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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