Reso 6649 � - ASA-2011-12
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6649
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR FOR TWO NEW RETAIL BUILDING
PADS AND ASSOCIATED SITE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO PARKING
LOT RE-ORIENTATION, LIGHTING, LANDSCAPING, AND STREET FRONTAGE IMPROVEMENTS
CONSISTENT WITH THE HEART OF THE CITY SPECIFIC PLAN LOCATED AT 20750 STEVENS
CREEK BOULEVARD
SECTION I: PROIECT DESCRIPTION
Application No.: ASA-2011-12
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, 359-08-013)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval 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 public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposal, 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 proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
b) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
Resolution No. 6649 ASA-2011-12 �August 9,2011
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas,utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been design�d to minimize traffic hazard, positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
d) This new development, abutting an existing residential development, has been designed to
protect residents from noise, traffic, light and visually intrusive effects by use of buffering,
setbacks,landscaping,walls and other appropriate design measures.
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,:
A Mitigated Negative Declaration (file no. EA-2011-10) is hereby recommended for adoption; and
The application for an Architectural and Site Approval, Application no. ASA-2011-12 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. ASA-2011-12 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, EXC-2011-10, 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 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 Na•ti649 ' ASA-2011-12 August 9,2011
PASSED AND ADOPTED this 9th day of August, 2011, at a regular Meeting of the Planning
Commission of the City of Cupertino,State of California,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:
Gary Chao Winnie Lee,C
City Planner Cupertino Planning mmission