Reso 6413 M-2006-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6413
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 RETAIL/RESTAURANT
SPACE TO BE USED FOR GENERAL COMMERCIAL USES SUBJECT TO RESTRICTIONS
SECTION I: PROTECT DESCRIPTION
Application No.: M-2006-03
Applicant: Curtis Leigh (John McMorrow, Cupertino Town Center)
Location: South-east corner of 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-2006-03,
as set forth in the Minutes of the Planning Commission Meeting of August 22, 2006, and are
incorporated by reference though fully set forth herein.
Resolution No. 6413 M-2006-03 August 22, 2006
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. CLARIFICATION OF USES ALLOWED
General Commercial uses with the following restrictions are allowed in the 19,135 sq.
ft. at 10440 S. De Anza Boulevard. _
a. Minimum 50% of the space for retail/restaurant spaces. 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.
b. Limit financial institutions and other non-retail/resfaurant uses to 60% of the
De Anza Boulevard frontage,
c. Minimum 40% of the De Anza Boulevard frontage must be retail/restaurant,
and
d. Vocational and specialized schools, dance and music studios, gymnasiums and
health clubs are prohibited.
2. 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 22nd day of August 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Chairperson Miller, Chien, Saadati
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:Vice Chair Giefer,Wong
ATTEST: APPROVED:
/s/Steve Piasecki _ _/s/Marty Miller
Steve Piasecki Marty Miller, Chairperson
Director of Community Development Planning Commission
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