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Reso 2974 7-Z-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 2974 OF THE PLANNING CYIMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF MJDIFICATIONS TO THE CONDITIONS OF APPROVAL FOR APPLICATIONS 13-Z-77 AND 14-Z-79 PERTAINING TO THE HOMESTEAD SQUARE SHOPPING CENTER SECr'ION I: FINDINGS WHEREAS, the attached application has been submitted to the City of Cupertino requesting a change of zone in the zoning regulations of the City, as stated on Page 2; and WHEREAS, the Planning Commission has held at least one public hearing in regard to the application on the date as noted on said application; and WHEREAS, the Planning Commission has duly considered and heard all evidence submitted in regard to said application; and WHEREAS, the necessary public notices have given as required by the Zoning Ordinance of the City of Cupertino: NOW, THEREFORE, BE TT RESOLVED: That the Planning Commission finds that the proposed zone change: a. Encourages the most appropriate use of land. b. Conserves and stabilizes the value of property. c. Provides for adequate open spaces for light and air. d. Permits adequate control of fires. e. Promotes the health, safety and public welfare. f. Provides for the orderly development of the City. g. Is advantageous to the property and improvements in the zoning district and neighborhood in which the property is located. That the sllusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 13-Z-77 and 14-Z-79 as set forth in the Minutes of the Planning Commission Meeting of November 24, 1986, and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 2974 (Application 7-Z-86) 11/24/86 Page - 2 II) APPLICATION DESCRIPTION Application No. 7-Z-86 Applicant: City of Cupertino Property Owner: Thornwood Assoc. and Albert Annanini Location: Southeast corner of Homestead and Stelling Roads at the Homestead Square Shopping Center Parcel Area (Ac) : 1.9 III) CONDITIONS 1. The approval is based upon Exhibit A of 7-Z-86 except as may be modified herein. 2. Condition 16 of Planning Commission Resolutions 1719 and 1968 is amended to read as follows: 16. ALLOWED USES: A. Recreation/Entertainment Uses: 1. Ucc subject to staff approval: Antique Dealers Frame Shops Art Dealers Health Food Stores Artist Supplies Hobby and Tay Stores Artware Stores NDusical and Instrument Stores Beauty Salons Stereo and Record Stores Bicycle Stores Photography Studios Bookstores Sporting Good Stores Camera Stores Stamp Shops Coin Shops Video Movie Sales and Rentals Florist Shops 2. U requiring use permit review: Bakeries Pet Shops Billiard Roans Restaurants Boats, Boating Supplies, Skating Rinks and Motors (indoors) Swimming Academies Bowling Alleys Tanning Salons Candy Stores Tennis, Handball, Squash Courts Delicatessens Specialized Schools (eg: dance Health Spas schools, karate schools) Ice Cream Shops RESOLUTION NO. 2974 (Application 7-Z-86) 11/24/86 Page - 3 - 2) Cont'd. Uses not listed in Coalitions 16A 1 or 16A 2 shall be evaluated by the Director of Planning and Development. If the Director concludes that the use is clearly compatible with those enumerated in either list, the Director may approve the use or determine that said use requires use permit review. If an aggrieved entity or person disagrees with the Director's interpretation, the matter shall be placed an the agenda for the Planning Commission's decision as a New Business item on the agenda. B. Non-Recreational/Entertainment Uses: 1. Permitted uses under the CG Ordinance shall be approved by staff. 2. Uses requiring use permit approval under the CG Ordinance Shall Obtain a use permit frnn Planning Commission and City Council. 3. Nan-recreational uses an each parcel are limited to 25% of the gross building area. : 3. Condition 17 of Planning Commission Resolution 1719 is deleted. PASSED AND ADOPTED this 24th day of November, 1986 at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: COMMISSIONERS: Claudy, Sorensen, Adams, Chr. Szabo NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Mckenzie ATTEST: APPROVED: /s/ Robert S. Cowan /s/ Nicholas Szabo Robert S. Cowan NiCholas Szabo, Chairman Planning Director Planning Commission RS07Z86(RD1)