Reso 6467 EXC-2007-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6467
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO THE HEART OF THE CI'TY
SPECIFIC PLAN FOR A FRONT YARD SETBACK ON A RETAIL
COMMERCIAL BUILDING ON THE NORTHEAST CORNER OF
STEVENS CREEK BOULEVARD AND N. TANTAU AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2007-08
Applicant: Cliff Chang
Location: 10100 N. Tantau
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for an exception to the Parking Regulations (Chapter 19.100 of the Cupertino Municipal
Code), 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 regulations
is hereby approved subject to the conditions which are enumerated in this Resolution;
and
Resolution No. 6467 EXC-2007-OS June 12,2007
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-2007-08, as set forth in the Minutes of the Planning Commission
Meeting of June 12, 2007 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by Chang Architecture� titled:
"Tantau Retail and Parking Garage" consisting of 14 pages labeled pages C, A1- �
A4.1, PL-1, PL-2, C1-C4 and a colored rendering 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 front yard setback exception from the Heart of the City
Specific Plan requirements to allow the retail commercial building on Parcel 1 to
have a minimum 32 feet 2 inch setback from Stevens Creek Boulevard and N.
Tantau Avenue.
PASSED AND ADOI'TED this 12th day of June 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Chien, Miller,
Wong, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTE : APPROV�EP•
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Steve Piasecki Lisa ief r
Director of Community Development �la�nning Commission