CC 02-16-2021 Item No. 16 Use Permit Modification M-2020-002 20130 Stevens Creek Blvd_Staff Presentation20130 Stevens Creek Blvd.Use Permit Modification M-2020-002City CouncilFebruary 16, 2021CC 02-16-2021 Item No. 16
Project TitleConsider the modification to an existing Use Permit (U-2004-01) to amend the conditions of approval to allow 100% non-retail commercial uses where only 50% are allowed.
Project Site
Project Site
Background●On March 1, 2005, City Council approved a Use Permit (U-2004-01) ●Mixed-use development consisting of 2,395 s.f. of retail space and 23 residential condominiums.●Limited commercial spaces to retail uses.●October 6, 2009, City Council approved modification (M-2009-07) to Use Permit.●Commercial portion to be 50% commercial office and 50% retail.●Expires when property ownership changes.
Applicant Request●Amend conditions of approval to allow non-retail commercial uses where only 50% is currently allowed.●Remove language which reverts site back to retail when ownership changes.●Subject only to limitations of CG Ordinance and the Heart of the City Specific Plan
Zoning and Heart of the City Commercial Standards●Retail businesses (i.e., restaurants, apparel shops and variety stores)●Commercial offices (i.e., financial institutions, insurance and travel agencies)●Personal service establishments (i.e., beauty shops and massage services)●Professional offices (not more than 25% of a shopping center)
Applicant Justification ●Retail market going through significant transformation: e-commerce, trend toward downsizing of retail space, escalating occupancy costs, regulations and increased minimum wage.●Retailers locate in areas where there is a “synergy” between uses. ●Limited Parking. There are only nine (9) parking spaces plus one (1) ADA space servicing●Retailers look for convenient, easy access to a store.
Analysis●Limiting uses to retail only for 50% of building eliminates potential commercial tenants which would otherwise be in conformance with Heart of the City Specific Plan.●General Plan Policies:●LU-8.2 states “Encourage land uses that generate City revenue” ●LU-17.1 states that “ground floor of buildings along the street should be activated with pedestrian-oriented, active uses including retail, restaurants, entries, etc.”
Planning Commission Review●Application presented to Planning Commission onJanuary 26, 2021.●The Planning Commission recommended that CityCouncil approve the proposed modification with a4-0-1 vote (absent – Saxena) with Resolution No.6916
CEQASection 15301 (Class 1) Existing Facilities consisting of theoperation, repair, maintenance, permitting, leasing,licensing, or minor alteration of existing public or privatestructures, facilities, mechanical equipment, ortopographical features, involving negligible or no expansionof existing or former use.
RecommendationThe Planning Commission recommends that the City Council approve the project in accordance with the draft resolution.
Next StepsThe City Council’s decision will be finalunless reconsidered within 10 days ofthe decision.