Departments’ Review
The City’s Public Works Department, Building Division, and the Santa Clara County Fire Department
reviewed the project and have no objections.
Environmental Assessment
The project is categorically exempt from the California Environmental Quality Act (CEQA) per section
15301 (Existing facilities) of the CEQA Guidelines.
Prepared by: George Schroeder, Assistant Planner
Reviewed by: Approved by:
/s/Gary Chao /s/Aarti Shrivastava
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1.Draft Resolution
2.Use Permit 5-U-85
3.Use Permit 48-U-85
4.Current parking analysis
5.Plan Set