103-B. City Council Action Letter of October 7, 2010.pdfATTACHMENT B
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
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 -use 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 medical 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-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 ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
MODIFICATION TO USES ALLOWED
a. Non -retail commercial uses may occupy a maximunn 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 units 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.
2. PARKING
Employees of the commercial spaces shall 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. No more than seven (7) 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 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 Planned Development Zone and related permits.
The covenant shall be recorded prior to issuance of final occupancy of the vacant tenant space.
4. 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.
That the subconclusions upon which the findings and conditions specified in this Resolution are
based are contained in the Public Hearing record 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 I heart of the City conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
nu'pi,
4. EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN
a. Non -retail commercial uses may occupy 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 Building B. Building A (the remaining 40% of the
commercial space) shall remain for retail uses only.
b. Non -retail commercial units shall have the flexibility to also be used for retail commercial
uses.
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 fall to file a protest within this 90-day period complying with all of the
requirements of Section 66020, you will be legally barred froth later challenging such exactions.
That the subconclusions upon which the findings and conditions specified in this Resolution are
based are contained in the Public Hearing record concerning Application EXC-2010-03, as set forth
in the Minutes of the Planning Commission Meeting of September 28, 2010 and are incorporated by
ref'crence herein.
Please review conditions carefully. If you 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 conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
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 with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code §2.08.096.
This letter will serve as your final Use Permit.
Sincerely:
Grace Schmidt
Deputy City Clerk
cc: Community Development