Reso 6562 M-2009-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6562
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING A MODIFICATION TO A USE PERMIT (U-2003-04)
TO REMOVE TWO PUBLIC PEDESTRIAN EASEMENTS AT THE METROPOLITAN AT
CUPERTINO CONDOMINIUM COMPLEX LOCATED AT
19501, 19503, 19505 & 19507 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-06
Applicant: Elaine Chong (Metropolitan at Cupertino HOA)
Location: 19501, 19503, 19505 & 19507 Stevens Creek Boulevard
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification to 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, as amended, 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 the Modification to the Use Permit 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-2009-06,
as set forth in the Minutes of the Planning Commission Meeting of August 11, 2009, and are
incorporated by reference though fully set forth herein.
Resolution No. 6562 M-2009-06 August 11, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for U-2003-04 shall remain in effect, except as amended
by the conditions contained in this resolution.
2. REMOVAL OF INTERNAL PUBLIC PEDESTRIAN EASEMENTS
Condition No. 22 of U-2003-04 as approved by the City Council on December 15, 2003
shall be modified to remove the two public pedestrian easements that run through the
interior pedestrian paths, courtyards and plazas of the mixed-use complex as
highlighted in the Approved Exhibits.
3. APPROVED EXHIBITS
The approval is based on Exhibits consisting of a vicinity map and a parcel map and
site plan highlighting the public pedestrian easements to be removed, except as may
be amended by the Conditions contained in this Resolution.
PASSED AND ADOPTED this 11th day of August 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, Miller, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: Chairperson Giefer
ABSENT: COMMISSIONERS: none
ATTEST: APP
,
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Aarti Shrivastava is Gief , Cha' erson
Director of Community Development Comm sion
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