Reso 6551 M-2009-01
CITY OF CUPERTINO
10300 Torre Avenue
- Cupertino, California 95014
RESOLUTION NO. 6551
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT TO CHANGE
A CONDITION OF APPROVAL TO ALLOW 19,135 SQ. FT. OF GENERAL COMMERCIAL
SPACE WITH RESTRICTIONS TO BE USED FOR VOCATIONAL AND SPECIALIZED
SCHOOLS AND STUDIOS
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-01
Applicant: Tenny Tsai (Civic Park Cupertino LLC)
Location: Southeast corner of South De Anza Boulevard and Town Center Lane
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification of a Use Permit, 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 Modification of the Use Permit are 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-2009-01,
as set forth in the Minutes of the Planning Commission Meeting of March 24, 2009, and are
incorporated by reference though fully set forth herein.
Resolution No. 6551 M-2009-01 March 24, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. REVOCATION OF M-2006-03
Use permit modification, file no. M-2006-03, is hereby revoked and replaced with the
following use permit modification, file no. M-2009-01.
2. CLARIFICATION OF USES ALLOWED
General Commercial uses with the following restrictions are allowed in the 19,135 sq.
ft. located at the southeast corner of South De Anza Boulevard and Town Center Lane.
A minimum of 50% of the building area shall be occupied by retail or restaurant
uses. Retail space is defined as any business that generates 50% of its in-store
sales receipts from in-store sales of products. Internet sales do not count toward
this figure, although internet sales are highly encouraged. Vocational and
specialized schools, dance and music studios, and gymnasiums and health
clubs are prohibited from occupying the anchor tenant spaces located at the
building corners.
3. BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accompany any new business license applications
from tenants of the above space attesting that they conform to the above conditions.
PASSED AND ADOPTED this 24th day of March 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice-Chair Brophy, Kaneda, Miller, Lee
NOES: COMMISSIONERS: Chairperson Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED: J "
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Director of Community Development � nn Commission
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