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Reso 4505 15-U-93 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4505 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR LATE EVENING ACTIVITIES IN ACCORDANCE WITH SECTION 19.56.040 OF THE MUNICIPAL CODE --------------------------------------------------------------------------- --------------------------------------------------------------------------- SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That a copier business is a service oriented business offering a unique need to the community. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to � properiy and improvements in the neighborhood. e) That the nature of the use is not characterized by loud noise or activity and is not anticipated to generate significant customer activity during the late evening hours. � That the parking lot lighting will be required for the safety of customers and employees during the late evening hours. � NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved contingent upon the approval and effective date of the rezoning and subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and 1 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 15-U-93 as set forth in the Minutes of the Planning Commission Meeting of February 14, 1994, and are incorporated by reference though fully set forth herein. � SECTION II: PROJECT DESCRIPTION Application No.: 15-U-93 Applicant: Tecta Associates Property Owner: West Valley Shopping Center Location: 20660 Homestead Road Resolution No. 4505 15-U-93 February 14, 1994 Page-2- -------------------------------------------------------------------------- -------------------------------------------------------------------------- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The approval is based upon the Tecta floor plan (15-U-93). 2. USE CONDITIONS All conditions of approval in Planning Commission Resolution No. 4016 shall remain in full effect. The hours of operation for this tenant, a copier use, of approximately 6,000 sf. in Building B of site plan 48-U-87 is approved for 24-hour operation. If the use type changes, the 24-hour operation is void. Nighttime deliveries and pickups are governed by Chapter 10.48 of the Cupertino Municipal Code. The rear door (south facing door) shall be emergency exiting only. 3. PARKING LOT LIGHTING The extent of parking lot lighting shall be determined and approved by the County Sheriff s Department, for an eye to safety, in conjunction with the Planning Department. --------------------------------------------------------------------------- --------------------------------------------------------------------------- PASSED AND ADOPTED this 14th day of February, 1994, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: � AYES: COMMISSIONERS: Austin, Harris, Roberts and Chairman Mahoney NOES: COMMISSIONERS: Doyle ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: n .� /��7 e � j e s ���� �� 4�, �„ � Robert S. Cowan Orrin Mahoney,�`hairman Director of Community Development Cupertino Planning Commission g:/mm/peresos/15u93