18. Use permit modification 20130 & 20132 SCBCOMMUNITY pEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • +;,UPERTINO, CA 95094-3255
(408) 777-3308 • FAX {408) 777-3333
CUPERTIN~
SUMI~IARY
Agenda Item No. ~ Agenda Date: October 6, 2009
Application: M-2009-07
Applicant: Catherine Chen
Properly Owner: Catherine Chen
Properly Loca#ion: 20130 & 20132 Stevens Creek Blvd.
Application Summary: Modification fo an existing Use Permit (U-2004-01} to amend
the conditions to allow commercial/office uses where only retail had been allowed.
RECOMMENDATION:
The Planning Commission recommends that the Council:
1. Modify Use Permit U-2004-01 (see Att;~chxnent A) to allow General Commercial
uses as defined and Iimited in Cupertino Municipal Code Section 19.56 (CG
zoning district) in the commercial building space instead of requiring retail only.
(See Planning Commission Resolution No. 6563).
2. Require a covenant be recorded on the property stating that the property is
under a special Planned Development Zoning district. The property owner(s)
and future successor(s) shall check with the City to find out the specific
restrictions under the Planned Develo~~ment Zone and related permits.
~a-~
M-2009-07 {Catherine Chen)
October 6, 2009
BACKGROUND:
On March 1, 2005, the City Council
approved a Use Permit (U-2004-01)
allowing the construction of a mixed-
use development {a.k.a. Adobe
Terrace) consisting of 2,395 square
feet of retail space and 23 residential
condominiums, located at 2012$
Stevens Creek Boulevard. The
project was approved with a
condition that limited the commercial
spaces to retail uses (see Attachment
A for the approved conditions}.
Currently, 50.1 % of the commercial
space is occupied by Max Muscle, a
retail health food store, and 49.9% is
vacant (previously occupied by Alexa
Eye Wear -see picture below).
The applicant, Catherine Chen,
recently acquired the commercial
portion of the mixed-use
development with the intent to
locate a State Farm Insurance office
in the remaining vacant space. The
applicant was not aware of the retail
limitation on the pxoperty and is
requesting that the condition be
modified to allow 49.9% of the
building space to be allowed to be
used as commercial office
(Attachment B, Request Letter &
the City Council has previously
allowed less than 100% retail uses at other mixed-use developments such as Villagio (at
De Anza Boulevard and Town Center Lane) and the Monica Sun Villas mixed-use
project (at Stevens Creek Boulevard and Bret Avenue).
DISCUSSION:
Intent of the Original Council Condition
The Council originally approved the mixed-use project with the retail use only
restriction for the following reasons {Attachment C, City Council minutes dated
November 1b, 2004, January 4, 2005 & March 1, 2005):
~a-2
M-2009-07 (Catherine Chen)
October 6, 2004
The former land use was a restaurant .and the proposed land use was
predominantly residential
The desire to produce sales tax-generating land uses
The presence of pedestrian-oriented rf~tail/restaurant uses along the street
Similar use restrictions have been implemented in other projects in the City, such as:
• Verona (corner of Stevens Creek Blvd. and De Anza Blvd.)
• Villagio (De Anza Blvd. and Town Ce~lter Ln.}
• Metropolitan (Stevens Creek Blvd., close to Finch Ave.)
• Rosebowl
Travigne Villas (Stevens Creek Blvd. and Blaney Avenue)
General Commercial vs. Retail
The applicant requests modifications to her LTse Permit to remove the retail only
restriction and allow approximately half of the building to be used for "commercial
offices." Irt the City's General Commercial (C'G) Zoning District there is a use category
(CMC 19.56.030(D)) that is commonly described as "commercial offices." It includes:
"banks, financial institutions, insurance and meal estate agencies, travel agencies,
photography, and similar studios which directly serve the public." There are many
other uses allowed in the General Commercial Zoning District. A summary list of the
non-retail uses allowed in the General Commercial Zoning Ordinance can be found in
September 8, 2009 Planning Commission staf:E report (Attachment D}.
The City has in the past lessened xetail use re:~trictions for mixed-use projects. In 1998,
the City Council~approved the Monica Sun Villas mixed-use project at Stevens Creek
Boulevard and Bret Avenue, which allowed General Commercial zoning uses in the
commercial space (Attachment E ,12-U-97 connditions). Later a Use Permit Modification
was granted by the Planning Commission in :?002, allowing a dental office to occupy
45% of the commercial space that was previolxsly restricted to 25% professional office
(Attachment F, M-2002-02 conditions).
In 2006, the City Council permitted Villagio to lower their 100% retail/restaurant
restriction to 50% (Attachment G, M-2006-03 ~~ondition.s). Further, the Council allowed
vocational and specialized schools in Villagio with up to 50% occupancy of the Town
Center Lane frontage (excluding the building corner Locations) in 2009 (Attachment H,
M-2009-01 conditions).
Planning Commission
The Planning Commission considered the request on September 8, 2009 (Attachments D
& I, Planning Commission staff report and draft meeting minutes). Comments
expressed by the Commissioners are summarized as follows:
Empty tenant spaces do not benefit the City. Such spaces could fill up with retail
uses when the economy is stronger
3
18-3
M-2009-07 (Catherine Chen)
October b, 2009
• The City has been flexible in the past about allowing non-retail uses in mixed use
projects
• Forcing retail in small commercial centers is not working whether the economy is
good or bad
• The City's long term goal to encourage retail along streets is understandable, but
landlords need to be given more flexibility with leasing their spaces
• The City should require recorded covenants on the property notifying property
buyers to check with the City on allowed land uses in planned development
zones
The Commission recommends (on a 4-1 vote, Lee nay) that the Council approve the Use
Permit Modification, removing the retail-only land use restriction, and allowing ,
General Commercial zoning uses {as defined and limited in the CG Zoning Ordinance)
for the entire commercial building with the following added condition:
~ A covenant shall be recorded on the property stating that the property is
under a Cupertino Planned Development Zoning. The property owner and
future successor shall check with the City to find out the specific restrictions
under the Planned Development Zone and related permits.
Public Comments
Three members of the public spoke in support of the applicant's request to modify the
use permit and enable her to move her insurance business to the project location. The
applicant also received five letters supporting her request (Attachment J, Public
Comment Letters).
COUNCIL OPTIONS
The City Council has the following options in considering this project:
' 1. Approve the modification request and allow General Commercial (CG) uses in the
commercial building area without specific limitations per Planning Commission
resolution no. 6563; or
2. Approve the modification request and allow General Commercial zoning uses with
limitations. The applicant has requested that about 50% of the building space be
allowed for "Commercial Office" uses; or
3. Deny the modification request, which would retain the requirement for 100% retail
use.
Prepared by: Colin Jung, Senior Planner
Reviewed by: Gary Chao, City Planner
4
18-4
M-2009-07 (Catherine Chen}
October 6, 2009
Submitted by: Approved by:
GCI~D
Aarfi Shrivastava David W. Knapp
Director of~Community Development City Manager
Attachments:
Planning Commission Resolution No. 6563
Attachment A: March 3, 2005 City Council Action Letter (with conditions of approval)
Attachment B: Proposal Letter from Applicant and Modification of Request from Applicant's Powerpoint
Presentation Slide.
Attachment C: November 16, 2004, January 4, 2005 & Prlarch 1, 2005 City Council meeting minutes
Attachment D: Planning Commission staff report dated September 8, 2009 (no attachments}
Attachment E: Conditions of Approval Letter, file no. 712-U-97
Attachment F: Planning Commission Resolution No. 6135 -Conditions of Approval, file no. M-2002-02
Attachment G: Conditions of Approval Letter, file no. DPI-2006-03
Attachment H: Conditions of Approval Letter, file no.:M-2009-01
Attachment l: Planning Commission Draft Meeting Minutes dated September 8, 2009
Attachment J: Public Comment Letters
G:planning/PDreport/CC /Z009/M-2009-07 CC.doc
5
18-5
• ~ ~ Attachment A
- city Hall
'` ~,,, 10300 Torre Avenue
;~~,:_,. ;:.~ ~ ~ Cupertino, CA 950143255
• Telephone: {408) 777-3223
C1 l Y OF FAX: (408) 777-3366
E ~ ~ ®. Website: www.cupertino.org '
OFFICE OF THE CTTY CLERK
March 3, 2005
Greg Pion
Finn Brothers Construction, Inc.
1475 Saratoga Avenue, #250
San Jose, CA 95129
Re: Consider Application No.(s) U-2004-01, ASA-200402, EA-2004-02, Greg Pion-(Finn
Brothers Construction), 20128 Stevens Creek Boulevard (former Adobe Lounge), APN
369-03-001:
a}~ Negative Declaration
b} Revised Use Permit for amixed-use retail (2,395 square feet} and residential
condominium (23 units) development and for the demolition of an abandoned
restaurant building
c) Revised design for an Architecturai and Site Approvai for amixed-use retail
(2,395 square feet) and 23 condominium units
Dear Mr. Finn:
At its March 1, regular meeting, the Cupertino Cify Council granted a Negative Declaration,
accepted the revised Use Permit subject to staff recommendations listed below, and approved the
revised design for Architectural and Site approvai subject to the conditions set forth in the Use
Permit:
o • The approvai is based on the current revised plan set and revised project of 2,395
square feet of retail space and 23 residentiai condominiums, and
o That applicable development fees be commensurately adjusted to reflect the
reduced. scope of the project;
o And the use permit conditions of approval be amended to restrict the commercial
building space to only aretail-use.
