Reso 6080 07-ASA-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6080
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL SITE APPROVAL FOR REFINEMENTS TO AN
APPROVED DEVELOPMENT PLAN.
SECTION I: PROJECT DESCRIPTION
Application No.: 07-ASA-Ol
Applicant: Evershine Group
Location: Southeast corner of Stevens Creek Boulevard and Portal Avenue
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval, as described in this Resolution; and
WHEREAS, the Planning Commission finds that the changes are beneficial and compatible with the
surrounding area;
1. The proposal, 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;
2. The proposal is consistent with the purposes of the zoning ordinance, and the General Plan.
3. The design will not result in abrupt changes in building scale between the subiect site and
neighboring properties, as the proposal is single story and located at the rear of the structure.
4. The proposal will use materials that compliment neighboring structures.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in t11is
matter, the application no. 07-ASA-01, is here by 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 07-ASA-01 as set forth in the
Minutes of the Planning Commission Meeting of March 12, 2001, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DCPT.
1. APPROVED EXHIBITS
Approval is based on submitted sheet entitled "Marketplace Shopping Center," last updated
February 22, 2001.
Resolution No. 6080 07-ASA-Ol March 12, 2001
Page 2
2. RELOCATION OF OAK TREES
The relocation of three oak trees near the restaurant to be demolished shall occur prior to the
approval of demolition permits. In the event that one or more of the relocated oak trees die prior to
the occupancy of the new buildings, the applicant shall replace each dead tree with a new 36" box
oak tree in the same location.
3. LANDSCAPING INSTALLATION
All landscaping shall be installed to the satisfaction of the Director of Community Development
prior to certificate of occupancy.
4. ELECTRONIC READERBOARD SIGN
This action does not include the approval of an electronic readerboard sign.
5. LIGHTING PLAN
The lighting shown on the approved plan set is conceptual. The applicant shall provide a
comprehensive lighting plan with a future application to the Design Review Committee.
6. ADDITION TO REAR OF SHOPPING CENTER
This action does not include the final design approval of the addition to the rear of the existiil�
center.
7. 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 be�;un. I t�
you fail to file a protest within this 90-day period complying with all of the requirements of Scction
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 12 day of March, 2001, at a Regular Meetin� of the Plaiu�in�
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Corr, Patnoe and Chairperson Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piasec i Patrick Kwok, Chairperson
Director of Community Development Cupertino Planning Commission