EXC-2010-03b OFFICE OF THE CITY CLERK
� CITY HALL
10300 TORRE A'JENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (4�)8) 777-3223 • FAX: (408) 777.-3366
October 7, 2010
Jane Vaughan
Cupertino Housing Partners, LLC
c/o Menlo Equities
490 Califomia Ave., 4th Floor
Palo Alto, CA 94306 -
Re: Modification of an existing mixed-u:;e development located at 19501-19507 Stevens Creek
Boulevard (Metropolitan)
Dear Ms. Vaughan:
At its October 5, 2010 meeting, the Cupertin�� City Council made the following action:
• Approved a negative declaration
• Approved modification to the use permit (M-2010-03) and exception to the Heart of the
City Plan (EXC-2010-03) with th� following conditions:
o To allow up to 40% of the total retail space as non-retail restricted to building B
o If the non-retail is a medi�al use, the applicant and City staff will ��vork together
to determine the co.nect parking count for surface parking and underground
parking
� Denied the tentative map (TM-2010-03) and directed the applicant to work with staff to
reconcile the Department of Rea1 Estate paperwork with the original approval, which
gave them two retail condos
The modification to the use permit condition� are as follows unless amended above:
SECTION III: CONDITIONS ADMINIS'rERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. MODIFICATION TO USES ALLOWEI
a. Non-retail commercial uses may oc �upy a m�imum of 60% (3 of the 5 existing tenant
spaces) of the 6,400 square foot ret;iil space along Stevens Creek Boulevard and shall be
limited to Building B. Building A(the remaining 40% of the commercial space) shall
remain for retail uses only.
b. No more than two of the non-retail inits in Building B(40% of the total retail space) shall
be permitted to be occupied by medi�;al office use; the remaining unit in Building B may be
' occupied by a non-retail use as long � s the paxking requirements can be met.
c. Non-retail commercial units shall ha�✓e the flexibility to also be used for retail commercial
uses.
2. PARKING
Employees of the commercial spaces s�iall be required to park in the existing available and
unused parking spaces in the undergrouad parking garage of Building B that were originally
designed for use by the office complex. �To more than seven (7) of these spaces may be used to
accommodate employee parking for the c ommercial spaces with the provision that such parking
spaces are to be striped for commercial e�nployee parking only to ensure that the surface parking
is made available to customers of the corsmercial uses only, and that these requirements will be
incorporated into the CC&Rs.
3. COVENANT RECORDATION
A covenant shall be submitted for reviev� and approval by the City and shall be recorded on the
properry, stating that this property is �inder a Planned Development Zone of the City of
Cupertino. Purchasers of the property a��e advised to check with the City of Cupertino to find
out the specific restrictions under the Pla.iuied Development Zone and related permits.
The covenant shall be recorded prior to issuance of final occupancy of the vacant tenant space.
4. NOTICE OF FEES, DEDICATIONS, RE SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval s�;t forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions cc�nstitute 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 <<pproval period in which you may protest these fees,
dedications, reservations, and other exaclions, pursuant to Government Code Section 66020(a),
has begun. If you fa.il to file a protest within this 90-day period complying with all of the
requirements of Section 66020, you will t►e legally barred from later challenging such exactions.
That the subconclusions upon which the fir dings and conditions specified in this Resolution are
based are contained in the Public Hearing rec ord concerning Application M-2010-03, as set forth in
the Minutes of the Planning Commission M �eting of September 28, 2010 and are incorporated by
reference herein.
The Exception to the Heart of the City conditions are as follows unless amended above: �
SECTION III: CONDITIONS ADNIlNISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
4. EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN ,
a. Non-retail commercial uses may occ upy a ma.�cimum of 60% (3 of the 5 existing tenant
spaces) of the store frontage of the 6,400 square foot retail space along Stevens Creek
Boulevard and shall be limited to �3uilding B. Building A(the remaining 40% of the
commercial space) shall remain for retail uses only.
b. Non-retail commercial units shall ha��e the flexibility to also be used for retail commercial
�uses.
2. NOTICE OF FEES, DEDICATIONS, RE SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval s�;t forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Govemment Code
Section 66020(d) (1), these Conditions c��nstitute 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 ;ipproval period in which you may protest these fees,
dedications, reservations, and other exac�:ions, 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 l�e legally barred from later challenging such exactions.
That the subconclusions upon which the fuidings and conditions specified in this Resolution are
based are contained in the Public Hearing rec;ord concerriing Application EXC-2010-03, as set forth
in the Minutes of the Planning Commission l✓Ieeting of September 28, 2010 and are incorporated by
reference herein.
