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Reso 2796 APPIIICATION: 34-U-85 Revised CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2796 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING ON OF A MINC)R A E/ENT TO A USE PERMIT FOR INCREASE OF FIRST-LEVEL FINISHED FLOOR ELEVATION }UR A PROPOSED OFFICE BUILDING Afl RIGt.D UNDER USE PERMIT 34-U-85 SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described an Page 2 of this Resolution; and WHEREAS, the applicant(s) has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following : a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to iiri specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use, nor injurious to property and improvements in the neighborhood. e) That the proposed site layout alterations do not have a material effect upon the uses or intensity of use authorized under Resolution 2695 for Application 34-U-85. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, ehibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning an Page 2 thereof; and RESOLUTION NO. 2796 (344J-85 Revised) 04/14/86 Page - 2 - BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 34-U-85 Revised, as set forth in the Minutes of the Planning Commission Meeting of April 14, 1986, and are incorporated by reference as though fully set forth herein. SECTION II: APPLICATION DESCRIPTION Application No(s) . 34-U-85 Revised Applicant: Beim & James Properties Property Owner Beim & James Properties Location: West side of De Anza Boulevard, northerly of Valley Green Drive Parcel Area (Ac) : 0.18 Request for Interpretation of Minor Amendment to an existing Use Permit to increase first-level finished-floor elevation by approximately 15". SECTION III: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT 1. PRIOR CONDITIONS All conditions of Use Permit 34-U-85, as specified in Planning Commission Resolution 2695 shall remain in full force and effect, to the extent that said conditions do not conflict with the provisions of this Resolution. In instances where conflict does exist, the conditions as specified herein shall prevail. 2. APPROVED EXHIBIT The approval of a Minor Amendment to a Lite Permit is based on Exhibit A 1st Revision and B 1st Revision of Application 34-U-85 (Revised) , except as may be amended by the conditions specified herein. PASSED AND ADOPTED this 14th day of April, 1986 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: O mninsioners Adams, Claudy, MacKenzie, Sorensen, and Chairman Szabo NAYS: None ABSTAIN: None ABSENT: None AITES'T: APPROVED: /s/ Robert Cowan /s/ Nicholas Szabo Robert Cowan Nicholas Szabo, Chairman Planning Director Planning Commission