18-6
a.s..~...a..., a.,,.....i.~..ra~.....
U-2004-01 Page :~ March 3, 2005
o The building permit plans shall substantially conform to the rendering submitted
• at the City Council meeting as deternuned by the Design Review Committee in
consultation with the architectural advisor. •
The Use Permit conditions are as follows:
SECTION IlI: CONDITIONS. ADNIlNISTERED :BY THE COI~~NIUNTI'Y DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: '"ADOBE TERRACE, A M1XED USE
DEVELOPMENT, 20`128 Stevens Creek Blvd., Cupertino, CA. 95072" dated
9/17/04 and consisting. of eighteen sheets labeled A-0.0 through A5.0, A5.1, A6.0,
CI through C6, L-PI through L-P4, except as may be amended by the conditions
contained in this approval. On sheet L-P4, entry arbor "A" is approved.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Goverment Code
Section 66024(d) (1}, these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
3. HEART OF THE CITY LANDSCAPE IlVIPROVEMENTS
The applicant shall amend building plans to provide Heart of the City landscape
improvements that include:
a} A sidewalk width of six feet,
b) Appropriate sidewalk transitions to adjacent properties to the satisfaction of the Director
of Public Works. In general, such sidewalk transitions should be poured as separate
pieces of concrete, so they may be more easily modified when abutting properties
redeveiop with Heart of the City"landscape improvements.
c) Flowering Pears in the frontage landscape strip shall be 36"box size trees.
4. SICYCLE.PARI~NG
The applicant shall install bicycle-parking facilities in accordance with the City's parking
ordinance. "
5. DEMOLITION REOUHZEMENT
All existing structures on the site shall be remov~;d prior to concurrently with project
construction. The developer shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinances. ~ •
~s-~
U-2004-01 rage 3 March 3, 2005
6. DEVELOPMENT ALLOCATION 2-3 .
The applicant shall receive an allocation of presidential units from the Heart of the City
and/or Undesignated residential development pools of the Residential Development Priorities
Table of the Cupertino General Flan.
7. PEDESTRIAN INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney and providing for the benefit of the abutting
residential property to the rear of the subject parcel, an easement for pedestrian ingress and
egress from the benefitting parcel to Stevens Creek Boulevard.
8. CUPERTINO SANITARY DISTRICT APPROVAL
The proj ect may significantly affect surrounding sanitary sewer facilities. The applicant shall
participate in a flow study if necessary to determine the impact of the proposed project on the
existing sanitary sewer system and make off-site improvements if necessary.
9. ]BELO'~'V MARKET RATE U1~TITS
The applicant shall comply with the requirements of the Housing Mitigation Manual.
10. DESIGN REVISIONS .
The applicant shall revise the plans to: 1) provide additional building detailing on the east
elevation of the building, 2) modify the underground garage to provide adequate backup
space for the end pazking stalls, 3) evaluate the possibility of moving one or more of the
grade-level Handicapped parking stalls to the underground parking garage, and 4) evaluate the
possibility of providing an interior stairway from the garage to the ground level near the front
of the project.
SECTION 1V. CONDITIONS ADMIl~TISTERED BY THE PUBLIC WORKS DEPARTMENT
lI. STREET RTIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
I2. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures ..shall be installed in accordance .with
grades and standards as specified by the City Engineer.
13. STREET LIGHTING ]NSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
Ian which the site is located.
18-8
U-2004-01 Page ~- March 3, 2005
14. STREET TREES
Street trees shall be planted.within the Public ]tight of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
' 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe
required. Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
16. DRAINAGE
Drainage shall be provided to the satisfaction~of the City Engineer.
Pre and Post development calculations must be provided to identify if storm drain
facilities need to be constructed or reuavated.
17. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility.providers for installation of underground utility devices.
Ordinance No. 331 requires all overhead lines to be underground whether the lines are new
or existing. The developer shall submit detailed plans showing utility underground
provisions. Said plans shall be subject to prior approval of the affected Utility provider and
the City Engineer.
18..IMPROVEMENT AGREEMENT .
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed. prior to issuance of canstruction permits.
The Architectural and Site conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED J3Y THE COI~fiVIC7NITY DEVELOPMENT
DEPT. .
APPROVED L+~'~TSITS
Approval is based on the plan set entitled: " ~'~DOBE TERRACE, A MIXED USE
DEVELOPMENT, 20128 Stevens Creek Blvd., Cupertino, CA. 95072" dated 9/17/04
and consisting of eighteen sheets labeled A-0.0 through AS.O, AS.l, A6.0, Ci through
C6, L-P 1 through L-P4, except as maybe amended by'the. conditions contained in this
approval. On sheet L-P4, entry arbor "A" is apf~roved. ,
2, NOTICE OF FEES,,DEDICATIONSLRESE)E~VATIONS OR. OTHER EXACTIONS
18-9
U-2004-01 rage 5 _ Mazch 3, 2005
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and~other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Gode Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
3. HEART OF THE CITY LANDSCAPE IMPROVEMENTS
The applicant shall amend building plans to provide Heart of the City landscape
improvements that include:
d} A sidewalk width of six feet, .
e) Appropriate sidewallc transitions to adjacent properties to the satisfaction of the Director
of Public Works. In general., such sidewalk transitions should be poured as separate
pieces of concrete, so they may be more easily modified when abutting properties
redevelop with Heart of the City landscape improvements.
fj Flowering Pears in the frontage landscape strip shall be 36"box size trees.
4. BICYCLE PARKING
The applicant shall install bicycle-parking facilities in accordance with the City's parking
ordinance.
5. DEMOLITION REOUIREMENT
All existing stt tictures on the site shall be removed prior to concurrently with proj ect
construction. The developer shall assume the responsibility to obtain all required demolition
permits in accordance with City Ordinances.
6. DEVELOPMENT ALLOCATION 23
The applicant shall receive an allocation of 2~'residential units from the Heart of the City
and/or Undesignated residential development pools of the Residential Development Priorities
Table of the Cupertino General Plan.
7. PEDESTRIAN INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running with the land,
subject to approval of the City Attorney and providing for the benefit of the abutting
residential property to the rear of the subject parcel, an easement for pedestrian ingress and
egress from the benefiting parcel to Stevens Creek Boulevard.
S. CUPERTINO SANITARY DISTRICT APPROVAL
The project may significantly affect surrounding sanitary sewer facilities. The applicant shall
participate in a flow study if necessary to determine the impact of the proposed project on the
existing sanitary sewer system and make of%site improvements if necessary.
9. BELOW MAI?~T RATE UNITS
18 - 10
U 2004-01 - Page 6 March 3, 2005
The applicant shall comply with the requirement:; of the Housing Mitigation Manual.
SECTION N. CONDITIONS ADMIIJISTERED F3Y THE PUBLIC WORKS DEPARTMENT
10. STREET WIDENING -
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
11. CURS AND GLITTER IMPRO'6rEMENTS ~ -
Curbs and gutters, sidewalks and related strictures shall be installed in accordance with
grades and standards as specified by the City Engineer.
12. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude l;Iare and other forms of visual interference to
adjoining properties, and shall be no higher thin the maximum height permitted by the zone
in which the site is located.
13. STREET TREES ~ '
Street trees shall be planted within the Public :Flight of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125.
14. GRADING
Grading shall be as approved and required by'the City Engineer in accordance with Chapter
16.08 of the- Cupertino Municipal Code. ~E01 Certifications and 404 permits maybe
required: Please contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
15. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer
Pre and Post-development calculations music be provided to identify if storm drain
facilities need to be constructed or renovated.
16. UND]CRGROUND UTILITIES
The developer shall comply with the requirexr!ents of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate vrith affected utility providers for installafi.on of underground utility devices.
Ordinance No. 331 requires all overhead lines to be underground whether the lines are new
or existing. The developer shall submit detailed plans showing utility underground
provisions. Said pians.shall be subject to prior approval ofthe affected Utility provider and
the City Engineer.
17. Il1'IPROVEMENT AGREEMENT
18 - 11
U 2004-01 ~ age 7 March 3, 2005
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarifcation. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions Pursuant to Government Code
Section 6602D(d)(I), these conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions Fou are
hereby furtlier notified tlxat the 90-day approval period in which you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section b602D(a), has begun.
If you fail to file a protest within this 90-day period complying with all of the requirements of
Section b6020, you will be legally barred from later challenging such exactions
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter; roust fast file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code ,~2.08.09b.
Sincerely:
C~ '~~
Grace Schmidt
Deputy City Clerk
cc: Community Development
18 - 12
Attachment B
RICHARD K. ABDALAH, EsQ.
