Reso 4861 9-U-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4861
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CONVERT AN EXISTING 27,000 SQ. FT.
RETAIL BUILDING TO OFFICE USE AT 10495 NORTH DE ANZA BOULEVARD
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 project will provide adequate on-site parking and circulation. Provisions have been made to
continue to improve and integrate the circulation and parking of adjoining buildings in
accordance with the North De Anza Boulevard Conceptual Zoning Plan;
3) 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 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. 9-U-97 as set forth in
the Minutes of the Planning Commission Meeting of August 26, 1997, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 9-U-97
Applicant: Any Mountain, Ltd., Eldon Hoffman
Location: 10495 N. DeAnza Boulevard
Resolution No. 4861 9-U-97 August 26, 1997
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Plan titled: "Any Mountain LTD. Cupertino, Calif' Proposed Site
Plan and Parking Analysis dated 8/15/97, except as may be amended by the conditions
contained in this resolution.
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. PARKING/CIRCULATION
Applicant shall delete the four compact parking stalls that block the main driveway between
assessor parcels 326-33-109 and 326-33-110. If on-site parking or circulation becomes a
problem because of insufficient supply in relation to parking demand or inadequate circulation,
the Planning Commission shall hold a public heazing to review the matter with the applicant.
The Commission may require that additional parking spaces be provided if deemed appropriate.
4. BICYCLE PARKING
The applicant shall provide Class 1 bicycle parking facilities in accordance with the City
Parking Ordinance.
5. DEVELOPMENT ALLOCATION/CHANGE OF USE
For the purposes of development allocation, the existing retail building area of 27,000 square
feet shall be converted to office uses on a 1 square foot basis to 1 squaze foot basis.
PASSED AND ADOPTED this 26th day of August, 1997, 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, Mahoney, Roberts and Chairperson Harris
NOES: COMMISSIONERS: �
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST: APPROVED:
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Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission