TM-2010-03b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE:, (4J8) 777-3223 • FAX: (408) 777.-3366
October 7, ZO10
Jane Vaughan
Cupertino Housing Partners, LLC
c/o Menlo Equities
490 Califomia Ave., 4th Floor
Pa10 Alto, CA 94306 _
Re: Modification of an existing mixed-u�e development located at 19501-19507 Stevens Creek
Boulevard (Metropolitan)
Dear Ms. Vaughan:
At its October 5, 2010 meeting, the Cupertin� City Council made the following action:
• Approved a negative declaration
• Approved modification to the use permit (M-2010-03) and exception to the Heart of the
City Plan (EXC-2010-03) with th� following conditions:
o To allow up to 40% of the total retail space as non-retail restricted to building B
� o If the non-retail is a medical use, the applicant and City staff will work together
to determine the co.rrect parking count for surface parking and underground
parking
• Denied the tentative map (TM-2010-03) and directed the applicant to work with staff to
reconcile the Department of Real Estate paperwork with the original approval, which
gave them two retail condos
The modification to the use permit conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINIS TERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. MODIFICATION TO USES ALLOWEI
a. Non-retail commercial uses may oc�upy a maxunum of 60% (3 of the 5 existing tenant
spaces) of the 6,400 square foot retail space along Stevens Creek Boulevard and shall be
limited to Building B. Building A(the remaining 40% of the commercial space) shall
remain for retail uses only.
b. No more than two of the non-retail �uuts in Building B(40% of the total retail space) shall
be permitted to be occupied by medi :al office use; the remaining unit in Building B may be
� occupied by a non-retail use as long �.s the parking requirements can be met.
c. Non-retail commercial units shall have the flexibility to also be used for retail commercial
uses.
2. PARKING
Employees of the commercial spaces sliall be required to park in the existing available and
unused parking spaces in the underground parking garage of Building B that were originally
designed for use by the office complex. [�o more than seven (7) of these spaces may be used to
accommodate employee parking for the c:ommercial spaces with the provision that such parking
spaces are to be striped for commercial e:nployee parking only to ensure that the surface parking
is made available to customers of the cornmercial uses only, and that these requirements will be
incorporated into the CC&Rs.
3. COVENANT RECORDATION
A covenant sha11 be submitted for reviev�� and approval by the City and shall be recorded on the
property, stating that this property is ander a Planned Development Zone of the City of
Cupertino. Purchasers of the property a-e advised to check with the City of Cupertino to find
out the specific restrictions under the Pla�uled Development Zone and related permits.
The covenant shall be recorded prior to i� suance of final occupancy of the vacant tenant space.
4. NOTICE OF FEES, DEDICATIONS, RF;SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval s�t forth herein may include certa.in fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions c��nstitute 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 ;ipproval period in which you may protest these fees,
dedications, reservations, and other exac:ions, 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 l�e legally barred from later challenging such exactions.
That the subconclusions upon which the fir:dings and conditions specified in this Resolution are
based are contained in the Public Hearing rec.ord concerning Application M-2010-03, as set forth in
the Minutes of the Planning Commission M�eting of September 28, 2010 and are incorporated by
reference herein.
The Exception to the Heart of the City conditions are as follows unless amended above: �
SECTION III: CONDITIONS ADNIlNIS BY THE COMMUNITY DEVELOPMENT
DEPT.
4. EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN
a. Non-retail commercial uses may occ;upy a maximum of 60% (3 of the 5 existing tenant
spaces) of the store frontage of the 6,400 square foot retail space along Stevens Creek
Boulevard and shall be limited to ]3uilding B. Building A(the remaining 40% of the
commercial space) shall remain for retail uses only.
b. Non-retail commercial units sha11 ha��e the flexibility to also be used for retail commercial
uses.
2. NOTICE OF FEES, DEDICATIONS, RF,SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval s�;t forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions c��nstitute 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 :�pproval period in which you may protest these fees,
dedications, reservations, and other exac:ions, 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 l�e legally barred from later challenging such exactions.