EMAU.: RABDALAx~ABDALAHL.4w.COM
WWW.ABDAT eNi eW.COM
ABDALAH L~-W QFFICES
A PROFESSIONAL LE-W CORPORATION
10455 TORRE AVENUE
CUPERTINO, CALIFORNIA 95014
TFTRPxoxE: (4i)8) 252-5211
FACSIMTI,E: (408) 996-2004
EMPLOYMF.Nf, REAL ESTATE, BUSINESS, CONSTRUCI'fON,
71tANSACT10N5 AVD LITIGATION
MIRIAM H. WEN-LEaRON, ESQ.
EMAII,: MWENLEBRON{~ABDALAHLAW.COM
ME~xax E. JuI3L, EsQ.
EMAII.: M3UFIL~ABDALAHI.AW.COM
July 29, 2009
Cupertino City Council
City Planning Commission
Planning Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Use Permit Modification Request
20130/20132 Stevens Creek Blvd.
Dear Members of the City Council, Planning Commission and Planning Department:
I am writing this letter on behalf of Cupertino Adobe LI.C which is owned by
Catherine Chen and her husband. As explained hereafter, Ms. Chen recently purchased the
property located at 20130& 20132 Stevens Cree ~ Blvd. from the Pinn Bros., believing the
property could be used for commercial/office sJ~ace. Ms. Chen planned to move her State
Farm Office to the existing empty unit. For reasons explained hereafter, Ms. Chen is asking
the City of Cupertino ("City") to issue a modification to the use permit to allow both retail
and office use. Presently, the property has a use permit allowing only retail.
When Ms. Chen was considering the purchase of the property, her agent contacted
the City Planning Department on at least two occasions to insure that the building could be
used for office space. On both occasions the a.~ent was informed that use of the property as
office space was permitted.
After close of escrow on July 10, 2009,1vIs. Chen went to the City to begin the
process of obtaining pernaits for various improvements, including signage. That was when
she was informed that the property was zoned f~~r strictly retail use. After getting over the
initial shock, Ms. Chen downloaded from the City records a report on a recent sale at the
same address and the records show that 20128 ~~tevens Creek Blvd is zoned to allow
"Commercial /Office /Residential" uses. A copy of the printout is attached to this letter.
Given the 'information on the public recczrd, Ms. Chen reasonably believed that an
office would be a permitted use. In light of the circumstances, Ms. Chen is requesting that
18 - 13
Cupertino City Council
July 29, 2009
Page Z
the City approve a modification to the exiting use permit to aIlow office use as well as other
commercial uses. At this time, the unit in question is partially vacant and generates no sales
tax to the City. If Ms. Chen, who has been an active member of the community for many
years, is granted a modification to the use permit, the unique circumstances will not set a
precedent. Furthermore, the opening of the office will generate sales tax from restaurants
and other retail that her clients are likely to patronize in the Cupertino axea.
Fox the reasons explained above, Ms. Chen respectfully xequests that the City issue a
modification to the existing use permit allowing commercial/office use of the property
located at 20130 and 20132 Stevens Creek Blvd., Cupertino, CA. Thank you far your
attention and consideration.
Very truly yours,
RICHARD K. ABDALAH
RKA/drr
Encl.
Cc: Client
18 - 14
tw~.rvt t
City of Cupertino
Parcel - DeC3il Report
Yage 1 of !
APN 369 D3 001 Percent Improved 96°~
Secondary APN Home Owners S
Owner Chen Jenny C l:xemptian Type
In Care Of Tax Rate Area 13003
Sites Address 20L28 STEVENS CREEK BLVD CUPFRTINO, CA 95014 Tax Amount ;42,035 '
Mail Address 20128 Stevens Creek Blvd Unft 11 Cupertino, CA 9~i014 Mapgrid E7
Transfer Date 20061211 Subpiat AOOBETERRACE
Document Number 20242543 Zoning P
Document Type GRDE Land Use Commeroal J Office /Residential
Price #223,000 Light/Air
Price Transfer Date 05/07/2009 TM Number
Prior Price ;223,000 Frortt
Sale Price - Fuil/Partial PULL Street Side
Use Code 06 Address
Tract MO Lot 97b2 1
CensusTrad
SD80.D1 Phone
Assessed Total Value
X3,154,660 Owner Phone
p
Land Yalue $136,b5b Tenant Phone
Improvement Value X1,400,000
Structure Value ; ,
District Data --- -
Title Company FIRST AMERICAN TT11E
School Disbict Rearcders Map Number
Elementary School CUPERTINO UNION Rea~rdenr page
High School FREMONT UNION Number Cif Buildings 0
Assessor Map 369-03.odf
Assessor Map Index-IO 369-IO.odf
Total Rooms 0 Lease 5gFt Year Built Fre
Bedrooms 0 Office SgFt EffecCive~ 0 1st Floor NaN
Bathrooms 0 Rental SgFt NaN Dishwasher 0 Znd Floor NaN
No. Of 0 Lot SgFt 36,155 Tennis Ct 0 3rd Floor NaN
Dining Lot Acres .83 Frame Type Elevator
Family Lot 108x338 Total Units 0 Wall Height D
Rec Room 0 Cntr! 0 Patio Ufj/jhp~
Utility Room Bldg Class 0.0 Pord~ 0 Water
FirePiace 81dg Shape Garage Type 0 ~ Electric
Pool Bldg 0 Garaiie Gas Service
Sauna Bldg SgFt Garalle SgFt 0
Useable 36,504
Addition NaN
P/anninu Projects
Pile Number ASA- zl I g5A-zooq_~~ I TM-zoos-oz I S!_299~;4~ 1 ~~ I
18 - 15
~' http://gissvr/cupertinointranet/horne/XSLTransformer.:ispx 7/23/2009
~o
Summary
Request for Modification of Use Permit:
• 49.9% of building for
commercial office
• Generate foot traffic for
surrounding ~ busine s s e s
• WIN--WIN situation
for City and Small
Business owners
November 16, 2004
Cupertino Cite Council
Attachment C
Page 6
22. Con u e first reading of Ordinance No. 1953: "An ordinance of the City Council of
the City of Cu o Amending Sections 2.0$A9Q of the Cupertino Municipal Code
regarding the Order of Bu " for Regular Council Meetings."
Lowenthal/Kwok moved and seconded le the item, and the motion carried
unanimously.
RECESS
PUBLIC HEARINGS
12. Consider Application No.(s} EXC-2004-15, U-2004-01, ASA-2004-02, EA-2004-02,
Pinn Brothers, 20128 Stevens Creek Boulevard (formerly Adobe Lounge), APN No. 369-
03-001:
a) Grant a negative declaration
b) Approve an Exception to the Heart of the City Specific Plan fora 5-10 foot side
yard setback
c) Approve a use permit for amixed-use retail (2,000 square feet} and residential (29
units) development and the demolition of an abandoned restaurant building
d) Approve architectural and site approval for amixed-use retail (2,000 square feet)
and residential (29 units) development
Applicant Greg Pinn gave a brief history of the project and the uses that had been
considered for this site, including a hotel. He said that 80% of the side yard setbacks
exceed the minimum requirements. He said they are requesting two exceptions: To
imprnve pedestrian and vehicle access, ands to accommodate the garage for underground
parking. He said they have worked with staff for over 16 months on 7 different designs
and 3 different submittals. The applicants also met with the Concerned Citizens for
Cupertino to discuss some project variations. He said the current proposal would bring in
$25,000 in parks and recreation fees and provide 4below-market-rate units. He said that
all of the residential units would be rentals, and the retail use would probably be
something like a dry cleaner or a hair salon.
Curt Anderson, the project architect, explained the side yard exceptions in more detail.
The Council members discussed the proj:eet and their concern with the amount of
residential use at this particular site, wldch they felt might be better suited to a
commercial use.
18 - 17
November 16, 2004 Cupertino City Council ~ Page 7
Greg Finn explained the limitations on the site because of the long-term, very high lease
rate, and how difficult it has been to build anything economically viable.
The Council members discussed the possibility of continuing this item in order to rethink
what kinds of uses they would like to see along Stevens Creek Boulevard, as well as
obtaining an analysis by a neutral party such as Randall Mackley, and the applicant
agreed to a continuance.
Council member Lowenthal moved that the item be continued to January 4, 2005, The
City Attorney said that the question for staff to study is whether there is a reasonable
theoretical use of the property without constraint, as opposed to the use of the property
with a $15,000 a month [ease on it. Patrick Kwok seconded, and the motion carried
unanimously.
Road, APN No. 342-18-020:
Grant a negative declaration
b) rove the rezoning of a 1.31-acre parcel from RHS (Residential Hillside to
RH 1 (Residential Hillside Minimum Lot Size 21,000 square feet)
c) Conduct first reading of Ordinance No. 1950: "An Ordinance of the City
Council of th City of Cupertino rezoning of a 1.31 acre parcel from RHS
(residential hillsi to rhs-21 (residential hillside minimum lot size 21,000 square
feet)"
Marcus Nelson, representing the o ers, said there is a 20-25% slope from the building
site to Stevens Canyon Road and that ' too steep for access without significant grading
and retaining wails. There is also truck affic on that road, so that is why they need
access to San Juan Road.
Dean Sayer said he lived about 3 doors away fro this property. He said he was not
opposed to the project, but was concerned about its 'Cory, because it was legally but
forcibly taken away from previous owner. He explain that the owner had tried to
subdivide but was refused by the City, which then took of the land for Stevens
Canyon Road. He was concerned about the possibility of 3 large mes in this area. He
also asked a question about the sewer capacity.
