102-1. Draft Resolution.pdf
U-2011-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW UP TO 50% OFFICE USES WHERE 25% IS ALLOWED
AT AN EXISTING COMMERCIAL CENTER IN A P(CG) ZONE LOCATED AT 10601 SOUTH DE
ANZA BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2011-06
Applicant/property owner: Kenneth Frangadakis
Location: 10601 South De Anza Boulevard (APN: 359-18-043 and 359-18-045)
SECTION II: FINDINGSFOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a)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;
b)The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City’s zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof, the application for a Use Permit, Application no. U-2011-06 is hereby approved, 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. U-2011-06 as set forth
in the Minutes of Planning Commission Meeting of June 14, 2011, and are incorporated by reference
as though fully set forth herein.
Resolution No. U-2011-06 May 24, 2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.APPROVED EXHIBITS
This approval is based on Exhibits titled,“De Anza Professional Center, 10601 De Anza
Professional Center,” prepared by Fazekas Architecture, dated 12-19-1985 consisting of page A1,
except as may be amended by the Conditions contained in this Resolution.
2.USE APPROVAL
Approval is hereby granted to allow up to 50 percent office uses, provided that the parking
demand of the uses onsite (according to the City’s ratios) do not exceed the parking supply.
Permitted uses include those defined in the City’s zoning definitions as “administrative or
executive offices,” “professional offices,” and “medical offices.”
The tenant spaces along the building frontage (suite #’s 107-108, 208, and 209) shall only consist of
active commercial uses permitted in the General Commercial Ordinance, including, but not
limited to retail businesses; restaurants; banks and financial institutions; insurance, travel, and
insurance agencies; photography and similar studios which directly serve the public; laundry
facilities; limited repair services; personal service establishments; specialty food stores; and pet
shop and pet services. Any other uses not listed may be considered by the Director of Community
Development at his or her discretion.
3.LOT LINE ADJUSTMENT
The property owner shall obtain a lot line adjustment with the City to merge the southern parking
lot parcel on Kirwin Lane (APN 359-18-045) with the main building parcel (APN 359-18-043).
4.SITE IMPROVEMENTS
The property owner shall apply for the proper City permits for the following site improvements:
a.Screen rooftop mechanical equipment from public view.
b.Install street tree in the empty tree well in front of the building.
c.Resurface and restripe the parking lot on parcel 359-18-045.
5.PARKING ANALYSIS AND BUSINESS LICENSES
The property owner and/or his representative shall 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. Said analysis must be kept up-to-date with the property
manager and be made available to any tenants when applying for a business license with the
City.
All businesses onsite shall obtain City business licenses and licensing from the appropriate State
licensing agencies.
6.CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other agencies with regard to the proposed project for
additional conditions and requirements. Any misrepresentation of any submitted data may
invalidate an approval by the Community Development Department.
Resolution No. U-2011-06 May 24, 2011
7.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 14th day of June, 2011, 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: APPROVED:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission