Reso 4832 36-U-85 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4832
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION FOR A ONE-STORY
1,160 SQ. FT. ADDITION OF AN AUXILIARY DINING ROOM AND
SERVICE KITCHEN AND OFFICE
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 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, e�chibits, 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. 36-U-85 (Mod.) as set forth in
the Minutes of the Planning Commission Meeting of April 28, 1997, and are incorporated b;� reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 36-U-85 (Mod.)
Applicant: Sunnyview West
Location: 22445 Cupertino Road
Resolution No. 4832 36-U-85 (Mod.) April 28, 1997
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
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1. APPROVED EXHIBITS
i The recommendation of approval is based on Exhibits labeled A-1, A-2, A-3 and A-5.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
� The Conditions of Project Approval set forth herein may include certain fees, dedication
I 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. TREE REPLACEMENT
� Four trees shall be planted as replacement trees for the four small trees being removed. At a
minimum the trees shall be 24" box and shall serve the purpose of providing additional screening
of the proposed building.
4. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's) as required by the State Water Resources Control
Board, for construction activity which disturbs soil.
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PASSED AND ADOPTED this 28th day of April, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
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I AYES: COMMISSIONERS: Austin, Mahoney, Roberts and Chairperson Harris
I NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST: APPROVED:
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Robert S. Cowan Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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