Commuzuty Development Director Steve Piasecki said that the owner wil required to
meet the Sanitary District's requirements to provide sanitary hookups and t impact
other residents. He said that he would confirm that this unit meets the second uni orung
requirements.
Kris Wang asked if this type of subdivision of lots had been done in other adjacent'
properties. Piasecki said that the Dor property is the most recent, and.it is located farther
18 - 18
January 4, 2005 Cupertino City Council Page S
James/Lowenthal moved to deny the appea ~~3~-aphs~-.the_ Planning Commission
15. Consider Application No.(s) EXC-2004-15, U-2004-O1, ASA-2004-02, EA-200402,
Pinn Brothers, 20128 Stevens Creek Boul~~vazd (former]y Adobe Lounge}, APN No. 369-
03-001. (This item was continued from 11!16/04}:
a) Grant a negative declararion
b) Approve an Exception to the Heaat of the City Specific Plan fora 5-10 foot side
yard setback
c) Approve a use permit for amixed-rise retail (2,000 square feet) and residential (29
units) development and the demolition of an abandoned restaurant building
d) Approve architectural and site approval for amixed-use retail (2,000 square feet)
and residential (29 units) development
In response to a request by a Council meTnber, applicant Greg Pinn said he was not in
favor of continuing this item to a Iater time:, '
Community Development Director Ste`fe Piasecki reviewed the staff report, and
introduced Randol Mackley, a principal with The Real Estate Group, and explained that
he was a consultant hired by the City with Funds provided by the applicant. '
Mackley explained that he had teem hired as a neutral party to report on the viability of
retail development in the Stevens Creek Boulevard area. He said that the Adobe Lounge
site. is in an area with an excellent demographic with a high level of traffic. However
viability of a retail use is limited because the narrow street front area, and there is little
space is available for parking. He said he: would recommend a quality retail use on the
Stevens Creek Boulevard side of the property, with far better architecture than is typically
seen, He suggested a use such as a higher end jewelry store, men's apparel, etc. He talked
about the site of the former Santa Barbara Grill and said that lack of access eliminates any
success for retail, and would remain a problem for a restaurant. Mackley suggested the
Adobe Lounge applicant discuss his site; with a real estate advisor, and emphasize
improvements in parking and trash manag~~ent. He said the proposed 2,000 square feet
is viable and has high probability of succes;> in terms of leasing.
T~urt Anderson reviewed the site plan, parking spaces, elevations, circulation plan, and
location oftrash enclosures. He said there would be 1, 2 and 3-bedroom units.
18 - 19
January 4, 2005 Cupertiryo City Council Page 6
Senior Planner Colin Jung explained that the proposal is consistent with the Heart of the
City plan, as well as requirements far parking and traffic Level of Service. The applicant
requests an exception to reduce the side setback from 17.5 feet to 5 feet for the four foot
tall parking podium at the rear of the property, and wails would have a minimum setback
of 10 feet. This request is necessary to create the underground parking area.
Virginia Tamblyn, Bixby Drive, felt the project was poorly planned, that underground
parking garages aze unsafe, that building is being crowded into the space, and there will
be a negative impact an adjacent housing units.
Tom Hugunin, Loretta Court, felt the decisions should wait until the General Plan is
done, and the current proposal seems to be taken retail versus primary retail.
Deborah Hill, Cupertino resident, agreed that underground parking garages are unsafe.
The public hearing was closed at 9:10 p.m.
Council members discussed the matter, and James/Wang moved to deny the proposal.
Greg Pinn said he did not think that the Council had a legal right to deny this project. He
said that a hotel had already been approved far this site, and it was larger (3 stories), and
right on the property line. Three years later, after spend hundreds of thousands of dollars
and receiving no opposition from the public and full approval from the Planning
Commission, a continuance had been agreed to only so that Randol Mackley could report
to the Council on the viability of retail uses on Stevens Creek Boulevard. After further.
discussion among Council and the applicant, Pinn indicated he accept a 3 month
continuance to address design-related issues.
James withdrew her previous motion, and offered a new motion to continue the item for 3
months subject to additional public notification, to give the applicant time to review
Council's input and make adjustments to the plans. Sandoval seconded, and the motion
carried by the following vote: AYES James, Lowenthal, Sandoval. NOES. Wang and
Kwok.
The Community Development Director summarized the Council's comments as follows:
The City Council requested fewer units, more retail, mare surface parking, greater
setbacks to match at least one-half the building wall height and/or one-half the roof height
as they go away from the property line; assurances that the retail tenants will produce
retail sales tax, such as restaurants and product sales; uses would not include personal
service establishments; and underground parking was not adeal-breaker.
18-20
January 4, 2005 Cupertino City Council Page 7
James asked that the record reflect that she did not think the Council should wait for the
General FIan to decide on this project She also said that it was appropriate to compare
this proposed residential use to a hotel use:, because a hotel brings in much more revenue,
and residential uses cost the city more in services.
Kwok said he was opposing the project because he felt it was too dense, the type of retail
he expects there is not realistic, and he strcfngly believed there should not be exceptions.
The unci] meeting was recessed from 9:42 p.m, until 9:50 p.m.
PUBLIC ARINGS (continued)
16. Consider placation No.{s) M-2004-09, R-2004-40 for Centex Homes, The Murano
Developme {formerly known as Saron Garden} and adopt resolutions:
a) Modifrcati s to the previously approved site plan of use permit no. U-2003-02 to
widen Poppy ay from Z8 feet to 3~ feet to add a parking lane, Resolution No.
05-OIO
b} ~ Exceptions to the R1 finance allowing reduced setbacks and floor area ratio
over 45% for two single- ily homes located on Poppy Way, Resolution No. 05-
011
The City Clerk distributed a letter da Dec. 19 from Gary Albright opposing an
exception for reduced setbacks and floor ar~e~airatio over 45%.
James clarified that the exceptions are requested the community and are not made to
benefit the developer.
Jennifer Griffin said the pictures showed tlxat there was an vious danger because Poppy
Way was not straight, but in this situation allowing only a -foot backyard for a large
family home was not a good precedent.
Greg Maleski, Poppy Way, asked the Council to remember that the o er houses across
from these very large homes are two single-family homes of only 1500 sq re feet each.
The public hearing was closed at 9:58 p.m.
James asked that the record reflect that this action was taken at the request of the P~py
Avenue residents, and she hoped that the; results of straightening the street would_ b~a
satisfactory. She expressed concern that the new alignment would increase speeding, and
18-21
March 1, 2005 Cupertino City Council Page 3
Blvd. (formerly Alotta's Delicatessen}.
9. Adop resolution approving a Maintenatsce agreement with Civic Park Master
Association, caner of all real property and improvements consisting of Lot A as
described on Tra o. 9535, and the City of Cupertino, Resolution No. OS-035.
10. Adopt a resolution appro ' the First Amendment to the agreement providing for
implementation of the Santa C Valley Urban Runoff Pollution Prevention Program,
Resolution No. 05-036.
11. Adopt a resolution approving an Improvement a ment for Mehdi Moazeni, a married
man and Mohsen Amini-Rad, an unmarried man as ~nt Tenants, 10580 San Leandro
Avenue, APN 357-OS-045, Resolution No. OS-037.
12. Adopt a resolution approving a Grant of easement, roadway, for ehdi Moazeni, a
married man and Mohsen Amini-Rad, an unmarried man as Joint Ten ~ 10580 San
Leandro Avenue, APN 357-05-045, Resolution No. OS-038.
PUBLIC HEARINGS
13. Consider -Application No.(s} U-2004-O1, ASA-2004-02, EA-200402, Greg Pinn (Finn
Brothers Construction), 20128 Stevens Creek Boulevard (former Adobe Lounge), APN
369-03-001:
Applicant Gregg Pinn reviewed the history of this applications for this site, mixed-use
residential, and a large hotel use which had been approved but not built. He discussed the
most recent changes made at the request of Council, which included lowering the height,
reducing the density, and increasing the retail size and allure. He showed a rendering of
the Iatest plan and explained that they had eliminated the residential portion over the
retail, so the retail would stand out more, and they also added another surface parking
stall.
Kwok said that at one time the Council had talked about an in-lieu fee to make up for a
reduction in retail. He asked what the applicant could do to make up for the Ioss of
revenue, such as putting funds into an additional park fee or the general fund.
Finn said he's looking into a way to donate funds to allow the library open to stay open
on Sundays as well as funds for park fees.
Council member James said the City Council does not currently have a policy to require
in lieu fees for reductions in retail. She said that it would be great if the applicant wanted
to make a donation to the library, but any in-lieu fee requirements must first.be discussed
18-22
March 1, 2405 Cupertino CitS~ Council Page 4
and adopted by the City Council and shouldn't be discussed during the review of a
particular project.
Bob McKibbin, Cupertino resident, said he felt the process was confusing and the
numbers were frizzy; that this is still a residential development with a negative impact on
city revenue and on schools; and that there is insufficient parking. He suggested that the
City hold out for retail, or at least send the revised project back. to the Planning
Commission for review.
