Reso 6812EXC-2016-03
CITY OF CUP ERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION UTION NO.6812
OF THE PLANNING COMMISSION OF THE CITY OF CUP ER'1INO APPROVING AN ]EXCEPTION
TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW TEN FOOT SIDE AND REAR
SETBACKS WHERE 22.5 FEET ARE REQUIRED, AND TO ALOW A 16 -FOOT SETBACK FOR
AN ARCHITECTURAL URAL FEATURE WHERE 31 ]FEET IS ALLOWED., ED, LOCATED AT
10122 BAND LEY DRIVE AND 10145 NORTH DE ANZA BOULEVARD
D
SECTION Ie PROJECT DESCRIPTION
Application No.: ]EXC-2016-03
Applicant: Any Chan
Property Owner: De Anza Venture, LLC
Location: 10122 Bandley Drive and 10145 North De Anza Boulevard
(APN# 326-34-043, 326-34-066)
SECTION ffe ]FINDINGS FOR EXCF ETION FOR DEVELOPMENT STANDA DS:
WHEREAS, the planning Commission of the City of Cupertino received an application for an ]Exception
to the Heart of the City Specific plan 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:
a) The proposed development is otherwise consistent with the City's General plan and with the goals
of this specific plan and meets one or more of the criteria described above.
The development, is otherwise consistent with the City's General Plan and the specific plan. The location of the
buildings along the street frontage allow for greater activation of the streetscape, and facilitate the overall
proposed mixed-use development. The reduced setbacks were proposed after all efforts were exhausted to meet
the prescriptive development standards in the specific plan.
b) The proposed development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety.
Resolution No. 6812 EXC-2016-03 July 26, 2016
Because the building will meet the majority of development standards, the development will not be injurious to
property or improvements in the area nor be detrimental to the public health and safety. Because of the
adjacent non-residential uses and the distance between buildings, the proposed setbacks are adequate to
provide spacing between buildings.
c) The proposed development will not create a hazardous condition for pedestrian and vehicular
traffic.
The development will not create hazardous conditions for pedestrian and vehicular traffic as the project is
designed to accommodate pedestrian and vehicular traffic by providing pedestrian access throughout the site,
and multiple points of entry for vehicles at Alves Drive, Bandley Drive, and Stevens Creek Boulevard.
d) The proposed development has legal access to public streets and public services are available to
serve the development.
The development has legal access to public streets and public services are available.
e) 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.
The side and rear setbacks of Building A will still be required to meet the minimum required setbacks of ten
feet. By still maintaining the minimum required setback, the exception has the least modification from the
development standards. The setback for the architectural feature is designed to be pedestrian friendly and at a
pedestrian scale to provide a walkable environment along the building frontage.
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,:
The application for a Heart of the City Exception, Application no. EXC-2016-03 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. EXC-2016-03
as set forth in the Minutes of Planning Commission Meeting of July 26, 2016, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received on June 2, 2016 consisting 134 sheets
labeled as "Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to T.9, C1.0 to
C5.21 R-1 to R-2, JT -1 to JT -3, A.0 to A.65, PM -1 to PM -3, SL -1 to SL -3, E-1 to E-2, and L0.02 to L5.02,
drawn by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates, Coffman Engineers. Inc,
Emerald City Engineer, Inc. Beyond Efficiency Inc, and RGD Acoustic, Inc., except as may be
amended by conditions in this resolution.
Resolution No. 6812 EXC-2016-03 July 26, 2016
2. ACCURACY OF ]PROJECT ]PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT ENT AP]PROVAIL CONDITIONS
The conditions of approval contained in file nos. DP -2015-05, ASA -2015-22, TR -2016-14, U-2015-06,
and ]ECC -2016-05 shall applicable to this approval
4. ANNOTATION OF '1'H]E CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans
6. EXCEPTION APPROVAL
A Heart of the City Exception is granted to allow reduced front, side, and rear setbacks along Alves
Drive and the rear and side portion of ]wilding A on the "De Anza ]Parcel".
5e CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
6, INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold, harmless the City, its
City Council, and its officers, employees and agents (collectively, the "indemnified parties") from
and against any claim, action, or proceeding brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside,
or void this Resolution or any permit or approval authorized hereby for the project, including
(without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of
the litigation. The applicant shall pay such attorneys' fees and costs within 30 days following receipt
of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not
otherwise employed as City staff and shall include City Attorney time and overhead costs and other
City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
7. 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(4) (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(x), 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 No. 6812 EXC-2016-03 July 26, 2016
PASSED AND ADOPTED this 26th day of July 2016, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chair Takahashi, Vice Chair Gong, Paulsen
NOES:
COMMISSIONERS: Lee
ABSTAIN:
COMMISSIONERS: Sun
ABSENT:
COMMISSIONERS:
ATTEST:
Benjamin Fu
Assist. Director of Community Development
APPROVED:
Alan Takahashi, Chair
Planning Commission