Reso 6181 EXG2002-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6181
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN EXCEPTION TO THE BUILDING HEIGHT
REQUIREMENTS OF THE HEART OF THE CITY PLAN TO ALLOW FIVE BUILDINGS IN
THE C1VIC PARK PROJECT TO EXCEED BUILDING HEIGHTS FROM 36 FEET TO A
MAXIMUM OF 45 FEET.
I
SECTION I: PROTECT DESCRIPTION
Application No.: Z-2002-02, U-2002-06,EA-2002-014, EXC-2002-09, TM-2002-02
Applicant: Hunter/Storm Associates
Location: Southwest corner of Rodrigues Avenue and Torre Avenue
(APN#s: 369-40-002,369-40-015,369-40-016 and 369-40-017-
Cupertino Town Center)
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the City of Cupertino received an application for an amendment to the Heart of
the City Specific Plan, as described in this Resolution; and
WHEREAS, in order to provide design flexibility in situations when unique surrounding
land uses make it difficult to adhere to the development standards, an applicant for
development may file an exception request to seek approval to deviate from the standards;
and
WHEREAS, the buildings incorporate underground garages and sloped roofs (not
exceeding 6:12 slope) , which satisfies the requirements for a height exception.
WHEREAS, the Planning Commission finds the following with regards to the Exception for
this application:
1. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
3. The proposed development has legal access to public streets and public services are
available to serve the development.
4. The proposed development requires an exception, which involves the least modification
of, or deviation from, the development regulations prescribed in this chapter necessary
to accomplish a reasonable use of the parcel.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, Application no. EXC-2002-09 is hereby recommended for
approval; and
Resolution No. 6181 EXG2002-09 April 28,2003
Page 2
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning Application
EXC-2002-09, as set forth in the Minutes of the Planning Commission Meeting of March 24,
2003 and Apri128, 2003, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan set dated February 24, 2003 and updated per plan set dated
Apri121,2003, entitled "Civic Park" and as amended by this resolution.
2. 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.
3. HEART OF THE CITY EXCEPTION
This approval grants an exception to the Heart of the City Specific Plan allowing five
buildings to have building heights up to 45 feet.
PASSED AND ADOPTED this 28th day of April, 2003, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Corr, Miller, Saadati,Wong and Chairperson Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
�
ABSENT: COMMISSIONERS:
ATTEST• APPROVED:
� �
Steve Piasecl<i Angela en, Chairperson
Director of Community Development Planning Commission
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