Tom Hugunin was apposed to the project. He said there was limited maneuvering space
in the parking garage, and said the project appears to offer token retail in exchange for
residential. '
Dennis Whittaker said he was concerned about insufficient parking, impacts on schools,
sales tax replacement, and how below-marl';et-rate apartment dwellers could be forced out
when the units become condos. He asked that the project have more retail, more parking,
and less density. _
Wang moved to send this item back to pl~uuiing commission for further review. Kwok
seconded, and the motion failed with Council members James, Lowenthal and Sandoval
voting no.
I.owenthaUJames moved and seconded to approve a Negative Declaration. The motion
Carried nnanimOtlsly.
Lowenthal/James moved and seconded to approve the revised Use Permit for amixed-use
retail (2,395 square feet) and residential condominium (23 units} development and for the
demolition of an abandoned restaurant building, subject to the stag recommendation as
shown below. The motion carried with Kwok and Wang voting no.
o The approval should be based on tl-e current revised plan set and revised project
of 2,395 square feet of retail space and 23 residential condominiums
o Applicable development fees should be commensurately adjusted to reflect the
reduced scope of the project
o The use permit conditions of approval should be amended to restrict the
commercial building space to only a retail use
o 'The building permit plans shall substantially conform to the rendering submitted
at the City Council meeting as determined by the Design Review Committee in
consultation with the architectural advisor
LowenthaUJames moved and seconded to approve the revised design for an Architectural
and Site Approval for amixed-use retail (2.,395 square feet) and 23 condominium units,
18-23
Mazch I, 2005 Cupertino City Council Page 5
subject tv the conditions recommended by staff, above. Motion carried with Kwok and
Wang voting no.
TIONS (continued)
Ned Britt, pertino resident, referred to an upcoming election for a pazcel tax for the library
district, whic would be conducted by a mail ballot. He asked if the City can use a.mail ballot
for elections of than filling Council seats, or if the initiatives were to pass in November,
whether a mail bal t can be used if there are exceptions to vote on.
The City Attorney said at Cupertino is following the election iaw that applies to municipalities,
and the initiatives aze alr dy set for election in November. He said that the library district
election might fall under a sp ial law that allows mail ballots.
Mayor Kwok reordered the
NEW BUSINESS
consider item No. 15 next.
15. Adopt a resolution approving a s '-rural designation to eliminate the requiremeAt for
sidewalks and streetlights for Scof el 've, Sunrise Drive and the northern portion of
Rodrigues Avenue, west of De Anza oulevard pursuant to Ordinance No. 1925,
Resolution No. 05-039.
James/Wang moved and seconded to adopt
including language from the staff report rE
unanimously.
an No. 05-039, with a condition
streetlights. The motion carried
Mayor Kwok reordered the agenda to discuss item Nos. 21 and
STAFF REPORTS
21. Receive a status report on weekly single-stream recycling and yard, waste service. (No
documentation in packet).
The City Clerk distributed a memo from the Public Works Director along w a brochure
about the new weekly recycling program and illustrating the new garbage an recycling
toters.
Public Works Director Ralph Qualls said the weekly service will be fully impleme~
May, and Los Altos Garbage Company wil! work with any residents to address
regarding toter storage or placement.
18-24
Attachment D
CITY OF
City of Cuperfino
10300 Torre Avenue
Cupertino, CA 95414
(408) 777-3251
FAX (408) 777-3333
CUPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT
Agenda Item No.
Applica#ion: M-2009-07
Applicant: Catherine Chen
Property Owner: Catherine Chen
Property Location: 20130 & 20132 Stevens Creek Blvd.
Agenda Date: September 8, 2009
Application Summary: Modification to an existing Use Permit (U-2004-01) to modify a
condition related to retaii use.
RECOMMENDATION:
Consider the applicant's request to modify th.e existing Use Perrnit relating to the
allowable uses on the site.
BACKGROUND:
On March 1, 2005, the City Council
approved a Use Permit (U-2004-01)
allowing the construction of a mixed-
use development (a.k.a. Adobe
Terrace) consisting of 2,395 square
feet of retail space and 23 residential
condominiums, located at 20128
Stevens Creek Boulevard. The
project was approved with a
condition that limited the commercial
spaces to retail uses (see Attachment
1 for the approved conditions).
Currently, 50.1% of the commercial
space is occupied by Max Muscle, a
retail health food store, and 49.9% is
18-25
=Retail Commercial Space
M-2009-07
September 8, 2009
_ Page 2
vacant (previously occupied by
Alexa Eye Wear -see picture to
left).
The applicant, Catherine Chen,
recently acquired the commercial
portion of the mixed-use
development with the intent to
locate a State Farm Insurance office
in the remaining vacant space. The
applicant was not aware of the retail
limitation on the property and~is
requesting that the condition be
modified to allow greater flexibility
of uses (Attachment 2).
DISCUSSION:
Intent of the Original Council Condition
When approving the original mixed-use residential/commercial project, the City
Council placed a retail limitation on the mixed-use property because it was concerned
about the emphasis placed on residential arid the diminished presence of commercial
uses, given the fact that the prior use for the site was retail commercial- Adobe Lounge
Restaurant. A 77-room hotel was previously approved for the site, but never built.
Similar use restrictions have been implemented in other projects in the City, such as:
• Verona (corner of Stevens Creek Blvd. and De Anna Blvd.)
• Villagio (De Anna Blvd. and Civic Park Ln.}
• Metropolitan (Stevens Creek Blvd., close to Finch Ave.)
The City has consistently supported commercial projects by protecting uses that would
enhance and support quality shopping experiences and healthy retail environments. In
general, shopping districts/centers should be predominately retail oriented (especially
along the primary public frontages and/or public spaces) with supporting ancillary
office and/or personal service uses. Mid-block commercial properties along major
commercial corridors should also maintain a retail predominate frontage in order to
avoid dead spaces or voids that would interrupt pedestrian connections and shopping
experiences.
General Commercial vs. Retail
The applicant is requesting that the prior condition limiting the commercial building to
retail uses be modified to allow for general commercial uses on the site. According to
the Chapter 1.56 of the Zoning Ordinance, General Commercial (CG) uses include the
following:
2 ~ 18-26
M-2009-07 ~
September 8, 2009
Page 3
7. Retail businesses (i.e., restaurants, a~~parel shops and variety stares)
2. Professional offices (not more than 2;5% of a shopping center)
3. Commercial offices (i.e., financial institutions, insurance and travel agencies)
4. Vocational and specialized schools (na more than 50% of a shopping center)
5. Personal service establishments (i.e., Beauty shops and m~ssage services)
6. Child day care facilities a.
7. Private clubs and lodges
Please note that even though the CG zoning district Iirnits uses such as professional
offices and/or tutorial services, it does not ha~re any limitations on commercial offices,
personal services and child care uses. If general commercial uses were allowed on the
subject property, the entire commercial building may be occupied by child care or
commercial office uses.
Public Comments
City staff received five letter/emails in support of the applicant's request to modify the
use permit. (See Attachment 3)
PLANNING COMMISSSION OPTIONS
The Commission may recommend the following to the City Council:
1. Approve the modification request and allow General Commercial (CG) uses with
limitations; or
2. Approve the modification request and ;~l1ow General Commercial (CG) uses
without specific limitations; or
3. Deny the modification request, which v~rould retain the requirement for 100%
retail use.
Prepared by: Colin Jung, Senior Planner AICP
Reviewed by: Approved by:
~--; _
r
G ao ~ arti Shrivastava
City Planner Community Development Director
Attachments
Model resolutions for approval and denial
Attachment 1: March 3, 2005 City Council Action Letter (with conditions of approval)
Attachment 2: Proposal Letter from Applicant
18-27
M-2009-07
September 8, 2009
Page 4
Attachment 3: Public comment letters and emails
Attachment 4: March 1, 2005 City Council staff report
Attachment 5: November 16, 2004, January 4, 2005 & March 1, 2005 City Council meeting minutes
G:nrmn~rogmDre~OnrycM.rnoreslloo9~M-zoov-a~.da
4 18 - 28
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Attachment G
_:~ w - City Hall
_ -~
r - .~ ' ' ~ ~ 10300 Torre Avenue
~~' , ' '.. '~V
Cupertino, CA 95014-3255
~ Telephone: (408) 777-3223
CITY OF FAX: (408) 777-33bb -~
CUPE~T1N~
OFFICE OP THE CITY CLERK
September 20, 2006
Curtis Leigh
Hunter Properties
20725 Valley Green Drive
Cupertino, CA 95014
Re: Consider Application No. M-2406-03, Curtis Leigh (Cupertino Town Centerl, Southeast
cornet of De Anza Blvd. and Town Center Lane, APN No. 369-40-043: Planning
Commission referral to the City Council for'Modification of a Use Permit (U-2002-06}
for 19,135 square feet of retaiUrestaurant space to clarify that general commercial uses are
allowed.
