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Reso 0841 C I T Y 0 F C U P E R T I N 0 City Hall, 10300 Torre Avenue Cupertino, Cal ifornia 95014 � Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING �HE GRANTING OF A VARIANCE WHEREAS the Planning Commission of the City of Cupertino received an application for a VARIANCE, as stated on Page 2; and WHEREAS the applicant has met the burden of proof required to support his said application; and WHEREAS the application shows: 1. That the�e are special conditions or exceptional charac- teristics in the nature of the property to be affected, or that irs location or its surroundings are such as will permit the Commission to make a determination that a lite�al enfo�cement of the Ordinance would result in prac- tical dificulties or unnecessary hardships; and 2. That the granting of the application is necessary for the preservation �nd enjoyment of substantial property rights; and - 3. That the hearings show that the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property which is �he subject of the application, and that the use of said property in the manner in which it is pro- posed to be used will not be materially detrimental to the public welfare or injurious to the value of property or improvements located in said surr°oundings; NOW, TH�REFORE, BE IT RESOLVED: That after car°eful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for the VARIANCE be , and the same is, hereby recommended for ap- proval to the City Council of the City of Cupertino for appro- priate action, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVEDa That the aforementioned findings are approved and adopted, and that the Secretary be, and is hereby, directed to notify the parties affected by this decision. (Continued on Page 2) -1- City of Cupertino 14 CITY STANDARD A�VELOPMENT CONDITIONS 1. Street widening, improvements, and dedications shall be in accordance with City standards and specifications and as required by the City Engineer. 2. Curbs, gutters, sidewalks and structures shall be installed to grades and to be constructed in accordance with standar.ds specified by the City Engineer. 3. Street lighting shall be installed and shall be as approved by the City Engineer. On-site lighting shall be as required by the Architectural and Site Approval Committee and ordinances and regulations of the City. All on and off site lighting sha11 be designed to in no way interfere with adjacent areas and shall be no higher � than the maximum height permitted by the zone in which the property is located. 4. Fire hydrants shall be located as required by the City. S. Traffic control signs will be placed at locations to be specified by the City. 6. Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with Ordinance No. 125. 7. Grading shall be as approved and required by the City Engineer in accordance with Ordinance No . ?_14 (a) . 8. Drainage within and without the development shall be to the satisfaction of the City Engineer. 9. The applicant shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility undergrounding provisions. (This plan must have prior approval of the utility companies and the City Engineer). 10. The location of all buildings, fences, roadways, parking areas, landscaping and other facilities or features shall be as shown on the site plan submitted labeled "Exhibit A", except or unless indicated otherwise herein. 11. Parking must meet the requirements set forth in Cupertino City Ordinance No. 002(q) and must be in accordance with the approved plot plan. 12. A masonry wall will be built by any commercial developer to separate such commercial area from any residential area; such wall shall be six feet h�gh above the highest adjoining finished grade. 13. Landscaping areas shall be maintained as shown on site plan. Detailed landscaping plans, related to arrangement, selection of plant rnaterials and sizes, shall be approved by the Architectural and Site Approval Committee and City Council prior �o issuance of a building permit. 14. The applicant shall be responsible for completing the site as shown on approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to, checking and inspection fees, storm drain fee, and underground utility fee. Said agreement shall be executed prior to the issuance of a building permit. 9/23/70