ASA-2011-16b City of Cupertino
, , � 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E RT 1 N t�► FAX (408) 777-3333
Community Development Department
October 12, 2011
Cupertino Investment Partners
Attn: Cindy Cheng
1975 Hamilton Ave. #33
San Jose, Ca. 951215
SUBJECT: PLANNING COMMISSION ACTION LETTER - ASA-2011-16, M-2011-07
This letter confirms the decision of the Planning Commission, given at the meeting of October 11, 2011,
approving an Architectural and Site permit for parking lot, lighting and landscaping improvements and
a Modification to a previously approved Use Permit (U-2009-09) to allow changes to the site and
development plans, located at 19875/19885 Stevens Creek Boulevard, according to Planning
Commission Resolution No.(s) 6668 and 6669.
Please be aware that if this Permit is not used within a two-year period, it shall expire on October 11,
2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
George Schroeder
Assistant Planner
Planning Department
Enclosures: Resolution 6668 and 6669
CC: SHK & Associates, P.O. Box 7372, Fremont CA 94537
g:/planning/post hearing/actionletterASA-2011-16,M-2011-07
ASA-2011-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6668
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT FOR PARKING LOT, LIGHTING, AND
LANDSCAPING IMPROVEMENTS AT AN EXISTING COMMERCIAL PROPERTY LOCATED AT
19875/19885 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-16
Applicant/ Property Owner: Cindy Cheng
Location: 19875/19885 Stevens Creek Boulevard (APN 316-21-031)
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 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
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
adjoinixig property owners.
Resolution No. 6668 ASA-2011-16 October 11, 2011
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been desigried 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 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 an Architectural and Site Approval, Application no. ASA-2011-16 is hereby approved,
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-2011-16 as set forth in
the Minutes of Planning Commission Meeting of October 11, 2011, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted by SHK and Associates, titled "CORT Furniture Rental
Showroom and Clearance Center;' dated September 21, 2011, consisting of pages A-1, A-1.1, A-1.2,
A-2, A-6, E-0, L-1, C1, and C2, except as may be amended by the Conditions contained in this
Resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. M-2011-07 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.
PASSED AND ADOPTED this 11th day of October, 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, Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Cupertino Planning Commission
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