Reso 6650 EXG2011-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6650
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW A 26 FOOT FRONT
SETBACK FOR A NEW 5,086 RETAIL PAD BUILDING WHERE A 35 FOOT FRONT SETBACK IS
REQUIRED LOCATED AT 20750 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2011-10
Applicant: Mark Creedon
Property Owner: Byer Properties
Location: 20750 Stevens Creek Boulevard (APNs 359-08-020, 359-08-021, 359-08-022, 359-08-
006,359-OS-013)
SECTION II: FINDINGS FOR HEART OF THE CITY SPECIFIC PLAN EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Height
Exception as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the
City of Cupertino, and the Planning Commission has held at least one Public Hearing on this matter;
and
WHEREAS, the Planning Commission finds the following with regards to the Heart of the City Specific
Plan Exception for this application:
1. The proposed development is otherwise consistent with the City's General Plan and with the
goals of this specific plan and meets the criteria that unique surrounding land uses make it
difficult to adhere to the development standards.
2. The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian vehicular traffic.
4. The proposed development has legal access to public streets and public services are available to
serve the development.
5. The proposed development requires an exception, which involves the least modification of, or
deviation from, the development regulations prescribed in this chapter necessary to accomplish a
reasonable use of the parcel. '
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof,:
Resolution No. 6650 EXC-2011-10 August 9,2011
Page 2
A Mitigated Negative Declaration (file no. EA-2011-10) is hereby recommended for adoption; and the
application for an Exception to the Heart of the City Specific plan, Application no. EXC-2011-10 is hereby
recommended for approval, 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.(s) EA-2011-10 and EXC-2011-10
as set forth in the Minutes of Planning Commission Meeting of August 9, 2011, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting
of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C-1,
C-2, C-3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD
Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014;' drawn by Kahn
Design Associates except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2011-03, ASA-2011-12, and TR-2011-30 shall be
applicable to this approval.
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 Governxnent 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 9th day of August 2011, at a regular meeting of the Planning Commission
of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
.
G y Winnie Lee,Chai
City Planner Planning Commission
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