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Reso 24743 9-U-8: RESOLUTION NO. 22474 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ADD APPROXI- MATELY 5,300 SQ. FT. TO AN EXISTING COMMERCIAL CENTER AND CONSTRUCT A NEW RETAIL COMMERCIAL BUILDING CONSISTING OF 3,600 SO. FT. APPLICANT: Edwin J. Myers (Allan G. Dyer) ADDRESS: 10601 South De Anza Boulevard, Cupertino, California 95014 SUBMITTED: November 30, 1983 LOCATION: East side of South De Anza Boulevard approximately 350 ft. north of Bollinger Road and 1225 ft. south of Silverada Avenue. ---------------------------------------------------------------- FINDINGS AND SUBCONCLUSIONS: Approval is subject to the findings as set forth on Page 1 and subconciusions as set forth in the minutes of the Planning Commission meeting of January 9, 1984_ CONDITIONS: 1-14. Standard _Conditions Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 15. Angrav_ed_E;_hibits The approval is based upon Exhibits A and B of Application 39-U-8- as may be amended by additional conditions contained herein. 16. Permitted_Uses Permitted uses may include all uses allowed without the securing of a use permit in the City of Cupertino CG (General Commercial) zoning district. All other uses requiring use permit review in a CG zone (including fast-food restaurants) shall require use permit review in the subject Planned Development zoning district. 17. LandscaEe_Refi ew The applicant hall return to the Architectural and Site Approval Committee for informal review of detailed landscaping plans. -1- C I T Y O F C U P E R T I N 0 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a. That the use or uses are in conformance with the general plan and is not detrimental to existing uses or to uses 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 neighbor- hood. 11 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby recommended for approval, subject to the conditions stated on Page 2; and 11 BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. U planning Commission Resolution No. -2474 (cont ' d ) 0 ic'Z. Sigt'3_Er_ogcam The proposed Shopping Center sign applicant shall return to the Approval Committee for review of a 19. Reci.pnggg _Easements The applicant shall record a co and future property owners ingresslegress easements with the the south and north at such time in can require the same agreement owners. 20. Sound Wall 9-u-SL is not approved. The Architectural and Site sign program. venant obligating existing to provide reciprocal adjoining properties to the future as the City of the adjoining property The applicant shall repair or replace any sections of the sound wall which are cracked or in a state of disrepair. A 6 ft. high sound wall (measured from highest point of adjoining finished grade) shall be installed along the north property 'Line adjacent to the rear yards of the existing homes on Silverado Avenue. 21. I nt er i or _Pr oper_t y-Lines The applicant shall erase all existing interior property lines. Minor -Changes In the event that the applicant or subsequent property owner desires to make any minor change, alteration or amendment in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Planning and Development. If the Director of Planning and Development makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director of Planning and Development may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the .Planning Commission. If the changes are material, the Director of Planning and Development shall submit the change to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance No. 65? of the City of Cupertino. If the change is approved, an appeal may be made by an interested party. Further, any ® ,Member of the City Council may request a hearing before the Council, said request to be made within ten (10) days from date of approval - when the change has been approved by the Planning Commission. Planning Commission Resolution No. 2474 (cant"d) 39-U-83 LJ 23. Emeloyee_Ran ing In order to encourage greater use of parking areas next to the Regnart Creek Flood Control Channel, the south facing elevation of the east wing elevation depicted on Exhibit B shall contain windows and a public entrance. 24. Emoloyee_Parking The applicant shall encourage employees to utilize the easterly parking lot located to the rear of the existing retail building. 25. Architectural _and_Site_Aeerov_al_Committee_Review The Architectural and Site Approval Committee shall review the design and placement of trash enclosures for the entire site. A ------------------------------------------------------------------ PASSED AND ADOPTED this 9th day of January, 1984, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Claudy, Koenitzer, Szabo, Chairperson Blaine MAYS: None ABSTAIN: None ABSENT: None ATTEST: . APPROVED: /s/ James H. Sisk /s/ Sharon Blaine ------------------------ -------------------------- James H. Sisk Sharon Blaine, Chairperson Planning Director Planning Commission -3-