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PC Summary 02-14-2017 City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 �� FAX (408) 777-3333 Community Development Department �'�a 1Vlayor and City Council Members ]E��a: Benj�nin Fu, Assistant Director of Community Development ��e February 15, 2017 �n�1��o REPORT OF PLANIVING COlVIMISSIOIV DECISIONS MADE lFel�n��L�,�� c�l�n��L�.7L�.�I.%� �¢��9A�9�]C�Il7Cb�I�II�AflII]I.�Il�S�Il ��.��➢1[°��IIlS�.�S¢�]C ��e�fl ��.��nsn��s��e l��fl�e l�ll��nnn��uns�n��a �. ��➢�➢�fl��](�Il1L LT-2016-04, Ching Yi Fu (Easy Way Group), 19449 Stevens Creek Blvd #120 Use permit to allow an existing business (1Vleet Fresh/Tea Chansii) at the main Street Cupertino mixed use development project to extend the hours of operation until 1am ��n��n T`he P1aruling Commission approved the application(s) on a 4-0-1 vote(Paulsen absent). Enclosures: Planning Commission Report February 14, 2017 Plaruzulg Coinmission Resolution(s) 6823 �. A��Ilnc�gg��n M-2017-01,Kevin Fichtner(Kingsmill Group), 19900 Stevens Creek Blvd 1Vlodification to ZJse Permit(29-U-84) to remove a deed restriction limiting the use of the property to a retail furniture store A��n�� The Planning Commission approved the application(s) on a 4-0-1 vote(Paulsen absent). Enclosures: Planning Commission Report February 14, 2017 Plannvlg Comini.ssion Resolution(s) 6824 g:planning/Post Hearing/summan�to cc021417 CQNg1VILJ1VdTX�EVEL,OI'1VIE1V'T I�EPAIZ'T1VV��1V'T I'�,AIVNIIV�1?IiTISION CITY HALL 103Q0 TQRRE AVENUE � CUPERTINO,CA 95014-3255 �� (408)777-330& m FAX(408)777-3333 �� gea�da ll�ate:Februarv 14,2017 S�Jl��flE�7[': Use Permit to consider allowing an existing business (Meet Fresh/Tea Chansu) to operate past 11pm in a mixed use development (Application No.: U-2016-04; Applicant: Ching-yi Fu (Easy Way Group); Owner: Main Street Cupertino Aggregator LLC; Location: 19449 Stevens Creek Blvd;APN: 316-20-112) �ZIE��ll�[l�[IEl�tIl�lE��'�'��l�T: That the Planning Commission approve the Use Permit(U-2016-04) in accordance with the draft resolution. ��S��JSS��1V: Appl�c�t�� ux�mary: Conditional Use Permit (U-2016-04) to allow an existing business to operate past 11 pm in a mixed use development(Main Street). ]�r�jec��atae �ex�e�al]�1��esigr�atio�: Commercial/Office/Residential Specn�l�ea South Vallco Gateway within the Heart of the City S ecial Area � Zoa��a�g➢�esignafion: P(CG, OP,ML, Res) S�pec��ic l�la�: Heart of the Ci S ecific Plan �J�ey$Size: 5,400 s uare feet �Ob1Y'S O��➢eT'�tflOri lPa�oposed A�lo�nred Sunda -Thursda 11:00 a.m.—12:00 a.m. 7:00 a.m.—11:00 .m. Frida &Saturda 11:00 a.m.—1:00 a.m. 7:00 a.m.—11:00 .m. l��o�ect�Co�sist�ncy vvith: General Plan: Yes Zonin : Yes Environmental Assessment: Cate oricall Exem t, Section 15301 (Existin Facilities) U-2016-04 Meet Fresh/Tea Chansii February 14,2017 Sackground: Project Site and Surroundings The 18.7-acre Main Street project is located at the northwest corner of the Stevens Creek Boulevard and Tantau Avenue intersection. The site is bounded by Stevens Creek Boulevard to the south, Tantau Ave to the east, Vallco Parkway to the north, and the Metropolitan mixed-use development to the west. The pro)ect includes: Fi�ure 1: Site Plan of Main Street Cupertino &Business Location ■ Office buildings (260,000 s.f.); �� "'" �'4��'` �°�":��+ ��fi� �, � ., ,�:�,�� --.�-- �g� ��e �� ,Y �f, � � '> ,�� '�YiI .0 �Y lt34 . ' } �'�L d#; � � ■ Parkin ara e 1410 s aces • ' ��. °~��, rr� � '' �`��' � -� �� '�� g g g ( � p )� .�k � �� ,, � � , � � a �,:�� r.,�' .�� `�� a+' - � �� ■ 180-room hotel; � , ��;- �� `��"� � �� :}� �� °' �� '�.� ,�� ,, ' �,, � , a � � �•,' � ' ,��: r�r�� " � �' - ' r � . �, � �� ., �,'; � �`, ■ 120 unit rental Loft Apartments, ��;✓�� ,,,� ;� �� .; �� , � �, 7 .,� r. a � ; ��,3, + � ■ 130,500s.f. of retail develo ment ;� ��"�� ,;-��. -� - �� ,`� �� `�;� ��_�� ', p � � �" _...�> {.�..:�� w ,�... . �' ,.'i � comprising of several retail !�"��'��° i' �°� ��°°' � �-��'� ��-��'��-�'�" �� , �:�a � g ��.��r.j � � ��' :� . . . : � _ _..., buildings, ulcluding buildings ��:�� ° , ;' . '� °. �,--. , �.�- � ., �� ? '�3,'�`d t .� v� �1 1 � �;-'.l"`,7"_,r" '4� �� •i �� ir,.