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PC Summary 04-26-05 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: April 28, 2005 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE April 26, 2005 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the Plannin Commission 1. Application M-2005-0l; Tom Sloan (Wolf Camera/Wildflower Condominiums), 1375 De Anza Blvd. Description Modification to delete a condition of approval that requires providing additional parking stalls on the adjacent property for use permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building) Action The Planning Commission approved the application on a 4 - 0 vote. The fourteen-calendar day appeal will expire on May 10, 2005. Enclosures: Planning Commission Report of April 26, 2005 Planning Commission Resolution No. 6297 g.vlanning/Post Hearing/summary to cc04-26-05 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-01 Applicant: Tom Sloan Owner: Gregg Bunker Location: 1375 South De Anza Boulevard Agenda Date: April 26, 2005 Application Summary: Modification to delete a condition of approval that requires providing additional parking stalls on the adjacent property for use permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building). RECOMMENDATION: Staff recommends that the Planning Commission modify the condition in accordance with the attached model resolution. BACKGROUND: On April 12, 2005, the Planning Commission considered the application and continued the item with the following directions for staff: . Review the applicant's suggestion to modify the condition to require either paving of 20 additional stalls on the adjacent commercial property or pay the adjacent property owner (Yamagami Trust) the equivalent funds to improve the parking lot; and . Examine other alternatives. The Commission urged the applicant to come to resolution with the adjacent property owner with regard to the parking easement issues and asked for written documentation explaining the suggested condition modification language. DISCUSSION: Staff has not received any written explanation or other alternatives from the applicant since the last Commission hearing. Since the parking easement involves two private parties, the City cannot dictate the terms and conditions of the private agreement. The suggested modification language presented to the Commission by the applicant's counsel at the previous hearing would require the Commission to dictate the terms of a private agreement. Therefore staff is not supportive of it. At this time staff recommends that the Planning Commission: Modify the condition to require the applicant to work with the adjacent commercial property owner to clarify the parking easement language by obtaining a written I-I Applications: M-2005-01 Wolf Camera Mixed-Use April 26, 2005 confirmation from the Yamagami Trust (or representatives thereof) in accordance with the attached model resolution. The applicant has other options to pursue outside of the City's purview. Short of obtaining an agreement with the adjacent property owner, the applicant can take the matter to court and obtain an interpretation from the court on the meaning of the parking easement recorded on the property. The applicant could also ask a Title Company to insure that the subject property has no parking easement encumbrance on it (title insurance). Staff is unsure if the Title Company will be willing to issue the insurance given the ambiguity of the parking easement language. However, if the applicant can obtain such insurance, the City shall be named as the beneficiary. Enclosures: Model Resolution Planning Commission Staff Report, April 12, 2005 Submitted by: Gary Chao, Associate Planner ~I Approved by: Steve Piasecki, Director of Community Developme~ 1-ó0 2 M-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U- 2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING). SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: M-2005-01 Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a 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 not 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 to a Use Permit (U-2003-03) is hereby approved. That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). M-2005- \- :, Resolution No. Page 2 M-2005-01 April 26, 2005 01, as Set forth in the Minutes of the Planning Commission Meeting of April 12, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 13. INCIDENTAL PARKING: The applicant shall provide at least 20 aàditional stalls OR the adjaccnt eomrnereial property (to help offsct tRe ineideRtal parki-r.g stalls èeing displaeeEl as part of tflis projed) prior to issuance of buildiRg permits. The final parking plan shall elosely approximate the conceptual parking plan submitted ey tRe Mctro Design Croup ElateEl July 1 i, 2003 and shall be submitted to thc Planning Department for revic'l{ anà approval obtain a written confirmation from the Yamagami Trust (or representatives thereof) that they have no obiections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. PASSED AND ADOPTED this 26th day of April 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission \-4 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-01 Applicant: Tom Sloan Owner: Gregg Bunker Location: 1375 South De Anza Boulevard Agenda Date: April 12, 2005 Application Summary: Modification to delete a condition of approval that requires providing additional parking stalls on the adjacent property for use permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building). RECOMMENDATION: Staff recommends that the Planning Commission modify the condition in accordance with the attached model resolution. BACKGROUND: On July 14, 2003, the Planning Commission approved the 6 new condominium units toward the rear of the project site and approximately 1,825 square feet of new retail space on the existing Wolf Camera building (U-2003-03). The project proposes 34 parking stalls in the parking garage (33 currently exist on the site) shared by the retail and the residential uses. Currently, there are ingress, egress and parking easements between the two properties. Even though the two properties function independently in terms of parking and use, both property owners have mutually agreed to share any incidental or inadvertent customer parking. Sharing access and incidental parking is a common occurrence between commercial properties with shared parking lot access or driveways. The adjacent property owner (Yamagami Trust) was concerned