CC Resolution No. 00-192RESOLUTION NO. 00-192
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROViNG AN EXCEPTION AND AN AIvlENDMENT TO THE HEART OF THE CITY
SPECIFIC PLAN TO ALLOW AN APARTMENT USE, EXCEED THE 40' HEIGHT LIMIT,
ENCROACHMENT INTO THE 1:1 SETBACK, AND TO ALLOW HIGH DENSITY
HOUSiNG ON LOT 1, TRACT 7953, CUPERTiNO CITY CENTER
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
3 -EXC-00
Cupertino City Center Land
Lot 1, Tract 7953, Cupertino City Center
SECTION II: FINDINGS FOR HEART OF THE CITY AMENDMENT
WHEREAS, The City Council of the City of Cupertino received an application for an
amendment to the Heart of the City Specific Plan, as described in this Resolution; and
WHEREAS, the apartment fulfills the Heart of the City goal of creating a high quality and
distinct community image and a functional and vibrant heart for Cupertino.
WHEREAS, the apartment provides superior design and is stepped back from the street.
WHEREAS, the Heart of the City amendment consists of allowing a maximum height of 108
feet, allowing an apartment use and to exceed the Heart of the City maximum dwelling units;
WHEREAS, the apartment slightly encroaches into the 1:1 setback with a trellis feature and a
turret. These design elements are needed to balance the design and are not considered a
significant mass of the building; and
SECTION III: FINDiNGS FOR EXCEPTION
WHEREAS, in order to provide design flexibility in situations when unique surrounding land
uses make it difficult to adhere to the development standards, an applicant for development may
file an exception request to seek approval to deviate from the standards; and
WHEREAS, the City Council finds the following with regards to the Exception for this
application:
1. The proposed development is otherwise consistent with the City's General Plan and
with the goals of this specific plan.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for vehicular
traffic.
4. The proposed development has legal access to public streets and public services are
available to serve the development.
Resolution No. 3-EXC-00 June 19, 2000
Page 2
5. The building design is superior in that it steps back fi.om Stevens Creek Boulevard,
has significant wall and roof articulation and its use of materials and colors.
6. The use provides day and nighttime pedestrian activity to the plaza.
7. The approval of housing on this site is consistent with General Plan policy 3-29:
Housing on Employment Center Sites to locate housing units on employment center
sites or in areas that could be designated for higher density housing, such as City
Center area.
8. The apartment fulfills the Heart of the City goals of creating a high quality and
distinct community image and a functional and vibrant heart of Cupertino.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, application no. 3-EXC-00 is hereby recommended for approval; and
That the subconclusions upon which the timings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 3-EXC-00, as set forth
in the Minutes of the City Council Meeting of June 19, 2000, and are incorporated by reference
herein.
SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
APPROVED EXHIBITS
The recommendation of approval is based on the plans drawn by McLarand Vasquez &
Partners, dated May 15, 2000, and consisting of the Project Summary, Retail/Parking Level
1, Level 1 (Podium Level), Parking Level 2, Parking Level 3, Midrise & Stevens Creek Blvd.
Elevation, Four Season and South Elevation, the North-South/East-West, Site Section, and
Levels 2-8 Floor Plans, Mid-Rise Loft Floor Plans. The McLarand Vasquez & Partners
Partial Elevation plan date March 31, 2000, (in concept), except not the precast concrete
base. The Guzzardo & Associates L-1.4 Landscape plan dated April 5, 2000, and the L-1.2
and L-1.3 dated March 30, 2000. The Creegan and D'Angelo Proposed Lot Line Adjustment,
Sheet 3 of 3 and dated 1/5/00. The material board dated February 3, 2000. As amended by the
conditions contained in this Resolution.
2. 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.
June 19, 2000
Resolution No.
Page 3
3. HEART OF THE CITY EXCEPTION
This approval grants an exception to the Heart of the City Specific Plan for the following:
Setbacks: 0' (east side), and (rear).
Garage setback: 0' (east).
Subsurface garage: 8' above grade.
Garage doors: 33' width.
Traffic flow: 2 two-way driveways off Stevens Creek Blvd.
Landscape frontage along Stevens Creek Boulevard
1. Evergreen trees.
2. Shrubs instead of lawn.
PASSED AND ADOPTED this 19~ day of June, 2000, at a Regular Meeting of the City Council
of the City of Cupertino by the following roll call vote:
Vote
Members of the City Council
AYES: Bumett, Chang, Lowenthal, Statton
NOES: James
ABSENT: None
ABSTAIN: None
ATTEST:
Ki~y Clerk -