Reso 6607 M-2010-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6607
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A MODIFICATION TO A USE PERMIT
(U-2003-04) TO ALLOW ADDITIONAL COMMERCIAL USES IN A RETAIL
RESTRICTED COMMERCIAL BUILDING SPACE AT
19501 &19505 STEVENS CREEK BOULEVARD(METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2010-03
Applicant: Jane Vaughan (Cupertino Housing Partners,LLC)
Location: 19501 &19505 Stevens Creek Boulevard (APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
modification to a Use Permit (Chapter 19.124 of the Cupertino Municipal Code), as described in 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 Planning Commission finds the following with regards 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.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the use permit modification is hereby recommended for approval subject to the conditions which
are enumerated in this Resolution.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. MODIFICATION TO USES ALLOWED
a. Non-retail commercial uses may occupy a maximum of 60% (3 of the 5 existing tenant spaces) of
the 6,400 square foot retail space along Stevens Creek Boulevard and shall be limited to Building
B. Building A (the remaining 40% of the commercial space) shall remain for retail uses only.
b. No more than two of the non-retail units in Building B (40% of the total retail space) shall be
permitted to be occupied by medical office use;the remaining unit in Building B may be occupied
by a non-retail use as long as the parking requirements can be met.
c. Non-retail commercial units shall have the flexibility to also be used for retail commercial uses.
Resolution No.6607 M-2010-03 September 28,2010
Page 2
2. PARKING
Employees of the commercial spaces shall be required to park in the existing available and unused
parking spaces in the underground parking garage of Building B that were originally designed for
use by the office complex. No more than seven (7) of these spaces may be used to accommodate
employee parking for the commercial spaces with the provision that such parking spaces are to be
striped for commercial employee parking only to ensure that the surface parking is made available to
customers of the commercial uses only, and that these requirements will be incorporated into the
CC&Rs.
3. COVENANT RECORDATION
A covenant shall be submitted for review and approval by the City and shall be recorded on the
property, stating that this property is under a Planned Development Zone of the City of Cupertino.
Purchasers of the property are advised to check with the City of Cupertino to find out the specific
restrictions under the Planned Development Zone and related permits.
The covenant shall be recorded prior to issuance of final occupancy of the vacant tenant space.
4. 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.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
are contained in the Public Hearing record concerning Application M-2010-03, as set forth in the Minutes
of the Planning Commission Meeting of September 28,2010 and are incorporated by reference herein.
PASSED AND ADOPTED this 28th day of September 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Miller,Kaneda
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
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Aarti Shrivastava Paul Brophy,
Director of Community Development Planning Co 's '
G:/Planning/PDREPORT/RES/2010/M-2010-03 res.doc