Reso 4957 23-U-96(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION 4957
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF DIRECTOR' S REFERRAL OF A
MINOR MODIFICATION TO AN APPROVED PLAN RELATED TO
LANDSCAPING AND PARKING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
modification to 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, exhibits, 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. 23-U-96(M) as set forth in the
Minutes of the Planning Commission Meeting of September 14, 1998, and are incorporated by
reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 23-U-96(M)
Applicant: Stevens Creek/Cupertino Associates
Property Owner: Stevens Creek/Cupertino Associates
Location: 20745 Stevens Creek Boulevard
Model Resolution 23-U-96(M) September 14, 1998
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS AND PREVIOUS CONDITIONS OF APPROVAL
The recommendation of approval is based upon the attached site plan and elevations, except as
may be amended by the Conditions contained in this Resolution. All prior use permit conditions
of 23-U-96 and 23-U-96 (M) shall remain in effect, unless in conflict with these Conditions of
Approval.
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. RECIPROCAL PARKING AND ACCESS
The applicant shall provide a reciprocal parking and access agreement involving all parcels of
land depicted on the site plan labeled "Target Store, Cupertino, CA" and dated 9/14/98. Said
agreement shall be executed prior to completion of restriping of the parking lot.
4. BICYCLE PARKING
The applicant shall comply with the City's off-street parking ordinance relating to bicycle
parking and storage.
PASSED AND ADOPTED this 14th day of September, 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: Doyle, Harris, Stevens and Chairwoman Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Mahoney
ATTEST: APPROVED:
�,
Robert S. Cowan D a Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
g:/pdreport/res/r23u96(M2)