M-2010-03b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE PVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 77Z-3366
October 7, 2010
Jane Vaughan
Cupertino Housing Partners, LLC
c/o Menlo Equities
490 California Ave., 4th Floor
Palo 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 Cupertino 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 the 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 medi cal use, the applicant and City staff will work together
to determine the correct parking count for surface parking and underground
parking
• Denied the tentative map (TM-2C 10-03) 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 ADMINISTERED BY THE COMMLTNITY DEVELOPMENT
DEPT.
1. MODIFICATION TO USES ALLOWEI
a. Non-retail commercial uses may occupy a maximum of 60% (3 of the 5 existing tenant
spaces) of the 6,400 square foot ret�il 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 iuiits in Building B(40% of the total retail space) shall
be permitted to be occupied by medi�al office use; the remairiing 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 hz ve the flexibility to also be used for retail commercial
uses.
2. PARKING
Employees of the commercial spaces s Zall be required to park in the existing available and
unused parking spaces in the undergrotnd parking garage of Building B that were originally
designed for use by the office complex. No more than seven (7) of these spaces may be used to
accommodate employee parking for the �;ommercial spaces with the provision that such parking
spaces are to be striped for commercial employee parking only to ensure that the surface parking
is made available to customers of the co:nmercial uses only, and that these requirements will be
incorporated into the CC&Rs.
3. COVENANT RECORDATION
A covenant shall be submitted for revieti✓ and approval by the City and shall be recorded on the
property, stating that this property is under a Planned Development Zone of the City of
Cupertino. Purchasers of the property are advised to check with the City of Cupertino to find
out the specific restrictions under the Pla:uied 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, R�;SERVATIONS 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 c�nstitute written notice of a statement of the amount of
such fees, and a description of the dec'_ications, 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 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 �e legally barred from later challenging such exactions.
That the subconclusions upon which the fi�idings and conditions specified in this Resolution are
based are contained in the Public Hearing re�;ord concerning Application M-2010-03, as set forth in
the Minutes of the Planning Commission Meeting of September 28, 2010 and are incorporated by
reference herein.
The Exception to the Heart of the City cond.tions are as follows unless amended above:
SECTION III: CONDITIONS ADMINIS"I'ERED BY THE COMMUNITY DEVELOPMENT
DEPT.
4. EXCEPTION TO THE HEART OF THF. CITY SPECIFIC PLAN
a. Non-retail commercial uses may oc :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 rf tail uses only.
b. Non-retail commercial units shall have the flexibility to also be used for retail commercial
uses.
2. NOTICE OF FEES, DEDICATIONS, R�;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 dec.ications, reservations, and other exactions. You are
hereby further notified that the 90-day 3pproval 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 protesl within this 90-day period complying with all of the
requirements of Section 66020, you will �e legally barred from later challenging such exactions.
That the subconclusions upon which the fi�idings and conditions specified in this Resolution are
based are contained in the Public Hearing re�:ord concerriing Application EXC-2010-03, as set forth
in the Minutes of the Planning Commission :vleeting of September 28, 2010 and are incorporated by
reference herein.
Please review conditions carefully. If y��u have any questions regarding the conditions of
approval, please contact the Departmen�: of Community Development at 408-777-3308 for
clarification. Failure to incorporate conc itions into your plan set wili result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices �ire installed.
Tlte conditions of project approval set . fortlz Izerein may include certain fees, dedication
requirements, reservation requirements, a�zd ot/zer exactions. Pursua�tt to Govern�nent Code
Section 66020(d)(1), tlzese conditions constitute written notice of a state»zent of tlze a�nou�zt of
such fees, and a description of the dedications, reservatio�zs, and otlzer exactions. You are
hereby furtlzer �zotified that tlze 90-day a��proval period in wlziclz you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), Izas begun. If
you fail to file a protest within tlzis 90-dccy period complying with all of tlze requirements of
Sectio�z 66020, you will be legally barred fr��m later chatlenging such exactions.
Any interested person, including the ap��licant, prior to seeking judicial review of the city
council's decision in this matter, must firs! file a petition for reconsideration witli tl:e city clerk
witl:in ten days after the council's decision. Any petition so filed must comply witli municipal
ordinance code �2.08.096.
This letter will serve as your final Use Permit.
Sincerely:
.
