107-F. Planning Commission staff report of December 14, 2010.pdfATTACHMENT F
Agenda Item No. 9-
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014-3255
(408) 777-3308 - FAX (408) 777-3333 - planning@cupertino.org
Agenda Date: December 14, 2010
Application: M-2010-08
Applicant: Jane Vaughan (Cupertino Housing Partners, LLC)
Location: 19501-19507 Stevens Creek Boulevard (APN 316-49-999)
APPLICATION SUMMARY
Amendment to a Modification application (M-2010-03) of a previously approved Use
Permit (U-2003-04) to amend Condition No. 2 (Parking) to allow the parking
requirements to be incorporated into an appropriate alternate legal document in lieu of
the covenants, conditions and restrictions (CC&Rs).
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council
approve the proposed amendment in accordance with the Model Resolution (See
Attachment 1).
BACKGROUND
On October 5, 2010, the City Council approved a Modification (M-2010-03) to a
previously approved Use Permit (U-2003-04) and Exception to the Heart of the City
Specific Plan (EXC-2010-03) to allow the following:
1. Up to 40% of the total retail space as non -retail restricted to Building B (19501
Stevens Creek Boulevard); and
2. Allow medical use as a non -retail use, with staff to work with the applicant to
determine the correct parking count for surface parking and underground parking
to accommodate medical use.
One of the conditions (Condition No. 2) associated with M-2010-03 also requires that the
CC&Rs of the development be amended and recorded to require that employees of the
retail commercial uses park in the existing available and unused parking spaces in the
underground parking garage, and that such parking must be striped for retail use only.
(Please see Attachment 2, City Council Action Letter dated October 7, 2010 for
additional details.)
M-2010-08 Metropolitan Complex December 14, 2010
Page 2
The applicant, however, is requesting an amendment to this condition to allow an
alternate legal document to be recorded on the property that memorializes this parking
requirement, rather than in the CC&Rs. The proposed amendment will not result in
any physical or use changes in the development.
DISCUSSION
The applicant (See Attachment 3, Applicant's Justification Letter) states that the CC&Rs
is not the appropriate instrument to regulate the retail parking requirements since the
shared parking in the parking garage is controlled via an easement, not by the CC&Rs.
Additionally, the applicant notes that changing the CC&Rs would be difficult because it
would require the approval of all 107 residential unit owners and their lenders as
members of the homeowners' association of the development.
In lieu of incorporating the parking requirements into the CC&Rs, the applicant is
requesting the modification to allow the parking requirements to be incorporated and
recorded in a Parking License Agreement for each retail building (See Attachments 4
and 5, Draft Parking License Agreements), which includes Building A located at 19505
Stevens Creek Boulevard and Building B located at 19501 Stevens Creek Boulevard.
The proposed changes to the Condition No. 2 are outlined as follows (the underlined
language represents the newly proposed language, and the strikethrough represents the
proposed deleted language):
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 an appropriate legal document as deemed acceptable by
the City Attorney and Director of Community Development the rs.
The City Attorney has reviewed and supports the attached draft Parking License
Agreements to fulfill the requirements of the proposed amended condition. However,
since the City is not a party to the Parking License Agreements (as would have been the
case in the CC&R option), the City Attorney is recommending an additional condition
requiring the property owner to provide advance notice of proposed changes to the
Parking License Agreement, as well as a copy of any document recorded in the future
related to parking. This is reflected in Condition No. 3 of the Model Resolution.
Follow up on the Department of Real Estate Notification Condition
As part of the conditions of approval for M-2010-03, the Council required that the
applicant work with staff to reconcile paperwork that notifies the Department of Real
M-2010-08 Metropolitan Complex December 14, 2010
Pace 3
Estate that the City recognizes there are only two retail condominium units, consisting
of the retail Building A and Building B.
To comply with this requirement, the applicant has submitted draft Declarations of
Restrictive Covenants (See Attachments 6 and 7), one for each building, for the City's
review that the applicant will record and send to the Department of Real Estate with a
cover letter. These restrictive covenants clarify the number of retail spaces in each
building, and that retail spaces in each building must be owned by the same owner. The
covenants make it clear that separate retail spaces in each retail building cannot be
owned by different property owners since each retail building is considered one retail
condominium unit.
ENVIRONMENTAL REVIEW
This project is categorically exempt per Section 15301 (Existing Facilities) of the
California Environmental Quality Act (CEQA) since no physical or use changes will
occur as a result of this project.
Prepared by Aki Honda Snelling, AICP, Senior Planner
Reviewed by:
G ao
City Planner
ATTACHMENTS
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Approved by:
'k
arti Shrivastava
Community Development Director
Model Resolution
October 5, 2010 City Council Action Letter
Applicant's Justification Letter
Parking License Agreement for Building A
Parking License Agreement for Building B
Declaration of Restrictive Covenant for Building A
Declaration of Restrictive Covenant for Building B
G: Planning/pdreport/pcMreports/2010Mreports/M-2010-08