Reso 6484 , DIR-2007-27
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6484
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING DIRECTOR'S MINOR MODIFICATION TO A USE PERMIT (U-2003-03)
TO PHASE AN APPROVED MIXED-USE DEVELOPENT (WOLFE CAMERA)
SECTION I: FINDINGS
WHEREAS, the Planning Comn-ussion of the City of Cupertino received a referral for Director's
Minor Modification, as described in Section II of 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 applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter,the application for Director's Minor Modification 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 No. DIR-2007-27 as set forth in the
Minutes of the Planning Commission Meeting of August 28, 2007, are incorporated by reference as
though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2007-27
Applicant: Greg Bunker
Location: 1375 S. De Anza Blvd
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on plan set titled: "Mixed Use Project, 1375 S De Anza Blvd, Cupertino
CA 95014" consisting of thirteen sheets dated 5/21/03 labeled A-0 to A-9, C-1, L-1 to L-2,
except as may be amended by the conditions contained in this Resolution.
Resolution No. 6484 August 28,2007 Page 2
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2. PHASING SCHEDULE/ADDITIONAL ENHANCEMENTS
The project shall be allowed to phase the project and occupy the condominiums prior to the
commencement of the retail building provided that revised plans shall be submitted to the
Design Review Committee for review and approval prior to issuance of final occupancy for
the condominium building indicating the following:
• Additional appropriate architectural features (i.e., trellis, arbor or similar features) to
screen and enhance the east elevation of the condominium building and the wing walls
of the rear facing second floor balcony from the views of De Anza Blvd.
• Additional landscaping trees and/or architectural features to help screen the north
elevation of the wolf camera building and the north and east elevations of the
condominium building. Including but not limited to upsizing (48 inch box and
evergreen) the originally proposed landscaping trees along the north side of the
condominium building.
3. EXPIRATION OF APPROVAL
This approval of the modification is effective August 28,2007. The ten calendar day appeal
period will expire on September 28,2007.
4. 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.
PASSED AND ADOPTED this 28th day of August 2007, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer,Miller, Kaneda,Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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Steve Piaseck � L�i��a iefer,Chai rson
Director of Community Development 'f"uper �o-�l nning Co ss'
F:\PDREPORT\RES\2007\DIR-2007-27.doc