Dear Mr. Leigh:
At its September 19, 2006 meeting, the Cupertino City Council approved Application No. M-
2006-03 to modify use permit U-2002-06 to clarify that general commercial uses are allowed.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
CLARIFICATION OF USES ALLOWED
General Commercial uses with the following restrictions are allowed in the 19,135 sq. ft.
at 10440 S. De Anna Boulevard.
a. Minimum 50% of the space for retaiUrestaurant spaces. Retail space is defined as
any business that generates 50% of its in-store sales receipts from in-store sales of
products. Internet sales do not count toward this figure, although internet sales are highly
encouraged.
b. Limit financial institutions and other non-retaiUres#aurant uses to 60% of the De
Anza Boulevard frontage,
c. Minimum 40% of the De Anza Boulevard frontage must be retaiUrestaurant, and
d. Vocational and specialized schools, dance and music stullios, gymnasiums and
health clubs are prohibited.
18-38
Printed on Recycled Paper
M-2006-03 Page 2 ~. September 20, 2006
2. BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accompany quay new business license applications from
tenants of the above space attesting that they conform to the above conditions.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Comm~unity Development at 408-777-3308 for
clarification. Failure to incorporate conditions intro your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and otb~er exactions. Pursuant to Government
Code Section 66020(d)(i), these conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, and other exactions, Iursuant to Government Code Section
66020(x), has begun. If you fail to file a pro#est within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later challenging
such exactions.
Any interested person, including the applicant, p~~ior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision„ Any petition so filed must comply with
municipal ordinance code X2.08.096. .
Sincerely:
~~~ I~'
~~
Grace Schmidt
Deputy City Clerk
cc: Community Development
John McMorrow
Cupertino Town Center
1733 Woodside Road, Suite 125
Redwood City, CA 94061
18-39
Attachment H
CUPERTINO
Apri18, 2009
Teeny Tsai
1650 Technology Dr #600
San Jose, CA 95110
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: {408) 777-3223 • FAX: {408) 777-3366
Civic Park Cupertino, LLC
Cupertino Villiago Business Square LLC
P.O. Box 1325
Menlo Park, CA 94026
Re: Consider modification to an existing Use Permit (U-2002-06) to amend the
conditions to allow specialized tutorial or studio uses, and the amount of office/retail
uses along De Anza Boulevard. Includes a reassessment of the shared parking
arrangement within the parking structure, Application No. M-2009-01, Teeny Tsai
(Civic Center, LLC), 20050 Town Center Lane, APNs: 369-55-082 and 369-55-083
Dear Mr. Tsai and To Whom It May Concern:
At its Apri17, 2009 meeting, the Cupertino City Council modified condition 1D to allow up to 50%
occupancy of schools, dance and music studios, gymnasiums, health clubs and similar businesses,
along Town Center Lane, excluding the two building corners.
The Use Permit conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED. BY THE COMMUNITY DEVELOPMENT
DEPT.
1. REVOCATION OF M-2006-03
Use permit modification, file no. M-2006-03, is hereby revoked and replaced with the -
following use permit modification, file no. M-2009-01.
2. CLARIFICATION OF USES ALLOWED
General Commercial uses with the following restrictions are allowed in the 19,135 sq, ft.
located at the southeast corner of South De Anza Boulevard and Town Center Lane.
A minimum of 50% of the building area shall be occupied by retail or restaurant usese I?aetail
space is defzned as any business that generates 50% of its in-store sales receipts from in-
M-2009-01
Apri18, 2009
store sales of products. Internet sales do not count toward this figure, although internet sales
are highly encouraged.. Vocational and specialized schools, dance and music studios, and
gymnasiums and health clubs are prohibited from occupying the anchor .tenant spaces
located at the building corners.
3. BUSINESS LICENSE REQUIREMENTS
A letter from the landlord shall accompany any new business license applications from
tenants of the above space attesting that they conform to the above conditions.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are in~:talled. .
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 660.20(d){l), these conditions constitute iwritten notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that fhe 90-day approval period in which you may protest these fees,
dedications, and other exactions, pursuant to Goti~ernment Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from latE~r challenging such exactions.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so fled must comply with municipal
ordinance code X2.08.096.
Sincerely:
Grace Schmidt
Deputy City Clerk
cc: Community Development
18-41
2
Attachment 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO PLANNING COMMISSION -
DRAFT MINUTES
6:45 P.M. SEPTEMBER 8, 2009 TUESDAY
CUPERTINO COMMUNITY HALL
The regular Planning Commission meeting of September $, 2009, was called to order at 6:45
p.m. in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, California, by Chair
Lisa Giefer.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Chairperson: Lisa Giefer
Vice Chairperson: Paul Brophy
Commissioner: David Kaneda
Commissioner: Winnie Lee
Commissioner: Marty Miller
Staff present: Community Development Director: Aarti .Shrivastava
City Planner: Gary Chao
Senior Planner AICP: Colin Jung
APPROVAL OF MINUTES: None
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARING
1. M-2009-07 Modification to an existing Use Permit
Catherine Chen (U-2004-01) to amend the conditions to
(Cupertino Adobe LLC} allow commercial/office uses where only
20130 & 20132 Stevens retail had been allowed. Tentative City Council
Creek Boulevard. date: October 6, 2009
Colin Jang, Senior Planner, presented the staff report:
• Reviewed the application for a modification to the use permit to allow greater flexibility of
use of the commercial portion of the mixed-use development. The original application was
approved in March 2005 with the condition that limited the commercial spaces to retail uses
only. Currently, the applicant wishes to utilize the vacant space as an insurance office which
currently does not fall within the retail uses.
18-42
Cupertino Planning Commission ~; September 8, 2009
He reviewed the general commercial uses included in the General Commercial Zoning
Ordinance, which were outlined on Page 3 of the staff report.
Reviewed the Planning Commission's opticns which include:
• Approve the modification request and allow General Commercial {CG) uses with
limitations;
• Approve the modification request and allow General Commercial (CG) uses without
specific limitations; or
• .Deny the modification request which vuould retain the requirement for 100% retail use.
Catherine Chea, Applicant:
• She reviewed prior modifications that were approved similar to her request. She requested
that the Planning Commission approve her- request for 50% of the building to be used for
retail and 50% for commercial office use. She stated that it was difficult to lease out the
spaces to retail businesses only, particularly in the state of the present economy. She
answered questions about the insurance cornpany office hours and parking requirements for
the tenants.
Chair Giefer opened the meeting for public input.
Vicky Tsai, business owner:
• Supports the application.
• Said that there are many building vacancies on Stevens Creek and she felt it was better to
have a mix of commercial and retail, rather than have vacant storefronts because of the
restriction for commercial use only.
Jody Hansen, Cupertino resident:
• Supports the application.
• Cited a example of a pxevious exception in :002 which allowed a dental office to be located
in a space which was originally restricted to retail; stating that the dental office is still
located there and operating successfully.
• She said that Ms. Chen's insurance office would be an asset to the area on Stevens Creek as
it has been a successful business and it is difficult to find good tenants, especially in the
current economy.
Rudy Elbogen, Cupertino resident:
• Supports the application.
• Said she supported the space being used for commercial use as it is in an area where there is
residential and only one other retail store. [t is a difficult space to lease out to retail since
there is not a big draw to the public. T'he insurance office is a stable business which will
occupy the space for a long period of time ar-d be an asset to the community.
Chair Giefer closed the public hearing.
Cam. Kaneda:
• Said that historically they tried to keep ret~-il in these areas; is that still the feeling or are
there second thoughts about whether retail is appropriate in this area.
Colin Jung:
• Said they conducted research on use restri~;tions for many mixed use projects in the city
which are mostly small storefront, commercial spaces, some with parking in front. It
18 - 43
Cupertino Planning Commission
September 8, 2009
appeared that almost literally without exception, there were retail use restrictions on every
one except the Verona project at Stevens Creek and DeAnza, and called for uses that were
pedestrian oriented day and night uses which could be interpreted to mean retail as well. .
Gary Chao:
• Said that they do place emphasis on retail, especially along Stevens Creek; more when it is
part of a shopping center.
• The Planning Commission and City Council recently has provided examples of flexibility
where you would place some percentage of a use on the building so that you can stiiI have
and preserve that retail component which attracts the activities and provides the filler; and
they also considered the fact that the other spaces may be hard to rent out and allowed some
flexibility in economic situations like this.
Com. Kaneda:
• Asked staff if there was flexibility of allowing one time usage and reverting it back to retail
when the tenant moves out.
Aarti Shrivastava:
• She said that the Commission could, but noted that the applicant is the owner of the
commercial space and would continue being the tenant until she sold the property. She said
staff continues to look at active pedestrian oriented uses as good things, but also look at
situations where it might be reasonable to provide some flexibility.
Gary Chao:
• One other consideration you would have to make is if you would provide some type of one
time use allowance. It becomes difficult to track sometimes; we cannot control the timing
and don't know when that is going to expire; it has to be somehow memorialized somewhere
so that we don't get in a situation that is going to get lost. You could put in a condition
where other uses that you may be concerned with would have to come back and have a use
permit or something similar, as an alternative.
Aarti Shrivastava:
• Said that uses could also be limited; restriction to commerciaUoffice and not daycare or
tutorial centers.
Com. Lee:
• Asked staff to validate the number of parking spaces for retail. The applicant talks about the
number of parking spaces on the site. She said she found only 9; 6 on top and 3 on bottom.