� labeled Shops 1-8 and pads 1-3 �� ' ' � �� '�� S ' �t �VS :'.,t ..J �.t J J:0 aX J,�J J:i. '`y�7 �q i� s..l�.;i.Y J J J J J` �„? � � j �� .t ,+ 3 +` ✓ �{ � '1ea g,.,4rt,� �� .�' � C� � J ��J `'D PJ J J � JJJ.3iJ J JJ�s'v"1'J �� on Figure 1 above, arranged _.-._,�� , , � � .„� y ✓`..J , . � .. ;� , J J��.,��J ,t�l� t 1. aTOU11C1 1 PUbI1C PaTk TOWTl � � ��`�a'' ``�-'`� ' «�u��i��ti+�v��r�:,-a � `� �?-�� i"`� ` �:� � �_'' � _....,,.�. E?��a��%�.�-' .:3 �'�� r .; . �� ; ��„ ,� S square and interior plazas, a ��` �`t W- -� �`y ` �� '� �� »��'� �,��'4� ��.....:�,� flex office/mixed-use building and a major retail building (Target Express). The office and commercial components of the project have been constructed. The loft apartments and hotel are under construction. The two businesses, Meet Fresh and Tea Chansii, have been operating, since spring 2016, in a 5,400 s.f. unit located in the building identified as Shop 8 (blue star in Figure 1 above). Applicant Requests The applicant, Ching Yi Fu, representing the Easy Way Group, is requesting a Use Permit to operate with extended hours of operation. The General Commercial (CG) Ordinance requires that the Planning Commission review and approve requests for hours of operation beyond the hours of 7:00 a.m. and 11:00 p.m. Analysis: Operational Details . Meet Fresh and Tea Chansii are multinational businesses that both have origins in Taiwan. Meet Fresh's focus is desserts while Tea Chansii specializes in assorted tea beverages. No alcohol is served. Both businesses operate in the same unif, sharing floor space and 190 seats in that space. The applicant is requesting approval to expand hours of operation to serve customers until midnight from Sunday to Thursday and unti11:00 a.m. on Friday and Saturday. Employees will remain on site unti12:00 a.m.to clean up. U-2016-04 Meet Fresh/Tea Chansii February 14,2017 Proximity to Residential Use The businesses are located in the Heart of the City Specific Plan Area which is envisioned to serve as a gathering place that supports the creation of 1Vlain Street and downtown �'', environment. Main Street Cupertino encourages commercial and retail use, with supportive I, residential development. The residential portion of the Main Street Cupertino (Loft Apartments) is located in a separate building adjacent north of the businesses. Other residential developments around the Main Street Cupertino development include: 1Vletropolitan ', condominiums are located approximately 160 feet to the west of the project, and the ,, Nineteen800 mixed use development is approximately 75 feet to the north. The operation of the business is subject to the regulations and violations in Cupertino Municipal Code Chapter 10.48: Com3nunit� Noise Control. The following table is a list of the businesses in the South Vallco neighborhood that have expanded hours of operation. l�Tar�e Approved.��xs�omer �[ear lExpan�esl �10S�St�g�Xfl%%tIl�7 tp Ser�v�ce]E�o�rs ��pe�a�g�a�s app�oved ��59��1�$11� �TSe Alexander's Daily December 2015 510 feet(Metropolitan) Stealchouse 7:00 a.nc. to 1:00 a.m. Rootstock Wine Daily July 2015 490 feet(Loft Apartxnents) Bar 8:OOa.m. —1:00 a.m. Eureka! Sunda —Thursda Ma 2015 630 feet Loft A artments � ) Y Y Y p 7:00 a.m. to midni ht $ Friday—Saturday 7:00 a.m. to 1:00 a.m. Steins Beer Sunday-Thursday December 2015 0 feet(Rosebowl) Garden 10:00 a.m. to 11:00 p.m. Friday -Saturday 10:00 a.an. to midni ht Lazy Dog Monday-Safurday July 2014 325 feet (Stevens Creek 11:00 a.m. —1:00 a.m. Village) Sunday 10:00 a.m. -tnidni ht The City has not received any complaints due to the expanded hours of operation for any of the businesses above. Allowing this use to expand hours of operation is also not anticipated to impact any of the residential uses in the project vicinity. A condition of approval has been added to allow the staff to review the operations of the business, and if warranted rescind the expanded hours of operation, in the event that there are ongoing issues with the use. � Security The Cupertino Sheriff's sub-station; located Wlt�llri the development, enforces safety and security throughout the project. A condition of approval has been added to require the U-2016-04 Meet Fresh/Tea Chansii February 14,2017 property owner to address security concerns, in the event that they arise, and reimburse the City, in the event of additional Sheriff's enforcement time. ]El�TV�][g�l�Tl!