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Reso 4732 2-U-66 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION NO. 4732 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT MODIFICATION TO MEET PARKING REQUIREMENTS FOR ABOUT 67,000 SQ. FT. OF GENERAL RETAIL SPACE AND 1,160 RESTAURANT SEATS IN AN EXISTING SHOPPING CENTER SECTION I: 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 shared parking arrangement is based upon the shared parking formula outlined in the newly adopted parking regulations; 2) The City of Cupertino is interested in maximizing retail centers growth through the use of shared parking arrangements. 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 Modification 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. 2-U-66 (Mod.) as set forth in the Minutes of the Planning Commission Meeting of August 12, 1996, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 2-U-66 (Mod.) Applicant: Cupertino Village Associates Property Owner: Cupertino Village Associates Location: Southwest corner of Wolfe Road and Homestead Road Resolution No. 4732 2-U-66 (Mod.) August 12, 1996 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. RESTAURANT AND BAR USES The property owner shall prove with each new restaurant user that the total shared parking between CVI & CVII does not exceed the maximum allowed per the shared parking formula of the city's parking regulations. No new full bars or lounges without restaurants are allowed unless a conditional use permit is approved. The existing or substantially similar bar on CV I f (APN 316-OS-070) shall be in operation for this approval to be in effect. 2. RECIPROCAL PARKING AGREEMENT The property owners attorney shall draft a shared parking agreement which is based upon the parking regulations shared parking formula, between CV 1& CVII. The wording of this agreement shall be approved by the city attorney. Proof of final recordation of this agreement is required within thirty days of this approval. 3. PROVISION OF ADDITIONAL PARKING When the bank lease expires, the drive-through area shall be converted to 23 parking spaces. PASSED AND ADOPTED this 12th day of August, 1996, at a Regular Meeting of the Plannin�; Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Harris, Mahoney NOES: COMMISSIONERS: Doyle, Roberts ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: AP OVED: Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g:/pdreport/r2u66m