Reso 6916 M-2020-002
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6916
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT
MODIFICATION TO AN EXISTING USE PERMIT (U-2004-01)
TO AMEND THE CONDITIONS OF APPROVAL TO ALLOW
100% NON-RETAIL COMMERCIAL USES WHERE ONLY 50%
IS CURRENTLY ALLOWED LOCATED AT
20130 STEVENS CREEK BOULEVARD (APN: 369-56-001)
The Planning Commission recommends that the City Council:
1. Determines that the Project is exempt from CEQA pursuant to CEQA Guidelines
sections 15301, Class 1 exemption appling to existing facilities that involve negligible or
no expansion of existing or former use. The proposed project allows a use within an
exisiting building that is consistent with zoning and will not significantly expand the use
beyond the current use that already exists and will not have a significant effect on the
environment.
2. Approves the application for a Modification to Use Permit, as set forth in the
attached draft resolution: Use Permit Modification (M-2020-002).
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 26th day of January 2021, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Wang, Takahashi, Fung, Kapil
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saxena
ATTEST: APPROVED:
Piu Ghosh R Wang
Planning Manager Vice Chair, Planning Commission
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A USE PERMIT MODIFICATION TO AN EXISTING USE
PERMIT (U-2004-01) TO AMEND THE CONDITIONS OF APPROVAL
TO ALLOW 100% NON-RETAIL COMMERCIAL USES WHERE ONLY
50% IS CURRENTLY ALLOWED LOCATED AT 20130 STEVENS CREEK
BOULEVARD (APN: 369-56-001)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2020-002
Applicant: Catherine Chen
Property Owner: Cupertino Adobe, LLC
Location: 20130 Stevens Creek Blvd. (APN #369-56-001)
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City of Cupertino received an application for a Use Permit Modification
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 Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301, for the reasons
set forth in the staff report dated January 26, 2021 and incorporated herein; and
WHEREAS,the applicant has met the burden of proof required to support the application
for a Use Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
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;
Given that the project is consistent with the densities and land uses as allowed in the General
Plan, Zoning Ordinance, and Heart of the City Specific Plan, the project 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 development will be located and conducted in a manner in accord with
the Cupertino General Plan and the purpose of the City's zoning ordinances.
The proposed development is in conformance with the Cupertino General Plan, Municipal
Code, and Heart of the City Specific Plan Requirements since the Project is consistent with the
existing land use designations (Commercial, Residential), Municipal Code requirements,
including but not limited to, parking regulations, open space, density.
NOW, THEREFORE,BE IT RESOLVED that the City Council takes the following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines sections 15301 based on the following evaluations:
■ The Class 1 exemption applies to existing facilities that involve negligible or no
expansion of existing or former use. The proposed project allows a use within an
exisiting building that is consistent with zoning and will not significantly expand the
use beyond the current use that already exists and will not have a significant effect on
the environment.
2. Approves the application for a Modification to Use Permit, Application no. M-2020-002
subject to the conditions which are enumerated in this Resolution beginning on PAGE 3
thereof. The conclusions and subconclusions upon which the findings and conditions
specified in this resolution are based, including those contained in the Public Hearing
record concerning Application no. M-2020-002 as set forth in the Minutes of Planning City
Council Meeting of February 16,2021, are hereby incorporated by reference as though fully
set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and
correct and are included herein by reference as findings.
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 throughout the approximately 2,400 square foot
commercial building space, regardless of changes to property ownership, General
Commercial uses as defined and as limited by the Cupertino Municipal Code Section
19.60 (General Comercial (CG) zoning district) and the Heart of City Specific Plan.
2. INDEMNIFICATION AND LIMITATION OF LIABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
"indemnified parties") from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
"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 related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and
costs shall include amounts paid to the City's outside counsel 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. The applicant shall
likewise agree to indemnify, defend, and hold harmless the indemnified parties from
and against any damages, attorneys' fees, or costs awards, including attorneys' fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of February, 2021, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Kirsten S uarcia, City Clerk Date
1329498.1