Reso 6244 EXC-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6244
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECCOMMENDING APPROVAL OF AN EXCEPTION TO THE FRONT SETBACK AS
REQUIRED BY THE HEART OF THE CITY SPECIFIC PLAN
SECTION I: PROIECT DESCRIPTION
Application No.: EXC-2004-03
Applicant: Kevin Jones (Good Earth Restaurant)
Location: 20807 Stevens Creek Boulevard
SECTION II: FINDINGS FOR EXCEPTION
VVf-iEREAS, the Planning Commission of the City of Cupertino received an application
for a Specific Plan Exception, 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. There are extraordinary conditions not generally applicable to similar uses,
which justify the exception. The project provides a significant outdoor dining
area in the front yard, which is visually enhanced and defined by the articulation
of the building mass that encroaches on the 35-foot front setback;
2. The exception departs from the requirements of this chapter to the minimum
degree necessary to allow the project to proceed, in that the average front
building setback from curbline is greater than 35 feet;
3. The exception will not adversely affect neighboring properties
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2004-03 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-2004-03, as set forth in the Minutes of the Planning Commission
Meeting of May 10, 2004, and are incorporated by reference herein.
Model Resolution EXC-2004-03 May 10, 2004
Page 2
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: "GOOD EARTH REDEVELOPMENT,
STEVENS CREEK & SAICH WAY, CUPERTINO, CALIFORNIA" dated March 31,
2004 and consisting of six sheets labeled AO through A4 and one unlabeled sheet
� titled: A.L.T.A. Survey for Stevens Creek Office Center, except as may be amended
by the conditions contained in this approval.
I � 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
i 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. FRONT SETBACK EXCEPTION
A front setback exception for the building of up to five feet is granted.
I
PASSED AND ADOPTED this 10th day of May 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
�
AYES: COMMISSIONERS:
� NOES: COMMISSIONERS: �
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
�
ATTEST: APPR VE .
�
Steve Piasecki ag i Saadati, Chairman
Director of Community Development Cupertino Planning Commission
g:/planning/pdreport/res/EXG2004-03 res