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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 w t.,{ 1 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. 2 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. 3 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. 4