/[�l�T'�'AlL ASS]E�Sl�i[IEl�T'�' The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because the proposed use occurs within the city limits and is surrounded by existing urban uses. l['gll�]L��1�T�'�'��l�T� ��gJ7['�lE��]][ The following table is a brief summary of the noticing done for this project: ,l�Tot�.�ce ofyl�ublic][�ea�g�g, Sfl$�I�T��fl�� ']Le�al�Adt Agenda � , . R_ r,. ` ` ` ; m Site Signage(at least 10 days prior to hearing) � Posted on the City's official � Legal ad placed in newspaper (at least 10 da�s prior to notice bulletin board (5 days hearing) prior to hearing) a 195 Notices mailed to property owners adjacent to the � Posted on the City of i project site (300 foot) (at least 10 da�s pYior to the Cupertino's Web site (5 da�s hearin ) prior to hearin ) l��Jl�]L�� 1�[l�i[IEI�T�'� Three public comments from adjacent residents with concerns about the potential of noise impacts from the current proposal have been received as of the date of production of this staff report (see Attachment 4). It should be noted that the operator is required to adhere to the requirements of the City's Community Noise Control Ordinance for all activities, including nighttime activities. Any violations of these requirements would be investigated by the City and mitigated by the operator. , ]PIEIL�l�i[�'�' S'�'l[ZlE�V1[]L�1V�l�T�.1��'�' This project is subject to the Permit Streamluvng Act (Government Code Section 65920—65964). The City has complied with the deadlines found in the Permit Streamlining Act. I'roject Received:November 30, 2016 I�eemed �omplete:December 21,2016 Since this project is Categorically Exempt, the City has 60 days (until February 21, 2017) to make a decision on the project. The Planning Commission s decision on this project is final unless appealed within 14 calendar days of the decision. � ��l�T�]L�J��l�T Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapter 19.156 of the Cupertino Municipal Code, may be made. U-2016-04 Meet Fresh/Tea Chansii February 14,2017 l�T]E%`�'S'�'lE]�S All approvals granted by the Planning Commission shall go into effect after 14 days. Should the project be approved, the Planning Commission's decision on this project is final unless an appeal is filed within 14 calendar days of the date of the mailing of the decision. This approval expires on February 14, 2019, at which time the applicant may apply for a one- year extension. Prepared by: Gian Paolo Martire,Associate Planner Reviewed by: Piu Ghosh,Principal Planner Approved by:Benjamin Fu,Assistant Director of Community Development A'�'`�'1��]�][I�i[l E l�T'd'S e 1—Draft Resolution for U-2016-04 2—Floor Plan 3—Business Description 4-Public Comment � U-2016-04 CITY OF CUPERTINO ' 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 1V0. 6824 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVIIVG A USE PERMIT TO ALLOW AlV EXISTING BUSINESS TO OPERATE PAST 11PM IN A MIXED USE DEVELOPMENT SECTIOIV I: PROLECT DESCRIPTIOlV Application No.: U-2016-04 Applicant: Ching-yi Fu (Easy Way Group) Location: 19449 Stevens Creek Blvd. (Main Street Cupertino) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEIZEAS, the Planning Commission of the City of Cupertino received an application for a Use Permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Pl�lnulg Commission has held at least one public , hearing in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act(CEQA); and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Cominission finds as follows with regard to this application: 1. The proposed use, at the proposed location, will not be detrimental or injurious to i property or improvements in the vicinity, and will not be detrimental to the public health, ' safety, general welfare, or convenience; The restaurant is located in the South Vallco Special Area of the Heart of the City Specific Plan Area which is envisioned to serve as a gathering place that supports the creation of a Main- I, Street/downtown like environment. The vision for the area and project site encourages commercial ,, and retail use, with supportive residential development. In addition, the applicant is required to adhere to the City of Cupertino's Noise Ordinance, Chapter10.48: Community Noise Control. