Reso 6369 EXC-2005-18
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
( RESOLUTION No. 6369
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION FROM THE HEART OF THE CITY PLAN TO ALLOW
FOR AN AVERAGE 35-FOOR FRONT SETBACK ALONG STEVENS CREEK
� BOULEVARD FOR THE COMMERCIAL SHOPPING CENTER AT STEVENS CREEK
BOULEVARD AND FINCH AVENUE
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SECTION I: PROTECT DESCRIPTION
( Application No.: EXC-2005-18
Applicant: Kelly Snider (Toll Bros.)
Location: Stevens Creek @ Finch Ave
SECTION II: FINDINGS FOR EXCEPTION
( WHEREAS, in order to provide height flexibility in situations when collocation of
personal wireless service antennas is desirable from a design and visual standpoint, 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 Height
Exception for this application:
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
2. That the proposed project will not be injurious to property or improvements in the
area nor be materially detrimental to the public health, safety, or welfare.
� 3. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
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NOW, THEREFORE, BE IT RESOLVED:
� That after careful consideration of maps, facts, exhibits, testimony and other evidence
isubmitted in this matter, application no. EXC-2005-18 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-2005-18, as set forth in the Minutes of the Planning Commission
Meeting of January 26, 2006, and are incorporated by reference herein.
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Resolution No.6369 EXC-2005-18 January 26, 2006
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled: "Calabazas Place:
Cupertino, California, Mixed-Use Community" dated December 14, 2005 and
December 15, 2005, consisting of 54 sheets labeled 0.0, 0.1, MP1 - MP3, MP 3.0, MP4,
MP5, A0.1 -A0.2, Colored Streetscape, A1 - A9, ARO - 10, L1 - L6, C0.1, C01.1 - 1.3,
C2.1 - 2.3, C3.1 -3.6, C4.1 -C4.3, T-1, except as may be amended by the Conditions
contained in this Resolution.
2. MINIMUM SETBACK
The commercial buildings along Stevens Creek Blvd. shall maintain an average
setback of 35 feet (no less than 30 feet at any given point measured from the curb).
3. 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 compiying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 26th day of January 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice-Chair Giefer, Saadati
Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED: `
,
Steve Piasecki Marty ' 1 r, Chair
Director of Community Development Planning mmission
g/planning/pdreport/res/EXC-2005-18 res.doc