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M-2010-03b OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE PVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 77Z-3366 October 7, 2010 Jane Vaughan Cupertino Housing Partners, LLC c/o Menlo Equities 490 California 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 Cupertino 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 the 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 cal use, the applicant and City staff will work together to determine the correct parking count for surface parking and underground parking • Denied the tentative map (TM-2C 10-03) 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 ADMINISTERED BY THE COMMLTNITY DEVELOPMENT DEPT. 1. MODIFICATION TO USES ALLOWEI a. Non-retail commercial uses may occupy a maximum of 60% (3 of the 5 existing tenant spaces) of the 6,400 square foot ret�il 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 iuiits in Building B(40% of the total retail space) shall be permitted to be occupied by medi�al office use; the remairiing 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 hz ve the flexibility to also be used for retail commercial uses. 2. PARKING Employees of the commercial spaces s Zall be required to park in the existing available and unused parking spaces in the undergrotnd parking garage of Building B that were originally designed for use by the office complex. No more than seven (7) of these spaces may be used to accommodate employee parking for the �;ommercial spaces with the provision that such parking spaces are to be striped for commercial employee parking only to ensure that the surface parking is made available to customers of the co:nmercial uses only, and that these requirements will be incorporated into the CC&Rs. 3. COVENANT RECORDATION A covenant shall be submitted for revieti✓ and approval by the City and shall be recorded on the property, stating that this property is under a Planned Development Zone of the City of Cupertino. Purchasers of the property are advised to check with the City of Cupertino to find out the specific restrictions under the Pla:uied 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, R�;SERVATIONS OR OTHER EXACTIONS 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 c�nstitute written notice of a statement of the amount of such fees, and a description of the dec'_ications, 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 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 �e legally barred from later challenging such exactions. That the subconclusions upon which the fi�idings and conditions specified in this Resolution are based are contained in the Public Hearing re�;ord concerning Application M-2010-03, as set forth in the Minutes of the Planning Commission Meeting of September 28, 2010 and are incorporated by reference herein. The Exception to the Heart of the City cond.tions are as follows unless amended above: SECTION III: CONDITIONS ADMINIS"I'ERED BY THE COMMUNITY DEVELOPMENT DEPT. 4. EXCEPTION TO THE HEART OF THF. CITY SPECIFIC PLAN a. Non-retail commercial uses may oc :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 rf tail uses only. b. Non-retail commercial units shall have the flexibility to also be used for retail commercial uses. 2. NOTICE OF FEES, DEDICATIONS, R�;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 dec.ications, reservations, and other exactions. You are hereby further notified that the 90-day 3pproval 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 protesl within this 90-day period complying with all of the requirements of Section 66020, you will �e legally barred from later challenging such exactions. That the subconclusions upon which the fi�idings and conditions specified in this Resolution are based are contained in the Public Hearing re�:ord concerriing Application EXC-2010-03, as set forth in the Minutes of the Planning Commission :vleeting of September 28, 2010 and are incorporated by reference herein. Please review conditions carefully. If y��u have any questions regarding the conditions of approval, please contact the Departmen�: of Community Development at 408-777-3308 for clarification. Failure to incorporate conc itions into your plan set wili 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. Tlte conditions of project approval set . fortlz Izerein may include certain fees, dedication requirements, reservation requirements, a�zd ot/zer exactions. Pursua�tt to Govern�nent Code Section 66020(d)(1), tlzese conditions constitute written notice of a state»zent of tlze a�nou�zt of such fees, and a description of the dedications, reservatio�zs, and otlzer exactions. You are hereby furtlzer �zotified that tlze 90-day a��proval period in wlziclz you may protest these fees, dedications, and other exactions, pursuant to Government Code Section 66020(a), Izas begun. If you fail to file a protest within tlzis 90-dccy period complying with all of tlze requirements of Sectio�z 66020, you will be legally barred fr��m later chatlenging such exactions. Any interested person, including the ap��licant, prior to seeking judicial review of the city council's decision in this matter, must firs! file a petition for reconsideration witli tl:e city clerk witl:in ten days after the council's decision. Any petition so filed must comply witli municipal