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. Resolution No.6824 U-2016-04 February 14,2017 2. 'I`he proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The proposed use complies with the Cupertino General Plan and Municipal Code requirements, including but not limited to, parking regulations, hours of operation and security measures. The conditions of approval furthermore ensure that the use is conducted in a manner that is consistent with the Cupertino General Plan and Municipal Code requirements. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: The application for a Use Permit, Application no. U-2016-04 is hereby recommended for approval and that the subconclusions upon which the findings and conditions specified in this resolution are bas�d and contained in the Public Hearing record concerning Application no. U- 2016-04 as set forth in the Minutes of Planning Commission 1Vleeting of February 14, 2017 and are incorporated by reference as though fully set forth herein. � SECTION III: COIVDITIONS ADMIl�TISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval from Resolution 1Vo. 12-098 and Resolution 1Vo. 14-122 shall remain in effect unless superseded by or in conflict with subsequent conditions of approval, including the conditions contained herein in this resolution. 2. COVENAlVT DISCLOSURE The property is under a Cupertino planned development zoning and property purchasers should check with the City to determine the specific restrictions under the Planned Development Zone and related permits. 3. OPERATIONS a) The businesses shall be operated within the area delineated on the floor plan exhibit. b Service to an ro osed outdoor seatin on the western side of the business facing the ) Y P P g Main Street Park shall be restricted to 11p.m. . c) The businesses are approved to operate Monday-Sunday unti112:00 a.m. . d) Employees are allowed to remain on site for up to one hour after closing. 4. SHERIFF DEPARTIVIENT REVIEW The property owner shall address security concerns in the event that they arise to the satisfaction of the City. The property owner shall pay for any additional Sheriff Resolution No.6824 U-2016-04 February 14,2017 I enforcement time resulting from documented incidents in the development at the City's contracted hourly rate with the Sheriff Department at the time of the incident. The City reserves the right to require additional security patrols and/or other measures as prescribed by the Sheriff's Office or Code Enforcement. 5. MODIFICATION OF BUSINESS OPERATIOlVS Changes to the restaurant operations determined to be minor shall be reviewed and approved by the Director of Community Development. Further,the Director of Community Development is empowered to make adjustments to the operation of the restaurant to address any documented problem or nuisance situation that may occur. 6. REVOCATION OF USE PERMIT '�hhe Director may initiate proceedings for revocation of the Use Permit in any case where, in the judgment of the Director, substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or where the permit is being conducted in a manner detrimental to the public health, safety, and welfare, in accord with the requirements of the municipal code. 7. EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for one year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 8. IlVDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the Cify, its Cify Council, and its officers, employees and agents (collectively, the-"indemnified parties ) from and against any claim, action, or proceeding brought by a third party against „ one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized ! hereby for the project, including (without limitation) .reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys° fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 9. NOTICE OF FEES DEDICATIOIVS