Exhibit CC 01-04-2011 No. 11 19501 & 19505 Stevens Creek Blvd Metropolitan n,1
1/4/2011
Amendment of Parking Condition Item 11
19501 & 19505 Stevens Creek Boulevard
Metropolitan at Cupertino
Amendment (M- 2010 -08) to a previously approved Modification
Application (M- 2010 -03):
• To modify a recently approved
parking condition (Condition No. 2)
to allow the parking requirements
to be effectuated by an alternate
legal document in lieu of the
CC &Rs. ! . __. j l' :
• Project site is the Metropolitan at
Cupertino mixed -use residential a
and retail development on the north
side of Stevens Creek Boulevard,
east of Wolfe Road.
Aerial Photo
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1/4/2011
Background
On December 14, 2010, the Planning Commission recommended
approval of the proposed application on a 4 -1 vote.
Additionally, a friendly amendment was made to add Jenny Cheung,
the new property owner of retail Building A (19505 Stevens Creek
Boulevard), as a co- applicant to Jane Vaughan representing Cupertino
Housing Partners.
Background
On October 5, 2010, City Council approved a Modification application
(M- 2010 -03) for this site to allow:
• Up to 40% of the total retail spaces as non - retail uses restricted to
Building B (19501 Stevens Creek Boulevard); and
• Allow medical use as a non - retail use, with staff to work with the
applicant to determine the correct parking count for surface parking &
underground parking to ac5ommodate medical use.
One of the Conditions (No. 2) specifically requires that the CC &Rs of
the development be amended & recorded to require that employees of
the retail uses park in the available & unused parking spaces in the
underground garage, and that such parking be striped for retail use.
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1/4/2011
Discussion
Applicant's Request
Amend the parking condition (Condition No. 2) to allow a Parking
License Agreement to be recorded for each retail building to effectuate
the parking requirements, rather than amending the CC &Rs
Reasons for the Request
• The underground shared parking arrangement for the project is
currently controlled by an easement between the commercial and the
office tenants /users and does not involve the CC &Rs
• A Parking License Agreement is an equally effective legal instrument
to memorialize the parking condition
Proposed Amendments
The proposed changes to Condition No. 2 include underlines for the
newly proposed language and strikeouts for deleted language:
PARKING
Employees of the commercial spaces shall be required to park in the existing
available and unused parking spaces it 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 CC &R:,.
A condition has also been added requiring the City to be provided advance
notice of future changes related to parking.
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1/4/2011
Additional Condition
The City Attorney additionally recommends adding the following
condition to ensure the City's protection in the event of a dispute between
property owners:
The applicant shall provide evidence that parking condition ( #2)
can be legally effectuated. In the event that there is a dispute
relating to the use permit and any subsequent modifications, the
applicant agrees to defend and indemnify the City of Cupertino.
Recommendation
The Planning Commission recommends that the City Council approve
the proposed Modification application in accordance with the Model
Resolution, including the friendly amendment to add Jenny Cheung as
an owner and co- applicant.
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