ordinance code �2.08.096. This letter will serve as your final Use Permit. Sincerely: . €� � '�"-.G`--' Grace Schmidt Deputy City Clerk cc: Community Development M-2010-03 CITY OF CUPERTINO 10300 T� �rre Avenue Cupertino, ��alifornia 95014 RESOLUT ION NO. 6607 OF THE PLANNING COMMISSION OF T HE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A MODI]�ICATION TO A USE PERMIT (U-2003-04) TO ALLOW ADDITIOI`1AL COMMERCIAL USES IN A RETAIL RESTRICTED COMMEI.CIAL BUILDING SPACE AT 19501 & 19505 STEVENS CREEI: BOULEVARD (METROPOLITAN) SECTION I: PROTECT DESCRIPTION Application No.: M-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 a modification to a Use Permit (Chapter 19.124 of the Cupertino Municipal Code), as described in this 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 use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; b) The proposed use will be located and con ducted in a manner in accord with the Cupertino Comprehensive General Plan. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the use permit modification is hereby recommended for approval subject to the conditions which are enumerated in this Resolution. SECTION III: CONDITIONS ADMINISTERED B'C THE COMMUNITY DEVELOPMENT DEPT. 1. MODIFICATION TO USES ALLOWED a. Non-retail commercial uses may occupy a maxunum of 60% (3 of the 5 existing tenant spaces) of the 6,400 square foot retail space along StE vens Creek Boulevard and shall be limited to Building B. Building A(the remaining 40% of the cc�mmercial space) shall remain for retail uses only. b. No more than two of the non-retail unit�� in Building B(40% of the total retail space) shall be permitted to be occupied by medical office use; the remaining unit in Building B may be occupied by a non-retail use as long as the parking requirements can be met. c. Non-retail commercial units shall have the flexibility to also be used for retail commercial uses. Resolution No. 6607 M-2(110-03 September 28, 2010 Page 2 2. PARKING Employees of the commercial spaces shall be required to park in the existing available and unused parking spaces in the underground parking g arage of Building B that were originally designed for use by the office complex. No more than se��en (� of these spaces may be used to accommodate employee parking for the commercial spaces with the provision that such parking spaces are to be striped for commercial employee parking only to ensure that the surface parking is made available to customers of the commercial uses only, and that these requirements will be incorporated into the CC&Rs. 3. COVENANT RECORDATION A covenant shall be submitted for review an3 approval by the City and shall be recorded on the property, stating that this property is under a Planned Development Zone of the City of Cupertino. Purchasers of the property are advised to check with the City of Cupertino to find out the specific restrictions under the Planned Development Z�ne and related permits. The covenant shall be recorded prior to issuan�:e of final occupancy of the vacant tenant space. 4. NOTICE OF FEES, DEDICATIONS, RESERVA'TIONS OR OTHER EXACTIONS The Conditions of Project Approval set i'orth 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 Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying �vith 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 concenung Application M-2010-03, as set forth in the Minutes of the Planning Commission Meeting of Septembe ° 28, 2010 and are incorporated by reference herein. PASSED AND ADOPTED this 28th day of Sep tember 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino by the follo�n�ing roll call vote: AYES: COMMISSIONERS: Chairperson Brc�phy, Miller, Kaneda NOES: COMMISSIONERS: Vice Chair Lee ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Giefer ATTEST: APPROVED: / s/ Aarti Shrivastava / s/ Paul Bro�hv Aarti Shrivastava Paul Brophy, Chair Director of Community Development Planning Commission G: /Planning/PDREPORT/RES/2010/M-2010-03 res.doc CITY OF CUPERTINO NEGATIVE �ECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27,1973, :�nd amended on March 4,1974, January 17 1977, May 1,1978, and July 7,1980, the fol �owing described project was granted a Negative Declaration by the City Council �f the City of Cupertino on October 5, 2010 PROJECT DESCRIPTION AND LOCAT [ON Application No.: M-2010-03, EXC-2010- 03, TM-2010-03 (EA-2010-04) Applicant: Jane Vaughan (Cuper tino Housing Partners, LLC) Location: 19501,19503,19505,1'a507 Stevens Creek Blvd DISCRETIONARY ACTION REQUEST Modification to a Use Permit (U-2003-04) to allow general commercial uses at an existing mixed-use project (Metropolitan �.t Cupertino); Exception to the Heart of the City Specific plan to allow non-retail uses to exceed 25 percent of the total building frontage alon,; Stevens Creek Boulevard; Tentative Map to subdivide an existing gr��und floor commercial space into 5 commercial condominiums FINDINGS OF DECISIONMAKING BQ DY The City Council granted a Negative Decl��ration since the project is consistent with the General Plan and there are no significant E�nvironmental impacts. / s/ Aarti Shrivastava Aarti Shrivastava City Planner CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative I)eclaration was filed in the Office of the City Clerk of the City of Cupertino on 1 �-6-2010 / s / Kim Smith City Clerk g/erc/negEA201004