RESERVATIONS OR OTHER EXACTIONS I 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 Resolution No.6824 U-2016-04 February 14,2017 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. PASSEI� AlVD ADOPTED this 14th day of February, 2017, at the Regular Meeting of the ' Plarululg Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: CONIMISSIONERS: Chair Sun, Takahashi, Fung, Liu NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none I ABSENT: COMMISSIONERS:Vice Chair Paulsen ! A'TTEST: APPROVED: I�, /s/Ben�amin Fu /s/Don Sun Benjamin Fu Don Sun Assist. Dir. of Community Development Chair, Planning Commission ', DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISI�N CTI'Y HALL 103Q0 TQRRE AVENUE • CUPERTINO,CA 95014-3255 C U P E RT t N O (4�8)777-3308 • FAX(408)777-3333 PLANNING COMMISSION STAFF REPORT Agenda Date:Februar�14, 2017 SUBJECT Modification to a Use Permit 29-U-84 includin consideration of removal of a deed restriction � ) g - r that limits the use of the property. (Application No. M-2017 01; Applicant: Keith Fichtne Kin smill Grou • Owner: 19900 Stevens Creek Blvd. LLC• Location: 19900 Stevens Creek � g p), , Boulevard;APN: 369-05-038) RECOMMENDED ACTION: That the Planning Commission approve the Modification (M-2017-01) in accordance with the draft resolution (Attachment 1). DISCUSSION: Application Summary: Modification to a Use Permit (29-U-84) to remove a deed restriction that limits the use of the property to a retail furniture store. Project Datc�: General Plan Designation Office/Commercial/Residential Special Planning Area Central Stevens Creek Sub-area of the Heart of the City S ecial Plannin Area Zonin Desi nation P (CG, Res) Pro'ect Buildin Area 26,239 S uare Feet (No chan e) Pro'ect Consistenc With: General Plan Yes Zonin Yes Environmental Assessment Categorically Exempt M-2017-01 19900 Stevens Creek Boulevard February 14,2017 �a�lcground: The project site is located at the southern side of Stevens Creek Boulevard, between South Blaney Avenue and South Portal Avenue. The property is located within the Central Stevens Creek Sub-area of the Heart of the City Special Plannulg Area. T`he site is surrounded to the north by primarily commercial and office uses (Cort Furniture, Pacific Workplaces, Travigne retail), to the south by single family residential uses, to the east by a condominium complex (Portal Plaza) and to the west by commercial uses (Arya Restaurant and a gas station.) A 1,700 s.f expansion of the existing building was approved on November 30, 1984 (29-U-84); however, since there was a deficiency in the number of off-street parking spaces required for a General Commercial use as required by the City's Parking Ordinance, conditions of approval were added to restrict the use to furniture retail operators and to provide at least.78 parking spaces (Conditions 18 and 19 of Resolution 2600) (See Attachment 2). The conditions were required because it was determined that a furniture use, which includes warehousing of furniture, does not generate the same parking demand as other types of General Commercial operations. The deed restriction was appropriately recorded prior to final occupancy of the building (Attachment 3). Applicant Request(s): At this time, Keith Fichtner, representing the Kingsmill Group, has submitted an application requesting removal of the previous condition of approval requiring the property owner to record a deed restriction on the parcel limiting the use to furnifixre retail sales (Attachment 4). 1�n�lysis: Scandinavian Furniture is the sole tenant of the building and will be vacating the site shortly. The deed restriction on the properfy lunits the marketability of the site to only furniture uses. In II' , order to allow another type of general commercial operation, the deed restriction needs to be removed. Removal of the deed restriction will require compliance with parking requirements, in accordance with Cupertino Municipal Chapter 19.124: Parking Regulations. The property owner received approval of Architectural and Site Approval (ASA-2016-13) and Tree Removal Permit (TR-2016-35) to allow parking lot modifications, landscape improvements, and the removal and replacement of twenty-one protected development trees to increase the parcel's parking count to conform fo retail standards at an Administrative Hearing on November 10, 2016 (see Table below). 