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Reso 6310 DIR-2005-17 CITY OF CUPERTINO 10300 Torre Avenue , Cupertino, California 95014 RESOLUTION NO. 6310 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REFERRAL OF A DIRECTOR'S MINOR MODIFICATION (12-U-9� TO ! LOCATE A MEDICAL OFFICE IN AN EXISTING COMMERCIAL BUILDING LOCATED AT 19028 STEVENS CREEK BOULEVARD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received a referral of a ' Director's Minor Modification 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: I 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 is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and . . . 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. DIR-2005- 17 as set forth in the Minutes of the Planning Commission Meeting of July 26, 2005 and are incorporated by reference as though fully set forth herein. Resolution No. 6310 DIR-2005-17 July 26, 2005 Page 2 � ' SECTION II: PROTECT DESCRIPTION � Application No.: DIR-2005-17 Applicant: Henry Lin (Ben Shyy) Location: 19028 Stevens Creek Boulevard ! SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT � DEPT. 1. APPROVED EXHIBITS ' Approval is based on the plan set titled: "Dr. Lin Chiropractic Office, Tenant Improvement, 19028 Stevens Creek Blvd., #D, Cupertino, CA 95014", consisting of 7 sheets labeled A-0 � through A-3 and E-1, E-2, M-1 dated 6/O1/O5, except as may be amended by the conditions contained in this resolution. I 2. 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. � 3. APPROVED USES The entire downstairs area may be occupied by retail or office uses. � PASSED AND ADOPTED this 26� day of July 2005, at a Regular Meeting of the Planning � Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati and Chairperson Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: � ABSENT: COMMISSIONERS: Chen ATTES • APPROVED: . ���. 6 Steve Piasecki Gilbert Wong, Chairperson Director of Community Development Cupertino Planning Commission g: / planning/ pdreport/ res / DIR-2005-17