PC Reso 6519 EXC-2008-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6519
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN EXCEPTION TO THE HEART
OF THE CITY SPECIFIC PLAN FOR A 15-FOOT SIDE YARD SETBACK
ON A HOTEL AND MIXED USE BUILDING AT 21265 STEVENS CREEK
BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2008-07
Applicant: Karen Ngo
Location: 21265 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a setback exception to the Heart of the City Specific Plan, as described in this
Resolution; and
WHEREAS, the Planning Commission finds the following with regards to this
application:
a) That the literal enforcement of the provisions of this chapter will result in
restrictions inconsistent with the spirit and intent of this title;
b) That the granting of the exception will not be injurious to property or improvements
in the area nor be detrimental to the pubic safety, health and welfare; and
c) That the exception to be granted is one that will require the least modification and
the minimum variance to accomplish this purpose; and
d) That the proposed exception will not result in significant impacts to neighboring
properties.
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 setback
regulation is hereby recommended for approval subject to the conditions which are
enumerated in this Resolution; and
Resolution No. 6519 EXC-2008-07 June 10,2008
Page 2
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-2008-07, as set forth in the Minutes of the Planning Commission
Meeting of June 10, 2008 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "The Oaks Mixed -Use Project, Stevens
Creek Boulevard, Cupertino, CA" consisting of 47 pages labeled pages DR-1
through DR-9, DR-2.1, DR-3.1, SD-1, SD-2, CS-1, A-1 through A-4, SHT 1, Phase
1: C-1 through C-8, Phase 1: C-1 through C-8, TM-1 through TM-4, Condo Plan:
C-1 and C-2, C-3 Compliance C-1, L1 through L-5, and two colored renderings of
the project, except as may be amended by the Conditions contained in this
Resolution.
2. HEART OF THE CITY SETBACK EXCEPTION
Approval is granted for a side yard setback exception from the Heart of the City
Specific Plan requirements to allow the proposed hotel and mixed use building
to have a minimum 15 foot setback from the westerly property line.
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
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
Resolution No. 6519 EXC-2008-07 June 10,2008
Page 3
. PASSED AND ADOPTED this 10th day of June 2008, 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, Rose
Kaneda, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST. APPROVED:
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Steve Piasecki Marty 1 , Chair
Director of Community Development Planning Commission
G:CupNT/Planning/Pdreport/Res/2008/EXG2008-07.doc