1V�. of spaces Required for General Commercial(1/250sf)uses 105 Current Spaces on site 78 Proposed/Approved (ASA-2016-13,TR-2016-35) 107 Since the recently approved plans provide the adequate amount of parking for general comtnercial uses, the proposed modification to the Use Permit may be approved. However, since the improvements associated with the permits approved in 2016 have not been completed, the i I M-2017-01 19900 Stevens Creek Boulevard February 14,2017 draft resolution includes a condition of approval that requires completion of the improvements and final inspections for the permits prior to removal of the deed restriction. If the property owner applies for other commercial uses, he/she will have to comply with Cupertino Municipal Chapter 19.124: Parking Regulations in addition to receiving appropriate permits for the change of use, if required. It should be noted that the applicant has applied for a General Plan Amendment Authorization (GPAAuth-2016-01) to allow incubator or medical office uses at the site. The item will be heard by the City Council on February 21, 2017. Should the Council authorize staff to proceed working on the project, the subsequent applications including related parking requirements will be presented to the Planning Commission and City Council at a future date. ]El�t�T�][��l�Tl�lEl�t'�'AlL ASS]ESSl�i[]El�`�': The deveiopment permit is categorically exempt from the California Environmental Quality Act (CEQA) per sections 15301 (Existing Facilities)because the proposed modification occurs withul ' an existing facility that is consistent with the General Plan. ]��J]�lL�� l�T�'�'��l�i�&��JTI[�IEA�IH[a The following table is a brief summary of the noticing done for this project: �k . `,l�T�t�ce of]��b1�c lEl[ea��ng� Sl�e-�T�$Il�� L�L'��I'1��[ �gend.� ' r �: � Site Signage (14 days prior to the hearing) � Posted on the City's official notice � Legal ad placed in newspaper (at least 10 days bulletin board (one week prior to the prior to the hearing) hearing) m Notices mailed to property owners adjacent to � Posted on the City of Cupertino's the project site (300 foot) (10 days prior to the Web site (one week prior to the hearin ) hearin ) l['lEl[Zll�[�'�' S'�'l[YIE�i[]L�19T�1�T��'�'. This project is subject to the Permit Streamlining Act (Government Code Section 65920 —65964). The City has complied with fihe deadlines found in the Permit Streamlining Act. I'Yoject I�eceived:January 5, 2017 l�ee�ned Complete:January 24,2017 Since this project is Categorically Exempt, the City has 60 days (until March 24, 2017) to make a decision on the project. The Planning Coinmission's decision on this project is final unless appealed within 14 calendar days of the decision. ��I�T�]LgJSg�l� Staff recommends approval of the modification since the conditions of approval address alI concerns related to the development and all of the findings for approval of the modification, consistent with Chapter 19.168 of the Cupertino Municipal Code,may be made. M-2017-01 19900 Stevens Creek Boulevard February 14,2017 1lTlEX'�' S'�']El�� All approvals granted by the Planning Commission shall go into effect after 14 days. Should the project be approved, the Planning Commission's decision on this modification is final unless an appeal is filed within 14 calendar days of the date of the mailing of the decision. Upon approval, the applicant will be able to submit building permit drawings to enable construction to commence. 'These approvals expire on February 13, 2019, at which time the applicant may apply for a one-year extension. Prepared by: Gian Paolo 1Vlartire, Associate Planner Reviewed by:Piu Ghosh,Principal Planner A roved b : Ben'amin Fu Assistant Director of Communi Develo ment PP Y l . tY p Aarti Shrivastava,Assistant City Manager 1�7["�'A�ff-3[l�lE1�T7['S: 1—Draft Resolution for M-2017-01 2—Use Permit Resolution No. 2600 for 29-U-84 3—Deed Restriction No. 8605849 4—Letter from Keith Fichiner 5—Approved Site Plan (ASA-2016-13, TR-2016-35) M-2017-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUT�OIV 1V0. 