107-F. Model Reso from Nov. 9, 2010 PC Report.pdfATTACHMENT F
M-2010-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF A USE PERMIT (U-2007-
03); ARCHITECTURAL & SITE APPROVAL (ASA-2007-05), EXCEPTION TO THE
HEART OF THE CITY SPECIFIC PLAN (EXC-2007-05), TENTATIVE MAP (TM-2007-
08) AND TREE REMOVAL (TR-2007-03) FOR THE PURPOSE OF EXTENDING THE
EXPIRATION DATE OF THESE APPROVALS ON PROPERTY LOCATED AT 10100 N.
TANTAU AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Modification to a Use Permit, Architectural and Site Approval, Exception to the
Heart of the City Specific Plan, Tentative Map and Tree Removal, as described in
Section Il. 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; and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use
Permit Chapter of the Cupertino Municipal Code; and
3) The proposed development is essentially consistent with the Heart of the City
Specific Plan, except for the exception from front yard setbacks along Stevens Creek
Boulevard.
Resolution No. M-2010-06 November 9, 2010
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Modification application is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
That the sub -conclusions upon which the findings and conditions specified in this
resolution are based and contained in the public hearing record concerning Application
No. M-2010-06 as set forth in the Minutes of the Planning Commission Meeting of
November 9, 2010 and are incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: M-2010-06
Applicant: Alanna Schroeder/Four Corners Properties
Property Owner: Rocktino Fee, LLC
Location: 10100 N. Tantau Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
REVISIONS TO U-2007-03, ASA-2007-05, EXC-2007-08, TM-2007-08, AND TR-2007-03:
The following Conditions of Approval in U-2007-03, ASA-2007-05, EXC-2007-08, TM-
2007-08 and TR-2007-03 are revised in their entirety as follows: All other conditions in
these approvals, not otherwise modified, remain in effect:
ENHANCED PEDESTRIAL WALKWAYS PER COUNCIL ACTION ON AUGUST
21 2007 :
The applicant shall contribute up to $75,000 for enhanced public improvements that
may consist of enhancing public walkways (that may include addressing two legs of
a crossing for adding a walkway, including a lighted walkway), removal of the
"pork chop" in the middle of the intersection, and any other relevant enhancements
to the intersection as determined by the Director of Community Development and
Director of Public Works.
DEVELOPMENT APPROVAL EXPIRATION:
Approval of Use Permit (U-2007-03), Architectural & Site Approval (ASA-2007-05),
Exception to the Heart of the City Specific Plan (EXC-2007-08), Tentative Map (TM-
2007-08) and Tree Removal (TR-2007-03) shall expire after August 21, 2015.
Resolution No. M-2010-06 November 9, 2010
Page 3
PASSED AND ADOPTED this 9th day of November 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Aarti Shrivastava
Community Development Director
g:/plamiing/pdreport/res/2010/M-2010-06 res.doc
APPROVED:
Paul Brophy, Chair
Planning Commission