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TM-2010-03b OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE:, (4J8) 777-3223 • FAX: (408) 777.-3366 October 7, ZO10 Jane Vaughan Cupertino Housing Partners, LLC c/o Menlo Equities 490 Califomia Ave., 4th Floor Pa10 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 medical use, the applicant and City staff will work together to determine the co.rrect 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 Real Estate paperwork with the original approval, which gave them two retail condos The modification to the use permit conditions are as follows unless amended above: SECTION III: CONDITIONS ADMINIS TERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. MODIFICATION TO USES ALLOWEI a. Non-retail commercial uses may oc�upy a maxunum of 60% (3 of the 5 existing tenant spaces) of the 6,400 square foot retail 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 �uuts 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 parking requirements can be met. c. Non-retail commercial units shall have the flexibility to also be used for retail commercial uses. 2. PARKING Employees of the commercial spaces sliall be required to park in the existing available and unused parking spaces in the underground parking garage of Building B that were originally designed for use by the office complex. [�o 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 cornmercial uses only, and that these requirements will be incorporated into the CC&Rs. 3. COVENANT RECORDATION A covenant sha11 be submitted for reviev�� and approval by the City and shall be recorded on the property, stating that this property is ander 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�uled Development Zone and related permits. The covenant shall be recorded prior to i� suance of final occupancy of the vacant tenant space. 4. NOTICE OF FEES, DEDICATIONS, RF;SERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval s�t forth herein may include certa.in fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government 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 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 ADNIlNIS BY THE COMMUNITY DEVELOPMENT DEPT. 4. EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN a. Non-retail commercial uses may occ;upy a maximum 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 sha11 ha��e the flexibility to also be used for retail commercial uses. 2. NOTICE OF FEES, DEDICATIONS, RF,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 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 :�pproval 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 fu�dings 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 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 con 3itions require tree preservations, do not clear the site until required tree protection devices ��re installed. The co�zditions of project approval set �`ortlz Iierein may include certaili fees, dedication requirements, reservation requirements, aatd otlzer exactions. Pursua�Zt to Govern�nent Code Section 6602D(d)(1), these conditions cons��itute written notice of a statement of the a�nou�zt of sucla fees, and a description of the dedic ztions, reservations, and other exactions. You are Izereby further notified tlzat t/ze 90-day aF proval period in wlzich you may protest tlzese fees, , dedications, and otlzer exactions, pursua�zt ,`o Government Code Section 66020(a), lias begun. If you fail to file a protest within tlais 90-day period complying with all of tlie requirements of Section 66020, you wilt be legally barred frc m later 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 witlz the city clerk within ten days after the council's decisio�t. Any petition so filed must comply witl: municipal ordinance code §2.08.096. This letter will serve as your final Use Permi� . Sincerely: . �� � �`-.(i� Grace Schmidt Deputy City Clerk cc: Community Development TM-2010-03 CITY OF CUPERTINO 10300 T �rre Avenue Cupertino, �alifornia 95014 RESOLUTION VO. 6609 (DENIAL) OF THE PLANNING COMMISSION OF "HE CTTY OF CUPERTINO RECOMMENDING DENIAL OF A TENTATIVE MAP TO CREAr'E FIVE COMMERCIAL CONDOMINIUM UNITS WITHIN A 6,400 SQUARE FOOT COMMER��IAL SPACE AT 19501 & 19505 STEVENS CREEK BOULEVARD (METROPOLITAN) SECTION I: PROTECT DESCRIPTION Application No.: TM-2010-03 Applicant: Jane Vaughan (Cupertino Hou�:ing Partners, LLC) Location: 19501 & 19505 Stevens Creek B�ulevard (APN 316-49-999) SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a tentative map to subdivide an existing ground floor commercial space in to five commercial condominiums; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held o�le or more public hearings on this matter; and WHEREAS, the applicant has not met the burden oi� proof required to support said application; and has not satisfied the following requirements: a� The proposed map is consistent with the City's Ger eral Plan and Heart of the City Specific Plan; and b� The proposed map will not be injurious to prope rty or improvements in the area nor be detrimental to the public health and safety. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits testimony and other evidence submitted in this matter, the Tentative Map titled "Metropolitan at Cupertino Tentative Map, City of Cupertino, Santa Clara County, California," dated September 3, 2010, consisting of fivf� sheets labeled TM-1 through TM-5, including a title sheet, tentative map sheet, grading plan, utility plan, and exi;;ting easement plan, is hereby recommended for denial due to concerns about enforcement of conditions of appro��al, maintenance of public areas and in particular the plaza and the anticipated effect on future uses. That the subconclusions upon which the findings a nd conclusions specified in this resolution are based are contained in the public hearing record concerning Ap plication No. TM-2010-03 as set forth in the Minutes of the Planning Commission Meeting of September 28, 2010, and are incorporated by reference as though fully set forth herein. PASSED AND DENIED this 28th day of September 20 l0, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Broph:�, Vice Chair Lee, Kaneda, Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Giefer ATTEST: APPROVED: /s/Aarti Shrivastava _,�s/Paul Brophy Aarti Shrivastava I'aul Brophy, Chair Director of Community Development Planning Commission G: /Planning/PDREPORT/RES/2010/TM-2010-03denial.doc • • ' • � • 1 � � �