that the proposed development on the Wolf Camera site may compromise their customer's ability to park on that site. DISCUSSION: The 6 new condominiums and 1,825 square foot commercial addition requires 20 parking stalls (2 stalls per unit & 1 stall per 250 square feet). The project was required to provide 20 extra parking stalls, prior to the issuance of building permits, (beyond the 34 stalls proposed) either on the project site or on the adjacent commercial property to offset the potential displacement of the incidental parking privilege (Condition #13). The applicant is now requesting the deletion of this condition. To satisfy the concerns of the adjacent property owner, staff recommends the condition be modified to require the applicant to obtain a written confirmation from the Yamagami Trust that they have no objections to the project as planned. \-s M-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U- 2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING). SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: M-200S-01 Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a 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 not 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 to a Use Permit (U-2003-03) is hereby approved. That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). M-2005- 1-1- Resolution No. Page 2 M-2005-01 April 12, 2005 01, as Set forth in the Minutes of the Planning Commission Meeting of April 12, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 13. INCIDENTAL PARKING: The applicant shall providc at least 20 adElitional stalls on the adjacent commercial property (to Relp offset thc iReiàental parkir.g stalls being displaeeà as part of this projeet) prior to issuancc of Buildiflg rermits. The fiRal parkiRg plan shall closely appro¡cHnate the eenceptual parking plan sUBmitted BY the Metro DesigTI Croup dated July 1 1, 299~ and shall be sUBmitted to the Planning Department for re'/iew aRd aprroval obtain a written confirmation from the Yamagami Trust (or representatives thereof) that they have no objections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. PASSED AND ADOPTED this 12th day of April 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission 1-"6 U-2003-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6196 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 6 CONDOMINIUM UNITS AND ADD 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING. SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: U-2003-03 (EA-2003-06) Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for 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 RFSOL VED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit and Exception 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 are contained in the public hearing record concerning Application No(s). U-2003-03 (EA-2003-06), as set forth in the Minutes of the Planning Commission Meeting of July 14, 2003, and are incorporated by reference as though fully set forth herein. \-9 Resolution No. 6196 Page 2 U-2003-03 July 14, 2003 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Mixed Use Project, 1375 S. De Anza Blvd. dated May 21, 2003 including sheets AO - A9, C-1, 11 - L2 and the parking lot plan submitted at the Planning Commission meeting on July 14, 2003, except as may be amended by the Conditions contained in this resolution. 2. 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. 3. FENCING PLAN: The approved project does not include any perimeter fences. If new fencing is proposed, the applicant shall submit a fence plan to the Design Review Committee for review and approval prior to issuance of building permits. In order to replace the perimeter fences, proof of consent or authorization from the adjoining neighbors must be submitted to the City prior to approval. 4. LANDSCAPING PLAN: A revised landscaping plan shall be submitted to the Design Review Committee and the City's Arborist Consultant for review and approval. The project shall comply with any recommendations and conditions specified by the City's Arborist Consultant with. 5. SIDEWALK PLAN: The final sidewalk plan shall be reviewed and approved by the Public Works Department and the City's Arborist Consultant prior to issuance of building permits. 6. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R's): A copy of the CC& R's for the project shall be reviewed and approved by the City Attorney prior to approval of the final map. A legal description of the side/rear yard easements proposed between homes must also be submitted to the City Attorney's Office for review and approval prior to the final map approval. \-\0 Resolution No. 6196 Page 3 U-2003-03 July 14, 2003 7. PARKING GARAGE: According to the parking analysis prepared by Fehr and Peers, the first three stalls on the south side of the property (closest to Wildflower Way) at both ends of the parking area shall be designated for residential parking only. The rest of the stalls shall be left open to provide parking to the residential and retail vehicles. Any automobile maintenance, repair, and washing activities (or similar activities) shall not be permitted in the parking garage and along Wildflower Way. 8. ARCHITECTURAL CHANGES: The applicant must revised the architectural plans to reflect the following changes: a. A trellis/ arbor element with vines shall be proposed along the north elevation of the commercial building to relieve the plain wall along the ll-foot driveway. The design and the material of the trellis/ arbor shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. b. The blank wall area above the storefront at the northeast corner of the commercial building shall be enhance either by a shaped element or a sun canopy. Matching shaped element or sun canopy shall also be introduced on the south building elevation. The final enhancement solution shall be reviewed and approved by the Design Review Committee prior to issuance of building permiæ. . c. The stoop heights shall be reduced to no higher than three and half feet above the adjacent sidewalk grade. The revised plans shall be reviewed and approved by the Design Review Committee prior to the issuance of the Final Map. 9. SIGNAGE: No signs are approved as part of this application. A master sign program consistent with the City's Sign Ordinance shall be submitted to the Planning Department for review and approval prior to issuance of building permits. The large non-conforming freestanding sign at the corner of S. De Anza Blvd. and Wildflower Way shall be either be removed or be revised to be consistent with the City's Sign Ordinance. 