Reso 4875 36-U-85 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4875
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO CONSTRUCT A
1,027 SQ. FT. DINING/OFFICE ADDITION AND AN EMERGENCY
GENERATOR AT AN EXISTING SENIOR ASSISTED LIVING FACILITY
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 xr�is F.�solution; 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 Perrr:it Modification is hereby recommen�: d 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 October 13, 1997 and are
incorporated by reference though fully set forth herein.
Resolution No. 4875 36-U-85 (Mod.) October 13, 1997
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No.: 36-U-85 (Mod.)
Applicant: Sunnyview West
Location: 22445 Cupertino R �ad
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on E�ibits labeled A-1 through A-4.
2. APPROVED USES
This use permit is for the addition of a dining room, office and service kitchen only.
Applicant must apply for any future expansion as noted on approved exhibit sheet A-1.
3. EMERGENCY GENERATOR
Emergency generator shall be screened from public view by the installation of a redwood
fence and landscaping. Screening and landscaping shall meet the approval of the Santa Clara
County Fire Department. Noise levels generated by the equipment shall not exceed levels
defined in the Community Noise Control ordinance of the Cupertino Municipal Code.
Testing of the emergency generator shall be conducted Monday through Friday, 10:00 a.m. -
5:00 p.m.
4. NOTICE OF FEES DEDICATIGi1� �ESERVATIONS OiZ OTHER EXAC�'IONS
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.
5. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's) as required by the State Water Resources
Control Board, for construction activity which disturbs soil.
Resolution No. 4875 36-U-85 (Mod.) October 13, 1997
Page -3-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
6. SIDEWALK EASEMENT
Sidewalk easement dedication shall be provided and constructed in accordance with City
Standards and specifications and as required by the City Engineer. The purpose of this
requirement is to protect the existing specimen oak tree located at the southeast corner of the
property.
PASSED AND ADOPTED this 13th day of October, 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: Uoyle
ATTEST: APPROVED:
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Robert S. Cowan Andrea B. Harris, Chairperson
Director of Community Development Cupertino Planning Commission
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