6824 OF THE PLANNIlVG COMIVIISSIOlV OF THE CITY OF CU�'ERTINO APPROVIIVG A 1VIODIFICATION TO A TO A USE PEIZMIT(29-U-84) TO RElVIOVE A DEED RESTYZICTION THAT LIMITS THE USE OF THE PROPERTY TO A R�TAIL �URNI'TURE STORE LOCATED AT 19900 STEVEl�TS CREEK BOULEVARD SEC'TION I: PROTECT DESCRIl'TION Application 1Vo.: M-2017-01 Applicant: ICeith Fichtner (Kingsmill Group) Location: 19900 Stevens Creek Boulevard SECTION II: FINDIlVGS FOR DEVELOPMENT PEIZIVIIT WI�EREAS, the Planning Commission of the Cify of Cupertino received an application for the Modification of a Development Permit, as described in Section II of this Resolution; and WI�EREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Coininission has held one or more public hearings on this matter; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA)per sections 15301 (Existing Facilities) because the proposed modification occurs within an existing facility that is consistent with the General Plan; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) The proposed development, 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; The proposed modification to the Use Permit 29-U-84 is contingent upon the corripletion of site improvements that zvill make the parking supply on-site conforming to the standards as required in the City of Cupertino's Municipal Code Chapter 19.124 Parking Regulations. Therefore, the proposed use will not be detrimental to the public health, safety, and welfare. b) The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances. The proposed use complies with the Cupertino General Plan and Municipal Code requirements, including but not limited to, parking regulations. The conditions of approval furthermore ensure that the use is conducted in a tnanner that is consistent with the Cupertino General Plan and Municipal Code requirements. Resolution No.6824 M-2017-01 February 14,2017 Page-2- IVOW, 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 is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 1. The application to modify a iJse Permit, Application IVo. M-2017-01 is hereby ap�roved, 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-2017-01, as set forth in the Minutes of the Planning Commission Meeting of February 14, 2017, and are incorporated by reference as though fully set forth herein. SECTION III: CONDIT'IONS AI�NlINISTERED BY THE COMMUNITY DEVELOPIVIENT DEPT. 1. PREVIOUS COIVDITIONS OF APPROVAL All previous development permit conditions of approval, in accordance with Development Permit 29-U-84 as approved by the Planning Commission on November 30, 1984 shall remain in effect, except as may be amended by the conditions contained in this resolution. 2. REMOVAL OF DEED RESTRICTION REQUIREMElVT Condition 1Vo. 18 of the Planning Commission Resolution No. 2600 pertaining to a deed restriction stating that the building may be used as a retail furniture store only as indicated on the original approved exhibits and as approved by the Planning Commission on November 30, 1984, shall be eliminated as a condition of approval for Use Permit Application 29-U-84. The deed restriction shall be removed from title only when the improvements to the site, in accordance with Architectural and Site Approval (ASA-2016-13) and �I'ree Removal (TR-2016- 35) permits, are ��le�� n�. �n��ll ]L]Cll��➢��ll�Il'�� ll�� e�n�� Il��l to the �� satisfaction of the City's Community Development Department. 3. PARKIlVG REQUIREMENT Condition No. 19 of the Planning Commission Resolution 1Vo. 2600 is eliminated. Applicant shall comply with all provisions of the Cupertino Municipal Code regarding parking. Resolution No.6824 M-2017-01 February 14,2017 Page-3- PASSED AND ADOPTED this 14th day of February 2017, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMIVIISSIONERS: Chair Sun, Takahashi, Fung, Liu 1VOES: COlVIMISSIONEILS:none ABSTAIN: COMMISSIONERS:none ABSEIVT: COM1VlISSIONERS: Vice Chair Paulsen ATTEST: APPROVED: /sBen�amin Fu /s/Don Sun Benjamin Fu Don Sun Assist. Dir. of Community Development Chair, Planning Commission �