M-2017-01 res.doc M-2017-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6824
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A TO A USE PERMIT (29-U-84) TO REMOVE
A DEED RESTRICTION THAT LIMITS THE USE OF THE PROPERTY TO A RETAIL
FURNITURE STORE LOCATED AT 19900 STEVENS CREEK BOULEVARD
SECTION L• PROTECT DESCRIPTION
Application No.: M-2017-01
Applicant: Keith Fichtner (Kingsmill Group)
Location: 19900 Stevens Creek Boulevard
SECTION IL• FINDINGS FOR DEVELOPMENT PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for the
Modification of a Development Permit, 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 project is determined to be categorically exempt from the California Environmental
Quality Act (CEQA) per sections 15301 (Existing Facilities) because the proposed modification
occurs within an existing facility that is consistent with the General Plan; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
a) The proposed development, 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;
The proposed modification to the Use Permit 29-U-84 is contingent upon the completion of site
improvements that zuill make the parking supply on-site conforming to the standards as required in the
City of Cupertino's Municipal Code Chapter 19.124 Parking Regulations. Therefore, the proposed
use zuill not be detrimental to the public health, safety, and zuelfare.
b) The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
The proposed use complies zuith the Cupertino General Plan and Municipal Code requirements,
including but not limited to, parking regulations. The conditions of approval furthermore ensure that
the use is conducted in a manner that is consistent zuith the Cupertino General Plan and Municipal
Code requirements.
Resolution No.6824 M-2017-01 February 14,2017
Page-2-
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the application for Modification of the Use Permit is hereby recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
1. The application to modify a Use Permit, Application No. M-2017-01 is hereby approved, and
That the subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. M-2017-01, as set forth
in the Minutes of the Planning Commission Meeting of February 14, 2017, and are incorporated by
reference as though fully set forth herein.
SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All previous development permit conditions of approval, in accordance with Development
Permit 29-U-84 as approved by the Planning Commission on November 30, 1984 shall remain
in effect, except as may be amended by the conditions contained in this resolution.
2. REMOVAL OF DEED RESTRICTION REQUIREMENT
Condition No. 18 of the Planning Commission Resolution No. 2600 pertaining to a deed
restriction stating that the building may be used as a retail furniture store only as indicated
on the original approved exhibits and as approved by the Planning Commission on
November 30, 1984, shall be eliminated as a condition of approval for Use Permit
Application 29-U-84.
The deed restriction shall be removed from title only when the improvements to the site, in
accordance with Architectural and Site Approval (ASA-2016-13) and Tree Removal (TR-2016-
35) permits, are com�leted and final ins�ections for the �ermits are com�leted to the
satisfaction of the City's Community Development Department.
3. PARKING REQUIREMENT
Condition No. 19 of the Planning Commission Resolution No. 2600 is eliminated. Applicant
shall comply with all provisions of the Cupertino Municipal Code regarding parking.
Resolution No.6824 M-2017-01 February 14,2017
Page-3-
PASSED AND ADOPTED this 14th day of February 2017, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Takahashi, Fung, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Paulsen
ATTEST: APPROVED:
/sBenjamin Fu /s/Don Sun
Benjamin Fu Don Sun
Assist. Dir. of Community Development Chair, Planning Commission