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Reso 4890 (8-U-95(M)) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4890 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF A USE PERMIT TO CONSTRUCT A 552 SQ.FT. ADDITION FOR A BALER ROOM AND AN ENTRY AT AN EXISTING FOOD MARKET. 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. 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. 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. 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 property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, ea�hibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved, 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 8-U-95(M) set forth in the Minutes of the Planning Commission Meeting of February 9, 1998, and are incorporated by reference though fully set forth herein. Resolution No. 4890 February 9, 1998 Page-2- SECTION II: PROJECT DESCRIPTION Application No.: 8-U-95(M) Applicant: Byers Properties/Whole Foods Market Property Owner: Same Location: 20830 Stevens Creek Blvd. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheet A-1, dated 1/ 14/98. 2. PRIOR APPROVAL Conditions of approval from 8-U-95 remain in effect. PASSED AND ADOPTED this 9th day of February, 1998, 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, Doyle, Harris, Mahoney, Stevens NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: � , Robert S. Cowan Donna Austin, Chairwoman Director of Community Development Cupertino Planning Commission g/pdreport/rso8u95m