That the subconclusions upon which the fu�dings and conditions specified in this Resolution are
based are contained in the Public Hearing rec;ord concerriing Application EXC-2010-03, as set forth
in the Minutes of the Planning Commission l✓Ieeting of September 28, 2010 and are incorporated by
reference herein.
Please review conditions carefully. If yc�u have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development con 3itions require tree preservations, do not clear the
site until required tree protection devices ��re installed.
The co�zditions of project approval set �`ortlz Iierein may include certaili fees, dedication
requirements, reservation requirements, aatd otlzer exactions. Pursua�Zt to Govern�nent Code
Section 6602D(d)(1), these conditions cons��itute written notice of a statement of the a�nou�zt of
sucla fees, and a description of the dedic ztions, reservations, and other exactions. You are
Izereby further notified tlzat t/ze 90-day aF proval period in wlzich you may protest tlzese fees, ,
dedications, and otlzer exactions, pursua�zt ,`o Government Code Section 66020(a), lias begun. If
you fail to file a protest within tlais 90-day period complying with all of tlie requirements of
Section 66020, you wilt be legally barred frc m later challenging such exactions.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration witlz the city clerk
within ten days after the council's decisio�t. Any petition so filed must comply witl: municipal
ordinance code §2.08.096.
This letter will serve as your final Use Permi� .
Sincerely:
.
�� � �`-.(i�
Grace Schmidt
Deputy City Clerk
cc: Community Development
TM-2010-03
CITY OF CUPERTINO
10300 T �rre Avenue
Cupertino, �alifornia 95014
RESOLUTION VO. 6609 (DENIAL)
OF THE PLANNING COMMISSION OF "HE CTTY OF CUPERTINO RECOMMENDING
DENIAL OF A TENTATIVE MAP TO CREAr'E FIVE COMMERCIAL CONDOMINIUM UNITS
WITHIN A 6,400 SQUARE FOOT COMMER��IAL SPACE AT 19501 & 19505 STEVENS CREEK
BOULEVARD (METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2010-03
Applicant: Jane Vaughan (Cupertino Hou�:ing Partners, LLC)
Location: 19501 & 19505 Stevens Creek B�ulevard (APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a tentative map to
subdivide an existing ground floor commercial space in to five commercial condominiums; 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 o�le or more public hearings on this matter; and
WHEREAS, the applicant has not met the burden oi� proof required to support said application; and has not
satisfied the following requirements:
a� The proposed map is consistent with the City's Ger eral Plan and Heart of the City Specific Plan; and
b� The proposed map will not be injurious to prope rty or improvements in the area nor be detrimental to the
public health and safety.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits testimony and other evidence submitted in this matter, the
Tentative Map titled "Metropolitan at Cupertino Tentative Map, City of Cupertino, Santa Clara County,
California," dated September 3, 2010, consisting of fivf� sheets labeled TM-1 through TM-5, including a title sheet,
tentative map sheet, grading plan, utility plan, and exi;;ting easement plan, is hereby recommended for denial due
to concerns about enforcement of conditions of appro��al, maintenance of public areas and in particular the plaza
and the anticipated effect on future uses.
That the subconclusions upon which the findings a nd conclusions specified in this resolution are based are
contained in the public hearing record concerning Ap plication No. TM-2010-03 as set forth in the Minutes of the
Planning Commission Meeting of September 28, 2010, and are incorporated by reference as though fully set forth
herein.
PASSED AND DENIED this 28th day of September 20 l0, at a Regular Meeting of the Planning Commission of the
City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Broph:�, Vice Chair Lee, Kaneda, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
/s/Aarti Shrivastava _,�s/Paul Brophy
Aarti Shrivastava I'aul Brophy, Chair
Director of Community Development Planning Commission
G: /Planning/PDREPORT/RES/2010/TM-2010-03denial.doc
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