€� � '�"-.G`--'
Grace Schmidt
Deputy City Clerk
cc: Community Development
M-2010-03
CITY OF CUPERTINO
10300 T� �rre Avenue
Cupertino, ��alifornia 95014
RESOLUT ION NO. 6607
OF THE PLANNING COMMISSION OF T HE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A MODI]�ICATION TO A USE PERMIT
(U-2003-04) TO ALLOW ADDITIOI`1AL COMMERCIAL USES IN A RETAIL
RESTRICTED COMMEI.CIAL BUILDING SPACE AT
19501 & 19505 STEVENS CREEI: BOULEVARD (METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2010-03
Applicant: Jane Vaughan (Cupertino H�using Partners, LLC)
Location: 19501 & 19505 Stevens Creel: Boulevard (APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
modification to a Use Permit (Chapter 19.124 of the Cupertino Municipal Code), as described in this
Resolution; and
WHEREAS, the necessary public notices have beE�n given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Convnission has held one or more public hearings on this
matter; and
WHEREAS, the Planning Commission finds the following with regards to this application:
a) 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;
b) The proposed use will be located and con ducted in a manner in accord with the Cupertino
Comprehensive General Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the use permit modification is hereby recommended for approval subject to the conditions which
are enumerated in this Resolution.
SECTION III: CONDITIONS ADMINISTERED B'C THE COMMUNITY DEVELOPMENT DEPT.
1. MODIFICATION TO USES ALLOWED
a. Non-retail commercial uses may occupy a maxunum of 60% (3 of the 5 existing tenant spaces) of
the 6,400 square foot retail space along StE vens Creek Boulevard and shall be limited to Building
B. Building A(the remaining 40% of the cc�mmercial space) shall remain for retail uses only.
b. No more than two of the non-retail unit�� in Building B(40% of the total retail space) shall be
permitted to be occupied by medical office use; the remaining unit in Building B may be occupied
by a non-retail use as long as the parking requirements can be met.
c. Non-retail commercial units shall have the flexibility to also be used for retail commercial uses.
Resolution No. 6607 M-2(110-03 September 28, 2010
Page 2
2. PARKING
Employees of the commercial spaces shall be required to park in the existing available and unused
parking spaces in the underground parking g arage of Building B that were originally designed for
use by the office complex. No more than se��en (� of these spaces may be used to accommodate
employee parking for the commercial spaces with the provision that such parking spaces are to be
striped for commercial employee parking only to ensure that the surface parking is made available to
customers of the commercial uses only, and that these requirements will be incorporated into the
CC&Rs.
3. COVENANT RECORDATION
A covenant shall be submitted for review an3 approval by the City and shall be recorded on the
property, stating that this property is under a Planned Development Zone of the City of Cupertino.
Purchasers of the property are advised to check with the City of Cupertino to find out the specific
restrictions under the Planned Development Z�ne and related permits.
The covenant shall be recorded prior to issuan�:e of final occupancy of the vacant tenant space.
4. NOTICE OF FEES, DEDICATIONS, RESERVA'TIONS OR OTHER EXACTIONS
The Conditions of Project Approval set i'orth 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 �vith all of the requirements of Section 66020, you will
be legally barred from later challenging such e:cactions.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
are contained in the Public Hearing record concenung Application M-2010-03, as set forth in the Minutes
of the Planning Commission Meeting of Septembe ° 28, 2010 and are incorporated by reference herein.
PASSED AND ADOPTED this 28th day of Sep tember 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the follo�n�ing roll call vote:
AYES: COMMISSIONERS: Chairperson Brc�phy, Miller, Kaneda
NOES: COMMISSIONERS: Vice Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Bro�hv
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
G: /Planning/PDREPORT/RES/2010/M-2010-03 res.doc
CITY OF CUPERTINO
NEGATIVE �ECLARATION
As provided by the Environmental Assessment Procedure adopted by the City Council
of the City of Cupertino on May 27,1973, :�nd amended on March 4,1974, January 17
1977, May 1,1978, and July 7,1980, the fol �owing described project was granted a
Negative Declaration by the City Council �f the City of Cupertino on October 5, 2010
PROJECT DESCRIPTION AND LOCAT [ON
Application No.: M-2010-03, EXC-2010- 03, TM-2010-03 (EA-2010-04)
Applicant: Jane Vaughan (Cuper tino Housing Partners, LLC)
Location: 19501,19503,19505,1'a507 Stevens Creek Blvd
DISCRETIONARY ACTION REQUEST
Modification to a Use Permit (U-2003-04) to allow general commercial uses at an
existing mixed-use project (Metropolitan �.t Cupertino);
Exception to the Heart of the City Specific plan to allow non-retail uses to exceed 25
percent of the total building frontage alon,; Stevens Creek Boulevard;
Tentative Map to subdivide an existing gr��und floor commercial space into 5
commercial condominiums
FINDINGS OF DECISIONMAKING BQ DY
The City Council granted a Negative Decl��ration since the project is consistent with the
General Plan and there are no significant E�nvironmental impacts.
/ s/ Aarti Shrivastava
Aarti Shrivastava
City Planner
CERTIFICATE OF THE CITY CLERK
This is to certify that the above Negative I)eclaration was filed in the Office of the City
Clerk of the City of Cupertino on 1 �-6-2010
/ s / Kim Smith
City Clerk
g/erc/negEA201004