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Reso 6161 U-2002-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 ' RESOLUTION NO. 6161 USE PERMIT FOR DEMOLITION OF THE EXISTING 37,000 SQUARE FOOT LIBRARY, AND CONSTRUCTION OF A NEW 53,000 SQUARE FOOT 2-STORY LIBRARY AND A 6,300 SQUARE FOOT ONE-STORY COMMUNITY HALL, AND RECONSTRUCTION OF THE EXISTING CIVIC PLAZA WITH LANDSCAPE AND HARDSCAPE IMPROVEMENTS SECTION I: PROTECT DESCRIPTION Application No.: U-2002-07, EA-2002-12 Applicant: City of Cupertino Location: APN#: 369-31-033 - Cupertino Civic Center SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 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 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, application no. U-2002-07 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Resolution No. 6161 U-2002-07 October 14, 2002 Page 2 Application U-2002-07, as set forth in the Minutes of the Planning Commission Meeting ► of October 14, 2002, and are incorporated by reference herein. ► SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS ( Approval is based on plan set dated September 16, 2002 and entitled "City of Cupertino - Civic Center," and as amended by this resolution. � 2. PROTECT MODIFICATIONS Prior to the submittal of building permits, minor changes to the project, as determined by the Director of Community Development, shall be reviewed by the Design Review Committee. Major changes to the project shall be reviewed by the Planning Commission. 3. LANDSCAPE PROTECTION As part of the building permit submittal, a tree protection plan for the trees to be retained and relocated, shall be prepared by a landscape architect or certified arborist. The landscape architect or certified arborist shall inspect the tree protection installation and provide a report to be approved by the Director of Community Development prior to issuance of building permits. 4. BICYCLE RACKS The applicant shall install bicycle racks to accommodate 15 bicycles near the parking lot to the east of the library building and adjacent to the Library building on Torre Avenue. 5. TRANSFORMERS Electrical transformers, telephone vaults, backflow preventers and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground so they are not visible from public areas. The equipment locations shall be determined prior to issuance of building permits. 6. 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 Resolution No. 6161 U-2002-07 October 14, 2002 Page 3 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. � � PASSED AND ADOPTED this 14th day of October 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Saadati, Chen, Auerbach and Chairperson Corr ` NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Wong ABSENT: COMMISSIONERS: I ATTES : APPROV . , — Steve Piasecki Charles Corr, Chairperson Director of Community Development Cupertino Planning Commission G: � Plantting � PDREPORT, RES � U-200?-07 res.dnc