10. CONSTRUCTION MANAGEMENT PLAN: A Construction Management Plan shall be submitted to the Community Development Department for review and approval prior to issuance of the building permits. The plan shall provide provisions for the following: a. Construction Vehicle Routing Plan: The construction vehicle routing plan shall indicate that no construction vehicles shall access the project site by driving through the adjacent commercial properties via the driveway off of De Anza Blvd. or by cutting through adjacent residential neighborhoods (Wildflower Way and I-I \ Resolution No. 6196 Page 4 U-2003-03 July 14, 2003 Poppy Way). All construction vehicles shall use the Wildflower Way driveway to access the project site. b. Construction Equipment Staging Plan: The construction equipment-staging plan shall clearly indicate where the equipments will be staged during construction to the satisfaction of the Community Development Department. Construction loading/ unloading area shall occur on the driveway area between the existing Wolf Camera building and the proposed condominium building. Any landscaping and trees removed to create the staging area, shall be replaced by field grown trees (in number and in kind with the species removed). c. Dust Control: The project shall utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in the grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on-site. d. Patron Parking: Alternative parking plan indicating alternative off-site parking locations for Wolf Camera employees and construction workers during project construction shall be submitted to the Planning Department for review and approval prior to issuance of building permits. Interim Wolf Camera customer parking shall be along Wildflower Way during the project construction. The parking improvements on the adjacent property shall be completed prior to construction of the proposed project. 11. ROOFTOP MECHANICAL EOUIPMENTS: All roof top mechanical equipments shall be completely screened from public views. 12. INDEMNITY AGREEMENT: The applicant shall submit an agreement to the satisfaction of the City Attorney indemnifying the City from any legal actions associated with the interests of the adjoining property owner (Yamagami Trust) relating to parking and circulation on the subject property. The agreement shall be reviewed and approved by the City Attorney prior to issuance of building permits. 13. INCIDENTAL PARKING: The applicant shall provide at least 20 additional stalls on the adjacent commercial property (to help offset the incidental parking stalls being displaced as part of this project) prior to issuance of building permits. The final parking plan shall closely approximate the conceptual parking plan submitted by the Metro Design Group dated July 14, 2003 and shall be submitted to the Planning Department for review and approval prior to issuance of building permits. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING: Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. j-- ;l Resolution No. 6196 Page 5 U-2003-03 July 14, 2003 2. CURB GUTTER AND SIDEWALK IMPROVEMENTS: Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. The sidewalk on S. De Anza Blvd. shall be relocated as illustrated on the site plan (Sheet A-1). 3. STREET LIGHTING INSTALLATION: Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT: Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS: Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES: Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 7. GRADING: Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and! or Regional Water Quality Control Board as appropriate. 8. DRAINAGE: Drainage shall be provided to the satisfaction of the Oty Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 9. FIRE PROTECTION: Fire sprinklers shall be installed in any new construction to the approval of the Oty. 10. UNDERGROUND UTILITIES: The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the Oty of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. \-I~ Resolution No. 6196 Page 6 11. IMPROVEMENT AGREEMENT: The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. U-2003-03 July 14, 2003 Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost or $2,300.00 minimum $ 6% of On and Off-Site Improvement Costs $ 1,000.00 Paid .. NjA $54,000.00 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights. 12. TRANSFORMERS: Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 13. BEST MANAGEMENT PRACTICES: Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on-site. 14. WORK SCHEDULE: A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 15. TRASH ENCLOSURES: The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. \ -Ii\- Resolution No. 6196 Page 7 U-2003-03 July 14, 2003 CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Isl Ralph Oualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 14th day of July, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Miller, Wong, Vice-Chair Saadati and Chairperson Chen COMMISSIONERS: Corr COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G,\Planning\PDREPORT\RES\ U-2003-03res.doc \-\5 M-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6297 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U- 2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING). SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: M-2005-01 Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a 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 not 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 to a Use Permit (U-2003-03) is hereby approved. That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). M-2005- Resolution No. 6297 Page 2 M-2005-01 April 26, 2005 01, as set forth in the Minutes of the Planning Commission Meeting of April 26, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 13. INCIDENTAL PARKING: The applicant shall obtain a written confirmation from the Yamagami Trust (or representatives thereof) that they have no objections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. PASSED AND ADOPTED this 26th day of April 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Giefer; Vice-Chair Miller, Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: Chen COMMISSIONERS: ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development /s/ Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission G:I Planning I PDREPORTI RES I M-200S-OJ res.doc