Reso 6692 DP-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6692
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A 21,468 SQUARE FOOT
CAFETERIA AND 27,099 SQUARE FOOT UNDERGROUND GARAGE; AND DEMOLITION OF AN
EXISTING 4,010 SQUARE FOOT RESTAURANT BUILDING FOR A NET SQUARE FOOTAGE
INCREASE OF 17,458 SQUARE FEET LOCATED AT 20625 ALVES DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2012-01
Applicant: John Noori
Property Owner: Apple, Inc.
Location: 20625 Alves Dr (APN: 326-34-069)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; 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 Corrunission finds as follows with regard to this application:
a) The proposed development, 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;
b) The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the 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,:
The application for a Development Permit, Application no. DP-2012-01 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. DP-2012-01 as set forth
in the Minutes of Planning Commission Meeting of April 24, 2012, and are incorporated by reference as
though fully set forth herein.
Resolution No.6692 DP-2012-01 Apri124,2012
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated March 9, 2012, consisting of 34 sheets labeled 0.0, 0.1, 0.2,
1.0, 2.0, 2.1, 2.2, 2.3, 3.0, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 4.0, 4.1, 4.2, 4.3, 4.4, 6.0, 6.1, 6.2, 6.3, 6.4, 6.5, 7.0, 7.1,
7.2, 7.3, 7.4, 7.5, 8.0, and 8.1, entitled, "Alves Restaurant, Apple, Planned Development Permit,"
prepared by Backen, Gillam, Kroeger Architects; Kier & Wright Civil Engineers & Surveyors, Inc.;
Carducci & Associates; and DES Architects & Engineers, except as may be amended by conditions in
this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2012-01, U-2012-04, and TR-2012-04 shall be
applicable to this approval.
3. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to a new 21,468 square feet cafeteria building; and
demolition of an existing 4,010 square foot restaurant building for a net square footage addition of
17,458 square feet.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
4. DEVELOPMENT ALLOCATION
The City shall deduct 14,715 square feet of commercial General Plan allocation from the North De
Anza Blvd Area. In addition, the City shall deduct 2,743 square feet of commercial General Plan
allocation from the City Center Area to the North De Anza Blvd Area.
PASSED AND ADOPTED this 24th day of April, 2012, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller,Vice Chair Sun, Brophy, Lee, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED: ,
�
Gary Cl�ao Marty M' er,Cl air
City Planner P1aruling Co ssion
G:�Plaririing�PDREPORT\RES\2012\DP-2012-01 res.doc