M-2010-06b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
December 8, 2010
Re: Application M-2010-06; Applicant Alanna Schroeder / Four Corners Properties (Rocktino
Fee, LLC); Location 10100 North Tantau Avenue, APN 316-19-061
At its December 7, 2010 meeting, the Cupertino City Council approved a three-year extension of
permits and all other conditions as recommended by the Planning Com.mission.
The modification to the use permit conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED BY THE COMNf[TNITY DEVELOPMENT
DEPT.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT. -
REVISIONS TO U-2007-03 ASA-2007-OS EXC-2007-08 TM-2007-08 AND TR-2007-03:
The following Conditions of Approval in U-2007-03, ASA-2007-05, EXC-2007-08, TM-2007-08
and TR-2007-03 are revised in their entirety as follows: All other conditions in these approvals, not
otherwise modified, remain in effect:
ENHANCED PEDESTRIAN AND/OR INTERSECTION IMPROVEMENTS:
The applicant shall contribute up to $75,000 for enhanced public improvements that may consist of
enhancing public walkways (that may include addressing two legs of a crossing for adding a
walkway, including a lighted walkway) and any other relevant enhancements to the intersection as
determined by the Director of Community Development and Director of Public Works.
DEVELOPMENT APPROVAL EXPIRATION:
Approval of Use Permit (U-2007-03), Architectural & Site Approval (ASA-2007-OS), Exception to
the Heart of the City Specific Plan (EXC-2007-08), Tentative Map (TM-2007-08) and Tree
Removal (TR-2007-03) sha11 expire after August 21, 2015.
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 installed.
The conditions of project approval set fortlz herein may inctude certain fees, dedication
requirements, reservation requirements, and otlzer exactions. Pursuant to Government Code
Section 66020(d)(1), these conditions constitute written notice of a statement of tlze amount of
sucli fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that tlze 90-day approval period in wlzich you may protest these fees,
dedications, and otlzer 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 clzallenging 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 filed must comply with municipal
ordinance code �2.08.096.
This letter will serve as your final Use Permit.
Sincerely:
, , Uvt
C�_�
Grace Schmidt
Deputy City Clerk
cc: Community Development
Four Corners Properties
Attn: Alanna Schroeder
600 Montgomery Street, 32" Floor
San Francisco, CA 94111
Rocktino Fee, LLC
Attn: Adrian Polak
Two Embarcadero Center, Suite 2360 �
San Francisco, CA 94111
M-2010-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6617
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF A USE PERMIT (U-2007-03),
Ai�.CHITECTURAL & SITE APPROVAL (ASA-2007-05), EXCEPTION TO THE HEART OF THE
CITY SPECIFIC PLAN (EXC-2007-05), TENTATIVE MAP (TM-2007-08) AND TREE REMOVAL
(TR-2007-03) FOR THE PURPOSE OF EXTENDING THE EXPIRATION DATE OF THESE
APPROVALS ON PROPERTY LOCATED AT 10100 N. TANTAU AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Modification to a Use Permit, Architectural and Site Approval, Exception to the Heart of the
City Specific Plan, Tentative Map and Tree Removal, as described in Section II. of this
Resolution; 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 one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) 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; and
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the Conditional Use Permit Chapter of the
Cupertino Municipal Code; and
3) The proposed development is essentially consistent with the Heart of the City Specific Plan,
except for the exception from front yard setbacks along Stevens Creek Boulevard.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Modification application is hereby recommended for approval, subject to the
conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
That the sub-conclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. M-2010-06 as set
forth in the Minutes of the Planning Commission Meeting of November 9, 2010 and are
incorporated by reference as though fully set forth herein.
Resolution No.6617 M-2010-06 November 9, 2010
Page 2
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SECTION II: PROTECT DESCRIPTION
Application No.: M-2010-06
Applicant: Alanna Schroeder/Four Corners Properties
Property Owner: Rocktino Fee, LLC
Location: 10100 N. Tantau Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
REVISIONS TO U-2007-03, ASA-2007-05, EXC-2007-08, TM-2007-08, AND TR-2007-03:
The following Conditions of Approval in U-2007-03, ASA-2007-05, EXC-2007-08, TM-2007-08
and TR-2007-03 are revised in their entirety as follows: All other conditions in these approvals,
not otherwise modified, remain in effect:
ENHANCED PEDESTRIAN AND/OR INTERSECTION IMPROVEMENTS:
The applicant shall contribute up to $75,000 for enhanced public improvements that may consist
of enhancing public walkways (that may include addressing two legs of a crossing for adding a
walkway, including a lighted walkway) and any other relevant enhancements to the
intersection as determined by the Director of Community Development and Director of Public
Works.
DEVELOPMENT APPROVAL EXPIRATION:
Approval of 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 (TR-2007-03) shall expire after August 21, 2015.
PASSED AND ADOPTED this 9th day of November 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller, Kaneda, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
f s/ Aarti Shrivastava / s� Paul Br�hy
Aarti Shrivastava Paul Brophy, Chair
Community Development Director Planning Commission
g:/planning/pdreport/res/LO10/M-2010-06 res.doc