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101-Staff Report.pdf COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 7, 2010 Subject Application for a five year extensionof permits issued for 10100 North Tantau Avenue. Recommended Action Consider approving a five year extension to a previouslyapproved project to construct a 10,582 square foot retail building and one-level parking garage. Description Application: M-2010-06 Applicant: Alanna Schroeder / Four Corners Properties (Rocktino Fee, LLC) Location: 10100NorthTantau Avenue, APN 316-19-061 Application Summary: Modification to the previously approved Use Permit (U-2007-03), Architectural & Site Approval (ASA-2007-05), Exception to the Heart of the City Specific Plan (EXC-2007-08),Tentative Map (TM-2007-08)and Tree Removal Permit (TR-2007-03) for the purpose of extending the expiration date of the approvals for five years(August 21, 2015). Background On August 21, 2007, the City Council approved the Use Permit, Architectural and Site Approval, Exception to the Heart of the City Specific Plan, Tentative Map and Tree Removal (See Attachment B, City Council Action Letter) to allow the development of aone-story 10,582 square foot retail commercial building and one-level parking garage in an existing office complex located on the north east corner of Stevens Creek Boulevard and N. Tantau Avenue. On June 16, 2009, the City Council granted a one-year extension of the development project (See Attachment C, City Council Action Letter). The request did not include the extension of the tentative map, since the tentative map approval was still valid with an expiration date of August 21,2012. On August 20, 2010, theapplicant filed a modification application for an additionalfive-year extension of the development project due to difficulties with the current economic conditions (See Attachment D, Applicant’s Request Letter) that would move the expiration date to August 21, 2015.The applicant is requesting that the tentative map expiration date be extended an additional three years to August 21, 2015 to match the expiration date requested for the other approvals. This is permissible per the Subdivision Map Act if approved by the City Council. Please refer to the November 9, 2010 Planning Commission staff report (Attachment E) for the detailed project background and discussion. Discussion Planning Commission On November 9, 2010, the Planning Commission unanimously recommended extending all of the above referenced development approvals to August 21, 2015 (See Attachment A, Planning Commission Resolution No. 6617) with a modification to the original condition of approval, number two,regarding pedestrian walkway enhancements(seeAttachment B-Council Action Letter). The Commission recommended modifying this condition to take out thespecific reference to the removal of the pork-chop island at the intersection of Stevens Creek Boulevard and Tantau Avenue,noting that abroader scope of improvements in the public right-of-way could potentially includethe pork-chop island,if necessary. Staff Recommendation Staff is supportive of the applicant’s request to extend the expiration date of the previous approvals to August 21, 2015,as recommended by the Planning Commission in Resolution No. 6617based upon the current economic conditions and the public benefit contribution for future intersection improvements. _____________________________________ Prepared by:Aki Honda Snelling, Senior Planner Reviewedby:Gary Chao, City Planner &Aarti Shrivastava, Community Development Director Approved for Submission by:David W. Knapp, City Manager Attachments:A. Planning Commission Resolution No. 6617 B. August 23, 2007 City Council Action Letter of original approval C. June 17, 2009 City Council Action Letter of one-year extension D.Applicant’s Request Letter E. Planning Commission Staff Report of November 9, 2010 F. Staff-proposedmodel resolution attached to the November 9, 2010 staff report G. Draft Planning Commission Minutes of November 9, 2010 H. Approved Plans for reference