M-2010-08b 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
January 6, 2011
Re: Application for modification of an existing mixed-use development (M-2010-08) located at
19501-19507 Stevens Creek Boulevard (Metropolitan)
At its January 4, 2011 ineeting, the Cupertino City Council took no action since the applicant
withdrew the application.
Any i�zterested person, including the applicant, prior to seeking judicial review of the City
Cou�zcil's decision in this matter, must first file a Petition for Reconsideration witlz tlze City
Clerk witlzin ten days after tlze mailing of the notice of the Council's decision. Any petition so
filed �nust comply witlz Municipal Ordinance code �2.08.096.
Sincerely:
, ��
-�G�
Grace Schmidt
Deputy City Clerk
cc: Community Development
Jane Vaughan
490 California Ave. 4 Floor
Palo Alto, CA 94306
Cupertino Housing Partners
490 California Ave. 4 Floor
Palo Alto, CA 94306
M-2010-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6620
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN AMENDMENT TO A MODIFICATION APPLICATION (M-2010-03)
OF A PREVIOUSLY APPROVED USE PERMIT (U-2003-04) TO AMEND LANGUAGE IN
A PARKING CONDITION FOR RETAIL SPACES AT 19501-19507 STEVENS CREEK
BOULEVARD (METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: M-2010-08
Applicant: Jane Vaughan (Cupertino Housing Partners, LLC) and Jenny Cheung
Location: 19501-19507 Stevens Creek Boulevard (APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
amendment to a Modification application (M-2010-03) of a previously approved Use Permit (U-2003-04),
as described in 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 Planning Commission finds the following with regards to this application:
a) The proposed project, 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 project will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and Heart of the City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the amendment to the modification of the use permit is hereby recommended for approval
subject to the conditions which are enumerated in this Resolution.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior modification and use permit conditions of approval (M-2010-03 and U-2003-04) shall remain
in effect unless superseded by or in conflict with the conditions of approval herein.
2. PARKING
Employees of the commercial spaces shall 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. No more than seven ('� of these spaces may be used to accommodate
employee parking for the commercial spaces with the provision that such parking spaces are to be
Resolution No. 6620 M-2010-08 December 14, 2010
Page 2
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 an
appropriate legal document as deemed acceptable by the City Attorney and Director of Community
Development.
3. ADVANCE NOTICE REQUIREMENTS
Advance notice of any proposed changes to the Parking License Agreement or any alternate legal
document related to parking shall be submitted to the City for review prior to recordation on the
property. The applicant and any subsequent property owners shall be required to provide the City
with a copy of any document recorded in the future related to parking.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS 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 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 with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
are contained in the Public Hearing record concerning Application M-2010-08, as set forth in the Minutes
of the Planning Commission Meeting of December 14, 2010 and are incorporated by reference herein.
PASSED AND ADOPTED this 14th day of December 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Miller, Kaneda, Giefer
NOES: COMMISSIONERS: Vice Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gar� Chao /s/Paul Brophy
Gary Chao Paul Brophy, Chair
City Planner Planning Commission
G: /Planning/PDREPORT/RES/2010/M-2010-08 res.doc