Please review conditions carefully. If yc�u have any questions regarding the conditions of
approval, please contact the Departmenl 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 :ire installed.
The conditions of project approval set �Fortlt Izerein may include certai�z fees, dedication
requirements, reservation requirements, a, zd otlzer exactions. Pursuant to Govern�nent Code
Section 66020(d)(1), tl:ese conditions cons�itute written notice of a statement of tlze a�nount of
such fees, and a description of the dedications, reservations, and otlzer exactions. You are
I:ereby furt/aer notified that t/ze 90-day a� proval period in wliich you may protest tlzese fees,
dedications, and other exactions, pursuc��zt to Government Code Section 66020(a), has begun. If
you fail to file a protest within tl:is 90-da y period complying with all of tlTe requirements of
Section 66020, you will be lega[ly barred frc�m later chatlenging such exactions.
Any i�xterested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must firs� file a petition for reconsideration witlz tlze city clerk
witlzin ten days after the council's decisio�z. Any petition so filed must comply witlz municipal
ordinance code �2.08.096.
This letter will serve as your final Use Permi :.
Sincerely:
�
`
��-�—'
Grace Schmidt
Deputy City Clerk
cc: Community Development
EXC-2010-03
CITY OF CUPERTINO
10300 T� �rre Avenue
Cupertino, ��alifornia 95014
RESOLUT ION NO. 6608
OF THE PLANNING COMMISSION OF T HE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN EXCEPTION TO TH E HEART OF THE CITY SPECIFIC PLAN TO
ALLOW NON-RETAIL USES TO EXCEEL� 25% OF THE TOTAL BUILDING FRONTAGE
ALONG STEVENS CREEK BOULE�'ARD IN RETAIL BUILDING SPACE AT
19501 & 19505 STEVENS CREEI: BOULEVARD (METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-03
Applicant: Jane Vaughan (Cupertino H�using Partners, LLC)
Location: 19501 & 19505 Stevens Creel: Boulevard (APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an Exception
to the Heart of the City Specific Plan to allow non-retail uses to exceed 25% of the total building frontage
along Stevens Creek Boulevard, as described in thi s Resolution; and
WHEREAS, the necessary public notices have beE n given in accordance with the Procedural Ordinance
of the City of Cupertino, and the Planning Convnission has held one or more public hearings on this
matter; and
WHEREAS, the Planning Commission finds the following with regards to this application:
a) The proposed project is otherwise consistent �vith the City's General Plan and with the goals of this
specific plan; and
b) The proposed project will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety; an�i
c) The proposed development will not create a h�izardous condition for pedestrian vehicular traffic; and
d) The proposed development has legal access to public street and public services are available to serve
the development; and
e) The proposed project requires an exception, �Nhich involves the least modification of, or deviation
from, the development regulations prescri� ed in the specific plan necessary to accomplish a
reasonable use of the parcel.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Exception to the Heart of the City Spe�ific Plan is hereby recommended for approval subject
to the conditions which are enumerated in this Re:�olution.
Resolution No. 6608 EXC-2010-03 September 28, 2010
Page 2
SECTION III: CONDITIONS ADMINISTERED B�C THE COMMUNITY DEVELOPMENT DEPT.
1. EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN
a. Non-retail commercial uses may occupy a maximum of 60% (3 of the 5 existing tenant spaces) of
the store frontage of the 6,400 square foot r��tail space along Stevens Creek Boulevard and shall be
limited to Building B. Building A(the re�iaining 40% of the commercial space) shall remain for
retail uses only.
b. Non-retail commercial units shall have the Elexibility to also be used for retail commercial uses.
2. NOTICE OF FEES, DEDICATIONS, RESERVA'CIONS OR OTHER EXACTIONS
The Conditions of Project Approval set iorth herein may include certain fees, dedication
requirements, reservation requirements, and o ther 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 Co3e Section 66020(a), has begun. If you fail to file a
protest within this 90-day period complying ��ith all of the requirements of Section 66020, you will
be legally barred from later challenging such e;cactions.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
are contained in the Public Hearing record conc�erning Application EXC-2010-03, as set forth in the
Minutes of the Planning Commission Meeting of �eptember 28, 2010 and are incorporated by reference
herein.
PASSED AND ADOPTED this 28th day of September 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the follov� ing roll call vote:
AYES: COMMISSIONERS: Chairperson Brc�phy, Kanda, Miller
NOES: COMMISSIONERS: Vice Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
/ s/ Aarti Shrivastava s Paul Bro h
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
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