Reso 6223 EXC-2003-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6223
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING HEART OF THE CITY EXCEPTIONS RELATED TO SETBACKS,
PARKWAY LANDSCAPE IMPROVEMENTS AND SCREEN FENCES OR WALLS
ADJACENT TO COMMERCIAL PROPERTIES.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2003-04 (EA-2003-11)
Applicant: Ken Busch/Regis Homes
Location: 21255 Stevens Creek Boulevard
SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Exception to the Heart of the City Specific Plan, as described on Section I of this
Resolution; and
WHEREAS, the necessary 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 applicant has met the burden of proof required to support this
application, and has satisfied the following requirements:
1. The proposed development is otherwise consistent with the City's General Plan and with
the goals of this 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.
Resolution No. 6223 EXC-2003-04 November 10, 2003
I Page 2
NOW, THEREFORE, BE IT RESOLVED:
► That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, Application No. EXC-2003-04 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 EXC-2003-04, as set forth in the Minutes of the Planning Commission
Meeting of November 10, 2003, and are incorporated by reference herein.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
� 1. APPROVED EXHIBITS
Approval of these exceptions is based on the plan set entitled "The Residences at the
Oaks", prepared by SB Architects, last revised on October 30, 2003.
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 10th day of November 2003, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Miller, Vice-Chair Saadati and Chairperson Chen
NOES: COMMISSIONERS: Wong
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
.
Steve Piasecki Angela n, Chairperson
Director of Community Development Cupertino Planning Commission