Reso 6563 M-2009-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6563
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT (U-
2004-01) TO ALLOW ADDITIONAL COMMERCIAL USES IN A RETAIL
RESTRICTED COMMERCIAL BUILDING SPACE AT 20130&20132 STEVENS
CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-07
Applicant: Catherine Chen
Location: 20130 &20132 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Coirunission 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 Planning Corrunission 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; and
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. MODIFICATION TO USES ALLOWED
The City Council Action Letter dated March 3, 2005 pertaining to application no. U-2004-01
is hereby modified to allow in the commercial building space, General Commercial uses as
defined and as limited in Cupertino Municipal Code Section 19.56 (General Commercial
(CG) zoning district).
Resolution No. 6563 M-2009-07 September 8,2009
Page 2
2. 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 should 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.
3. 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 and contained in the Public Hearing record concerning Application M-2009-07, as set
forth in the Minutes of the Planning Commission Meeting of September 8, 2009 and are
incorporated by reference herein.
PASSED AND ADOPTED this 8th day of September 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer,Vice Chair Brophy, Miller, Kaneda
NOES: COMMISSIONERS: Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APP OV,�D'`� �
� � �
, , � s
Aarti Shrivastava Li a iefer, Ch ' �
Director of Community Development P nning ommission �
G:/Planning/PDREPORT/RES/2009/M-2009-07 approval res.doc