Reso 6135 M-2002-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6135
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FOR A
MODIFICATION OF A USE PERMIT TO INCREASE THE AMOUNT OF ALLOWED
MEDICAL/ DENTAL USE IN EXISTING RETAIL/ RESIDENTIAL BUILDING.
SECTION I: PROTECT DESCRIPTION
Application No.: M-2002-02
Applicant: Ben Shyy
Location: 19028 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the individual tenant spaces are not highly visible from Stevens Creek Boulevard
and the building is not part of a large collection of retail facilities; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, 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 proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit Modification are hereby
recommended for approval, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof; and
Resolution No. 6135 M-2002-02 May 13, 2002
Page 2
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. M-2002-02
as set forth in the Minutes of the Planning Commission Meeting of May 13, 2002, and are
incorporated by reference though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: Dr. Huang Dental Office, 19028 Stevens Creek
Boulevard, Cupertino, CA and consisting of two sheets and dated 4/ 22/ 02 (original
� drawing), excepted as may be amended by conditions contained in this resolution.
2. RECYCLING FACILITIES
The developer shall make provisions for recycling facilities which shall be in accordance
with Chapter 19.81 of the C.M.0
3. USE LIMITATION
In addition to professional office use, permitted uses may include all uses without the
securing of a use permit allowed in the City of Cupertino CG (General Commercial)
zoning. All other uses will require a conditional use permit review.
4. RETAIL/COMMERCIAL HOURS OF OPERATION
There shall be no activity in the retail/commercial portion of the development between
the hours of 9:00 p.m. and 7:00 a.m.
5. 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.
Resolution No. 6135 M-2002-02 May 13, 2002
Page 3
PASSED AND ADOPTED this 13� day of May 2002, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Saadati, Chen, Auerbach and Chairperson Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES : APPROVED:
�
_ ^ �"Z�
Steve Piasecki arles Corr, Chairman
Director of Community Development Planning Commission
G: \ P1aruling\ PDREPORT\ pcUsereports\ M-2002-02reso. doc