Reso 6278 EXC-2004-15
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6278
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECCOMMENDING APPROVAL OF AN EXCEPTION TO THE SIDE SETBACK AS
REQUIRED BY THE HEART OF THE CITY SPECIFIC PLAN
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2004-15
Applicant: Greg Pinn (Pinn Brothers Construction Inc.)
Location: 20128 Stevens Creek Boulevard
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. The project has a narrow lot width of only 108 feet.
The required sideyard setbacks of 17.5 feet on each side would have reduced the
usable lot width to only 73 feet, which is unusually narrow for a mixed use
project.
2. The exception departs from the requirements of this chapter to the minimum
degree necessary to allow the project to proceed, in that the smaller side setback
of 5 feet is to the 4-foot tall podium wall, which is needed to accommodate the
underground parking structure. Wider side setbacks of 10 and 20 feet are
proposed for the building;
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-2004-15 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
Resolution No. 6278 EXC-2004-15 October 26, 2004
Page 2
Application EXC-2004-15, as set forth in the Minutes of the Planning Commission
Meeting of October 26, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: "ADOBE TERRACE, A MIXED USE
DEVELOPMENT, 20128 Stevens Creek Blvd., Cupertino, CA. 95072" dated 9/17/04
and consisting of eighteen sheets labeled A-0.0 through A5.0, A5.1, A6.0, C1 through
C6, L-P1 through L-P4, except as may be amended by the conditions contained in
this approval.
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. SIDE SETBACK EXCEPTION
A side setback exception of 5-10 foot as shown on the approved exhibits is granted.
PASSED AND ADOPTED this 26th day of October 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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ATTEST• APPROV D:
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Steve Piasecki Ta aadati, Chairperson
Director of Community Development Cupertino Planning Commission
g:/planning/pdreport/res/EXG2004-15 res