Colin Jung:
• There are a total of 67 parking stalls for Adobe Terrace; 7 on surface, 60 underground. The
parking requirement is 46 for residential, 10 currently for commercial calculated at a retail
commercial rate, leaving an excess of 11 stalls now. He said he did not know whether Ms.
Chen had access to all of those 11, there may be something in her purchase agreement or the
CC&Rs that says she doesn't have access of all of those but that is what the project had built
in over and above what was needed by the uses of the property.
18-44
Cupertino Planning Commission
Ms. Chen:
September 8, 2009
• Said she had access to 7 on top for surface parking, and 9 underneath. She said she did not
anticipate any parking problems because pt:ople did not come all at the same time, and the
most she has seen at once was three.
Com. Miller:
• Said he had no further questions.
• Said he was sympathetic to Ms. Chen's comments; she presented examples of how the city
has been accommodating in the past, and in those particular situations where ik is not a larger
center and is the stand alone small shops that have no synergy with other areas; it seems
appropriate to show flexibility and allow other than retail uses to go in there:
• He said he would much rather have filled space that is not retail than vacant space that
doesn't generate any income and looks bid in the city in general. It doesn't present a
favorable image when driving up and down the main streets to see a lot of vacant shops.
• He said he would support allowing the exception which is specifically what was granted the
facility on DeAnza; it seems the right thing i:o do in this case.
Chair Giefer:
• Said that another issue was how to memorialize those things; one of the issues brought up
was that when Ms. Chen purchased the specific building, the restriction was not readily
available to her, even though she did t,y to get that information. How should they
consistently memorialize these specific requirements; should it be done in a deed restriction
or how else can it be done.
Aarti Shrivastava:
• Said the City Attorney suggested a deed restriction as the most obvious venue; so if someone
were buying property, they would be able to go through their deed and see those restrictions.
Com. Kaneda:
• If all properties in the city have some kind of zoning on them, restrictions on what you can
and cannot do, is this unusual case or is this lust a case where the owner just didn't know.
Aarti Shrivastava:
• Said that most projects tha# have gone through the use permit process, do tend to have some
restrictive requirements, typically the mixed use projects which have a pedestrian oriented or
retail restriction. In looking at other projects too, sometimes neighbors who have issues
come to the meeting and express concerns, and uses are restricted.
• Said the property restriction was not unusual to mixed use developments; but unusual in the
sense that if you looked at the base zoning ;you wouldn't have known, until you looked into
the project details.
Com. Miller:
• Said that after speaking with staff, his first response was a deed restriction; however, after
further reflection, he was not certain it was a good idea. It makes sense if they are certain
they are never going to want to change it for some unknown reason, and the obvious good
example is landscaping which is for screening for one neighbor vs. another or landscaping
for commercial. However, people are coming in for exceptions for these types of
applications and it is to some extent a function of the economy and also of what is changing
in Cupertino, and by putting it in the title, it makes it a lot more difficult to change and he
said he was hesitant to do it at this point.
18 - 45
Cupertino Planning Commission
September 8, 2009
Vice Chair Brophy:
• Said that once again, they are seeing another .failed attempt of the city trying to force retail
uses onto sites that simply won't work, and hopefully it won't continue in the future. In the
meantime, they have to clean up the problem.
• He said he did not feel the issue was a result of a bad economy; the project has been open for
several years, during a good economy, just as Velagio and Metropolitan, so to say that this
site has a problem because of a cyclical issue just doesn't comport with the facts. He felt the
best way to deal with the existing ones that have to be cleaned up is to get the spaces filled
up and not do this anymore. He proposed Option 2, since they did not know what the future
of Max Muscle Shop was; it is only 2400 square feet that is in question, and he would rather
see the space reverted to allow General Commercial uses as well. Relative to the issue of
deed restriction, a potential solution is to put it in the deed restriction saying that this
property is zoned under a Planned Development Ordinance in the City of Cupertino and that
any purchaser should check with the city to find out what the restrictions are under the
Planned Development, rather than listing the speck restrictions.
Com. Kaneda:
• Said he was sympathetic to the city's attempt to get retail in, because he felt some of the
things that the city has tried to do are longer term and sometimes cause tension between what
is happening in the short term and what is happening in the Ionger term. Relative to this
particular site, he said he agreed with the other commissioners that the site is so landlocked
from other retail that it will be years before the building could have viable retail; and even in
a good economy, it would be a challenging place to keep retail going until the rest of the
neighborhood develops much further. .
• Said he agreed with Vice-Chair Brophy and Com. Miller.
Com. Kaneda and Com. Miller:
• Said they would support either 50/50 or General Commercial.
Chair Giefer:
• We agree that it is not correct as it is; and are open to options, which the applicant is as well.
Com. Lee:
• Said it is difficult for retail to do well if it is not in a corner location; the subject space is in
the middle of the street so it is more difficult; there is only one area of ingress/egress access
and it is a narrow space. She said on a site visit she spoke with the owner of Max Muscle,
and he said one of the reasons it could be difficult is because by the time you drive Stevens
Creek you already passed the entrance to the parking lot. It is a unique site because there are
23 condos in the back and sometimes people use some of the 7 surface parking spaces
dropping people off during the day; sometimes pazking can be an issue.
• She said she did not feel it was detrimental to their long term vision goal to have part of this
location be non-retail; hence she was open to 50/50; would prefer it to be 51 % retail and
49% commercial. She expressed concern that if in the future Max Muscle doesn't do that
well, if they open it up to General Commercial then the space may become a 2500 square
foot child care facility or similar. She said she was okay with commerciaUoffice which
would include real estate, travel agents and insurance, 49%.
~a-as
Cupertino Planning Commission 6 September 8, 2009
Vice Chair Brophy:
• Said that relative to the 50/50 vs. 100% the: reason he was arguing for 100% when even the
applicant isn't asking for that is his concE;rn for what happens if and when Max Muscle
decides to relocate to another location. It is a very difficult site to find another retail and
should that happen, there is the likelihood of the applicant coming in saying the space has
been vacant for 5, I2, 24 months and can it be changed again. He said they should
recognize that this space should never have been built, should never have been limited to
retail space, being only 2400 feet with no connection to retail space on either side. He
recommended cleaning up the situation now.
Chair Giefer: '
• Said that Vice Chair Brophy's comments expressed her opinion also. It is such a small
space; they need to provide flexibility; there needs to be a retail presence and have it tie in.
In another IO-15 years, retail may domin~ite and they may get #hat completely walkable
frontage they want along Stevens Creek but you have to have a certain amount of density
which the community does not support today. She was hopeful that Ms. Chen's business
grows and at some point she will need this space Max Muscle is in, and will be able to
expand. If the retail space needs more squa~~e footage and it makes sense for her to move out
because she can get more money for the sq~iare footage than the business she is generating,
either way she would rather give the owner flexibility on this space today to be more
efficient in the future and also retain the city's vision. She said she believed it would
happen, it is just a matter of when, and presently the market indicates that they want more
commercial uses.
Said she supported allowing 100% commercial or retail and choosing Option 2; she
supported the language Vice Chair Brophy suggested to include as a deed restriction, not the
specifics, but just saying that there are deed restrictions and that they need to check with the
city on the specifics for that.
Com. Kaneda:
• Said he supported the language that would ,provide some type of warning that they need to
check something without actually putting the specifics into the deed restrictions.
• Clarified that they were suggesting a deed restriction but the wording is not "that you must
do" but will be to "check with the City on what the current requirement is."
Motion: Motion by Vice Chair Brophy, second by Com. Miller, to approve Application
M-2009-07, with the following modification: Page 1-5 language in bottom
paragraph, delete words "restrict :~ minimum of x% of the commercial building
space to only retail use, the remaining percentage or less of xx..." and replace
with "the City Council action letter pertaining to Application U-2004-01 is
hereby modified to allow that the commercial building space may be used for
General Commercial."
Chair Giefer presented a friendly amendment to Condition 2, add "a covenant
shall be recorded on the property that will notify potential owners of the
property that the property is in a Planned Development zone and the potential
property owner should check with the city on the allowed land uses"
Vice Chair Brophy and Com. Mille;r: Agreed to friendly amendment.
Vote: Motion carried 4-1, Coms. Miller, Brophy, Kaneda, and Chair Giefer
voted Yes; Com. Lee voted No.
18-47
Cupertino Planning Commission 7 ~ September 8, 2009
Com. Lee stated her reason for voting no was that she wanted to leave half for retail use.
She expressed concern that the entire building might become a child care facility or
personal service establishment.
2. DIl2-2009-20, EXC-2009-07 Director's Minor Modification to allow the
Gordon Bell installation of a personal wireless communications
(Cupertino Loc-n-Store, Inc.) facility consisting of 3 panel antennas and 3 microwave
10655 Mary Avenue dishes to be affixed to a proposed extension of an
existing PG&E lattice tower and a base equipment
cabinet. Height Exception to allow 3 panel antennas
to be mounted at a height of 149 feet and 3 microwave
dishes mounted at a height of 148 feet where 55 feet is
the maximum height allowed. Planning Commission
decision final unless appealed.
