Reso 4359 8-U-91
C I T Y O F C U P E R T I N O
10300 'Ibrre Avenue
Cupertino, California 95014
RESOI�TI'ION No. 4359
OF � PIANNING OC�SSION OF 7� CITY OF CUPEL�I'INO
RF7CJ�Il�iDING APPROVAL OF A USE P�T TO OCCt7PY 'IinTO
SIldGI,E-F�LY RESIDIIJC,F.S ON A'I��ORARY BASIS
'I�0 OPE�2ATE A IANASCAPE OFFICE BUSINE,SS
SF]GTION I: FIl�iDINGS
W�FAS, the Planning Ccnnnission of the City of C'upertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
arxl
WI�2FA.S, the applicant has met the burden of proof required to support
said application.; and
Wf�2E'AS, the Plannirig Cannnission finds that the application meets the
follawing requirements:
a) An office use is consistent with the General Plan use intent of
neic�borhood c�rnnercial.
b) The loss of two single family hames is offset by the approved
mixed use residential/office Use Permit (7-U-90) which may be
constructed on this site in the future.
c) The office use is c�npatible with the surrowxling sirigle family
uses.
N(7W, �iORE, BE IT RF50LVID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence suk�mitted in this matter, the application for Use Permit is
hereby r�ed for approval, subject to the conditions which are
enwmerated in this Resolution beginning on Page 2 thereof; and
That the suboonclusions upon which the firydirigs and conditions specified
in this Resolution are based an�d contained in the Public Hearirig record
conoernirig Application 8-U-91 as set forth in the Minutes of the Planning
Ccatnnission Meeting of July 22, 1991, and are incorporated by reference as
though fully set forth herein.
S�CI'ION II • PRQT�CI' DFSCRIPTION
Application No(s): 8-U-91
Applicant: John P Gachina Landsc.ape Mqmt•
property pwner; Robert �sepke and Ric)c Simonini
Project Loc.ation: 10026�10038 Oranae Avenue
RF50L�FrION NO. 4359 (8-U-91) July 22, 1991
Page -2-
SE�CI'ION IV:OONDITIONS A�III�TISI�.2ID BY Tf� OOMNI[JiQITY DEVELAPN�Fr DEPT
1) APPRC3VID �iIBITS
The reocennneridation of approval is b�a��ed on the Site and Elevation plan
dated July 8, 1991, and applicants lettex of June 14, 1991 except as
may be ame,rided by the Conditions oontained in this Resolution. The
P_Xl ��g s,hed and dtu�ster not shawn on the site plan may remain.
2 ) USE T �rnTTAmrpNS
The Use Permit grants the oc�cu�ation of two sirigle family residences
for a landscape maintenance offi� use. The Use Permit is valid for
six months, with no ric�t of renewal. The storage of vehicles,
equi�nnent or materials related to land��cape mainte.nance is not allawed
at the site. No chemicals may be stored on site. Hours of operation
are 7:00 a.m. to 11:00 p.m.
A$10,000 bond, cash or other security aoceptable to the City
Attorney, shall be provided within 10 working days of an approval
decision, to ensure the business evacuation at the expiration of the
Use Permit. If the applicant has nat evacuated, the monies shall be
retained and applied to the Cities efforts in evacuating the premises.
3 ) TRE� PROZ'�CI'ION
'The applicant shall not park vehicles, or otherwise hinder the
c�ntimzed health and grvwth of the 100 year old A]mond tree at the
Southwest c�orner of Parcel 59.
4 ) PARI�TG
A maxim�.mn of four trucks with trailers may be parked on site.
pp,�SSID AND ADOPTID this 22nd day of July, 1991 at a Regular Meeting of the
Planning Co�unission of the City of Cupertino by the follcywirig roll call
vote:
AYFS: OC1rM+�SSIONF�2S: Austin, Mahoney, C�iairn�an Mackenzie
NOFS: �SSIONERS: Mann, Fazek,as
p�BSrAIlJ: �IISSIONER.S: None
ABSII�T: O�SSIONIIZS: None
A'I'I'F.�t': �:
-� �,�,,,, �rL�(..�'ti' . `�
� � 1@ �1c1
RObert Cdwan Do enz �
Director of Gcmurn�ni.ty Develop�nent Cupeztino Planning ' ssion
Pa'�/Pc8u91