Reso 6214 EXC-2003-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6214
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 TWO BUILDINGS
TO EXCEED BUILDING HEIGHTS FROM 36 FEET TO A MAXIMUM OF 43.5 FEET.
SECTION I: PROTECT DESCRIPTION
Application No.: Z-2003-02, U-2003-04,EA-2003-09, TM-2003-02, EXC-2003-06
Applicant(s): Menlo Equities
Property Location: APN#s: 316-20-084-Cupertino Financial Center (northeast corner of
the intersection of Wolfe Road and Stevens Creek Boulevard)
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 is otherwise consistent with the City's General Plan and
with the goals of the Heart of the City Specific Plan.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
4. The proposed development has legal access to public streets and public services are
available to serve the development.
5. 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-2003-06 is hereby recommended for
Resolution No. 6214 EXC-2003-06 October 27, 2003
Page 2
approval; 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
EXC-2003-06, as set forth in the Minutes of the Planning Commission Meeting of October
27, 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 December 9, 2003 entitled "Cupertino Courtyard"
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.
PASSED AND ADOI'TED this 27th day of October 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Miller, Wong, Vice-Chair Saadati and Chairperson
Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
I
ATTE : APPROVED:
�
� . �' �
I Steve Piasecki ngela C n, Chairperson
Director of Community Development Cupertin lanning Commission
L:�Plrrntting�PDREPORT�RES�EXC-2003-06 res.��oc
2