Colin Jung, Senior Planner, presented the staff report:
• Reviewed the application for Director's Minor Modification to allow construction of a
personal wireless service facility; 3 panel antennas, 3 microwave dishes mounted on a rack
affixed to an existing PG&E lattice tower, and a base equipment cabinet; and a request for a
149 foot Height Exception for the panel antennas and 148 feet for the microwave dishes, as
outlined in the staff report. ,
• The justification for the height exception request is they are asking for the heights because
the technology of this system is a broadband high speed Internet access service being started
up in the Bay Area and several other locations. The technology is being developed by
connecting all of their cell sites through microwave communications and not through land
lines; it is important for them to have the microwave antennas because the communications
are straight line of sight, that they be able to see over everything else. Every application
received on a preliminary basis has been on top of PG&E lattice towers or on very tall
buildings here in Cupertino, so they need the extra height to make sure all of their sites are
connected. PG&E is requesting that the applicant apply for 12 foot extensions rather than 6
foot extensions because they want to be able to accommodate co-locations of other antennas
on their towers without having to go up there and change it out when they get another
request or interrupt a service of the carrier in situations where they would need to ask for a
slightly taller extension. The referral was sent to the designated TIC commissioners, and one
who responded was supportive of the project. Notices will be sent to those property owners
within 1000 feet of the property.
• Staff's recommendation is to approve the Director's Minor Modification and the Height
Exception per the model resolutions.
Gordon Bell, Bell & Associates, Agent for Clearwater:
• Explained that the technology was different in that they are not using Tl lines for their
connections to their facilities; every site is connected and linked to other sites for
communications. Clearwire is in the process of launching 1,000 sites in the Bay Area and
Clearwater has been assigned about 100 sites in the Silicon Valley area; currently there are 8
vendors working in this area to bring the network up on line. The sites go all the way up
through San Francisco and to the North Bay Area at the present time. They are looking at
about 6 applications currently in the Cupertino area; each of the sites are actually linked to
one another by the lines of sight for the microwave dishes. He illustrated the location of the
other sites.
18-48
Attachment J
-----Original Message-----
From: Howard 7ensen [mailto:mathteach(aleart:hlink.net]
Sent: Tuesday, August 04, 2009 6:41 PM
To: lgiefer@sbcglobal.net
Cc: orrinmahoney@comcast.net; DaveK@cupert:ino.org; Catherine Chen
Subject: Catherine Chen
Hello,
My name is Gail 7ensen and I have been a Cupertino resident for 55 years. I am a
40 year veteran teacher retired from the Fremont Union High Schaal District and
currently serve as President of the Cupertino Quota International Club. I am
writing to you on behalf of one of our outstanding members, Catherine Chen.
Catherine bought a piece of property in good faith on 20132 Stevens Creek Blvd.
In Cupertino (the old Adobe Restaurant property}. The sellers never informed her
that the property was restricted to commercial sales use only.
Catherine, a loyal Cupertinian, who has served as President of the Connect Club
II of the Chamber, voted best small business by the World journal, raised via her
own efforts a team for Cupertino in the Relay for Life, and currently serves as
first Vice President of Quota International, has been hoodwinked by the seller
and given the cold shoulder by the city and Planning Commission in General.
I encourage you to think about the customers for local businesses, such as
restaurants, that could be generated through Catherine's insurance customers, and
to remember that in tough times we want to encourage businesses to stay in our
city, a city we all love and want to see continue to be supported by its
constituents.
Sincerely yours,
Gail 7ensen
mathteach(a}earthlink.net
18 - 49
.~.
!~. -
ALAIN PINEL
August 26, 2009
To whom it may concern,
This letter is to verify that as the Buyer Agent in the real estate transaction of
20130 & 20132 Stevens Creek Blvd. Cupertino CA 95014, closed on July~10
2009, we have never received any of the following permits or letters
concerning the Property as only aretail-use, from the Seller, Adobe
Investment Inc., Pirin Brothers:
(1) fetter from Grace~Schmidt,.Deputy City Clerk of Cupertino City, to
Greg Pinn, dated~on March 3, 2005 -total-7 pages
{2) fetter from Jeff Curran, COO~of Pinn Brothers, to Kelly Kline, City of
Cupertino Planning, dated on February 26, .2008 -total 1 page
Regards,
~~~~
Joseph Yen '
DRE#01-136969
Alain~Pinel Realtors
Lily Fu '
DRE#01842120
Alain Pinel Realtors
12772 Saratoga-Sunnyvale Rd. I Saratoga, CA 95070 I Office 4D$.741.1111 I epr.coml8-50
Catherine Chen
From: Winnie Pang
Sent: Monday, August 31, 2009 3:38 Ph1
To: Catherine Chen
Subject: Letter to City Hall
TO: PLANNING COMMISSION. CITY COUNCIL
FROM: Xuan Pang
My name is Xuan Pang. Catherine Chen is my S#ate Farr Insurance agent for the past 8 years.
She and her husband bought the building on 20130 & 20132 Stevens Creek Blvd, Cupertino, in July 2009.
Because the builderlseller never disclosed to her that building is zoned for Retail Only during the real estate
transaction.
Catherine Chen learned this Retail use permit issue whe;~ she's ready to do the tenant improvement from
the City Planning Department. Now she cannot move in fier new purchased building for her own insurance
Agency. Now she stuck with mortgage payment (from August 1) and monthly rent to her current location's
landlord and the $4,446 hearing application fee to the City. No one can afford 2 rent checks every month for
a short period of time. This prolong period will cause the financial hardship for Ms. Chen or anyone who is
in her shoes.
Since 20132 Stevens Creek Blvd. has been vacant for more than one year. Vacant, one more empty space on
Stevens Creek Blvd. The empty storefront does not generate any sales receipts to the Ci#y of Cupertino at all.
It just shows to the drive by people that the economic is clown, nobody wants to bring their business to the City
of Cupertino. Why not let Ms. Chen move her insurance ~~gency info the space? Since Ms. Chen is also the
victim
of the purchase transaction.
Catherine Chen Insurance Agency has been in business since 2001. Her office is very successful and has Lots
of customers, her office is always clean, professional and: profitable: Ms. Chen's policyholders wil! move
with Catherine to her new location on Stevens Creek Blvc1. and will defnitely bring their business to the nearby
restaurants, hair/nail salons, sandwiches shop, title company, etc when they get to know mare about the
nearby
businesses. This is win/win situation for City of Cupertino and Ms. Chen.
Ca#herine has been active in the Cupertino community, Chamber of Commerce since she's in business in 2001
she has been president of AABC (American American Buisiness Council), Bridge Award winner in 2005. Board
of
Director of Chamber of Commerce in 2006, Catherine was the team captain for Relay for Life in 2008.
Catherine raised $5000 + for American Cancer Society within one month.
We all want successful business to come and stay in Cu~~ertino. Catherine Chen Insurance Agency has lots of
walk-in which generate lots of foot traffic to and around hE;r agency. All her policyholders will definitely give
their
business to nearby other kind of business, i.e. restaurant, hair/nail salon, healthy food, groceries, etc.
Please consider use permit modification on 20132 Stevens Creek Blvd for Catherine Chen.
18-51
^
Thursday, August 27, 2009
AlmadenCenter • Almaden Esp. And Vis Valiente • (408) 997-7590
u ran ~ Cupertino/Saratoga Center • De AnTa and McClellan • (408) 446.4955
Los Gatos Center • By Los Gatos High School • (408) 399-9745
® Willow Glen Center • Lincoln and Curtner • (408) 979-9900
A Class Above. Guaranteed:"
To Whom it May Concern:
Catherine Chen's Cupertino State Farm office has been located next to my tutoring business for the past 7 years.
During that time, Catherine's business has been a perfect complement to my business. Her up-scale, affluent
customers frequently became customers of mine. In addition, during that time, I have never had any difficulties with
her, her business, or her clientele.
If you have any questions or concerns, please don't hesitate to contact me directly at (408) 446-4955.
Sincerely
.-
Mike Flynn
Ownexs
18-52
Aug 27~, 2009
70 : CITY OF CUPERTINO, PLANNING COlv1MITTEE & CITY COUNCIL
FROM: Daniel Yang
I've been long time Cupertino resident re:>ides on Heatherwood Dr.
Catherfne Chen has been my State Farm agent for the past 8 years locates
atl 0555 S. DE ANZA BLVD, STE 125. She alv~iays employs 2 -3 staffs in her office.
Her office has been successful, clean, professional storefront and lots of foot
traffic visiting her office daily. Her nearby I~usinesses have been benefited from
all of her office being there since 2001.
Now Catherine and her husband bought the building at 20130/20132 Stevens
Creek 81vd., Cupertino. In observing the office moving to the new location, all of
her clients will continue to visit her office to make the payments, get the quotes
& get insurance advice and eventually gf:t the chance to know those business
surround her new location.
All those restaurants, grocery stores, sandwiches shops & furniture stores will be
benefiting from~her move. Also we strongly wan# the successful business to stay
in Cupertino. Since recent economic down turn and not knowing how long it will
last. We need profitable business to move info the vacant storefront and to
generate more business to nearby busine~~s in our city.
I support Catherine in moving to this new location and wish her continue success
in her business.
Sincerely,
j
Daniel ang
18-53