Reso 6253 EXC-2004-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
i RESOLUTION NO. 6253
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECCOMMENDING APPROVAL OF AN EXCEPTION TO THE REAR SETBACK AS
REQUIRED BY THE HEART OF THE CITY SPECIFIC PLAN
SECTION I: PROTECT DESCRIPTION
' Application No.: EXG2004-06
' Applicant: Hunter Storm (Dahlin Group)
Location: Southwest corner of Town Center Lane and Torre Avenue
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SECTION II: FINDINGS FOR EXCEPTION
WHEREAS, 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. Of the twelve units facing the rear property line, two
of the units encroach into the rear setback to 17 feet where 20 feet is required.
The encroachment provides articulation for the rear fa�ade;
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 rear
building setback from rear property line is greater than 20 feet;
3. The exception will not adversely affect neighboring properties.
I NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. EXC-2004-06 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-2004-06, as set forth in the Minutes of the Planning Commission
Meeting of June 14, 2004, and are incorporated by reference herein.
Resolution No. 6253 EXC-2004-06 June 14, 2004
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled: "Preliminary Design Submittal Civic Park
R1 Townhouse Condominiums" dated May 28, 2004 and consisting of thirty-five
sheets labeled A-0 to A-16 and L0.1 to L6.0 by Dahlin Group, except as may be
� amended by the conditions contained in this approval.
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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. SETBACK EXCEPTION
A seventeen-foot setback is granted for two of the twelve units facing the southerly
property line.
� PASSED AND ADOPTED this 14th day of June 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer and Acting Chair Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Wong
ABSENT: COMMISSIONERS: Chairperson Saadati
ATTEST: APPROVED:
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Steve Piasecki Marty Miller, Acting Chair
Director of Community Development Cupertino Planning Commission