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104-C. Applicant's Justification Letter.pdfATTACHMENT C Date: November 22, 2010 From: Jane Vaughan To: Aki Honda, City of Cupertino Regarding: Metropolitan at Cupertino Retail Units — Modification to Use Permit, approved on 10/5/10, language: Section III, 2. Parking: "incorporated into the CC&Rs" to be changed to "documented satisfactorily." On October 5, 2010 the Cupertino City Council approved modifications to the 5 retail units at Metropolitan at Cupertino, as outlined in the City letter dated October 7, 2010, attached hereto. R—U-101A I R—U-102A 19505 Stevens Creek Building A R—U-1018 1 R—U-1028 I R—U-1038 19501 Stevens Creek Building B The City of Cupertino approved the additional zoning of non -retail use in the three (3) retail units in Building B at 19501 Stevens Creek or 60% of the total retail units at Metropolitan at Cupertino. Two (2) of the three retail units in Building B can be occupied by medical uses. The remaining Building B unit can also be occupied by medical use if the parking requirements are met. All five retail units continue to permit retail commercial uses. Parking requirements were to be resolved by staff and the applicant. Additional parking requirements needed for the medical use was agreed upon as follows: ® `There shall 25 retail surface spaces marked as shown in the following diagram. The adjacent office project controls 57 parking spaces during office hours within the residential parking garage via an easement (attached). The adjacent office property owner will grant the Metropolitan at Cupertino Building A retail owner the right to use of 2 parking spaces and the Building B retail owner the right to use 3 parking spaces during office hours within the 57 spaces. During non -office hours, all residential and retail property owners are permitted to park in the 57 spaces. 490 California Avenue, 4ch Floor ® Palo Alto, CA 94306 • (650) 326-9300 ® Fax (650) 326-9333 E-mail: vaughan@menloequities.com Since the 57 parking spaces are controlled via easement by the adjacent office property owner, not by the HOA or the CC&Rs, the reference in Section I II, Item 2. Parking which requires incorporating this additional parking requirement into the CC&Rs needs to be deleted and replaced with "be documented satisfactorily." The attached License Agreement is to be used. The document will be signed and recorded upon approval of the modification to the language by the City. Note that changes to the Metropolitan at Cupertino CC&Rs are not practical since approval of all 107 residential owners and their lenders would be required. The City also requested that a Covenant be recorded that would restrict the ownership of the retail units to a maximum of 2 retail owners — one in Building A and one in Building B and note that the retail units are subject to a Planned Development Zone. The documentation has been agreed to by staff and the applicant. �n 490 California Avenue, 41h Floor ® Palo Alto, CA 94306 ® (650) 326-9300 ® Fax (650) 326-9333 E-mail: vaughan@menloequities.com