Reso 6054 07-EXC-00
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. �054
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN EXCEPTION TO THE HEART OF THE CITY
SPECIFIC PLAN TO ALLOW A 15 FOOT SIDE SETBACK WHERE A 20 FOOT SETBACK
IS REQUIRED
SECTION I: PROJECT DESCRIPTION
Application No.: 07-EXC-00
Applicant: Pinn Brothers
Location: 19979-19999 Stevens Creek Blvd.
SECTION II: FINDINGS FOR EXCEPTION
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 Planning Commission finds the following with regards to the Exception for this
� application:
l. The proposed development is otherwise consistent with the City's General Plan and with the
goals of this specific plan and is required in order to provide design flexibility by allowing
the project to provide an additional setback from Blaney Avenue (west side) while shifting
the development closer to the east property line which abuts an office use.
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
Ito 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. 07-EXC-00 is hereby recommended for 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 07-EXC-00, as set
Resolution No. 6054 07-EXC-00 September 11, 2000
Page 2
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forth in the Minutes of the Planning Commission Meeting of September 11, 2000, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. APPROVED EXHIBITS
Approval is based on the plan set entitled "P.J. Mulligan Site by Pinn Brothers Construction"
prepared by the Dahlin Group including Sheets P2, P6, P7, P8 dated September 6, 2000;
Sheets P3A, P4A, P5, P9, P10, P11, P12 dated August 30, 2000, with conceptual landscaping
based on Sheets C1 dated August 7, 2000; Sheets EL-1 and EL-2 dated August 30, 2000
prepared by TBA Associates.
2. NOTICE OF FEES, DEDICATIONS, RESERVATI�NS 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. HEART OF THE CITY EXCEPTION
This approval grants an exception to the Heart of the City Specific Plan allowing a 15 foot
setback along the easterly property line.
PASSED AND ADOPTED this llth day of September, 2000, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Kwok and Chairperson Harris
, NOES: COMMISSIONERS: Stevens
ABSTAIN: COMMISSIONERS:
` ABSENT: COMMISSIONERS: Doyle
ATTES : APPROVED:
_ J �
, ' �1 ;�t;�.,
� Steve iasecki Andrea arris, Cha'rperson
Director of Community Development Cupertino Planning Commission
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