Reso 6608 EXC-2010-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6608
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO
ALLOW NON-RETAIL USES TO EXCEED 25% OF THE TOTAL BUILDING FRONTAGE
ALONG STEVENS CREEK BOULEVARD IN RETAIL BUILDING SPACE AT
19501 &19505 STEVENS CREEK BOULEVARD(METROPOLITAN)
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2010-03
Applicant: Jane Vaughan (Cupertino Housing Partners,LLC)
Location: 19501 &19505 Stevens Creek Boulevard (APN 316-49-999)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an Exception
to the Heart of the City Specific Plan to allow non-retail uses to exceed 25% of the total building frontage
along Stevens Creek Boulevard,as described in this Resolution;and
WHEREAS, the necessary public 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 Planning Commission finds the following with regards to this application:
a) The proposed project is otherwise consistent with the City's General Plan and with the goals of this
specific plan;and
b� The proposed project will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety;and
c) The proposed development wi11 not create a hazardous condition for pedestrian vehicular traffic;and
d) The proposed development has legal access to public street and public services are available to serve
the development;and
e) The proposed project requires an exception, which involves the least modification of, or deviation
from, the development regulations prescribed in the specific plan 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, the Exception to the Heart of the City Specific Plan is hereby recommended for approval subject
to the conditions which are enumerated in this Resolution.
Resolution No.6608 EXC-2010-03 September 28,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN
a. Non-retail commercial uses may occupy a maximum of 60% (3 of the 5 existing tenant spaces) of
the store frontage of the 6,400 square foot retail space along Stevens Creek Boulevard and shall be
limited to Building B. Building A (the remaining 40% of the commercial space) shall remain for
retail uses only.
b. Non-retail commercial units shall have the flexibility to also be used for retail commercial uses.
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.
That the subconclusions upon which the findings and conditions specified in this Resolution are based
are contained in the Public Hearing record concerning Application EXC-2010-03, as set forth in the
Minutes of the Plannulg Commission Meeting of September 28, 2010 and are incorporated by reference
herein.
PASSED AND ADOPTED this 28th day of September 2010, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Brophy,Kanda,Miller
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer
ATTEST: APPROVED:
• � �
Aarti Shrivastava Paul Brophy ai
Director of Community Development Planning Co 'ss o