Reso 5023� 4-U-97(mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5023
� OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION FOR RELOCATION OF A TRASH ENCLOSURE
OF A ONE-STORY 6,000 SQ. FT. COMMERCIAL RETAIL BUILDING
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, 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. 4-U-97(mod) as set forth in the
Minutes of the Planning Commission March 22, 1999, and are incorporated by reference though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 4-U-97
Applicant: Cupertino Village Associates II, LLC
Location: Southwest corner of Wolfe Road and Homestead Road
Resolution No. 5023 4-U-97(mod.) March 22, 1999
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval listed in Planning Commission Resolution No. 4840 dated May
27, 1997 remain in effect unless changed by this resolution.
2. APPROVED EXHIBITS
The recommendation of modification approval is based on Exhibit Plans A1.1 dated 7-15-98,
A1.2b dated 7-15-98, A-S.la dated 7-15-98, A2.1 dated 7-15-98, Proposed Trash Enclosure
Planting Plan and Plant Legend except as may be amended by the conditions contained in this
resolution.
3. TRASH ENCLOSURE PLANTING PLAN
The trash enclosure shall include the addition or substitution of shrubs or vines on the northwest
portion of the transformer box subject to approval by staff before the issuance of a building permit.
4. WINDOWS
Windows on the building will remain in effect as originally approved and illustrated on Exterior
Elevations Sheet AS.la, dated 7-15-98
5. ENTRY FEATURE TRELLIS
The trellis on the entry features will remain as illustrated on Exterior Elevations Sheet A5.1 a, dated
7-15-98.
PASSED AND ADOPTED this 22°d day of March, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Harris, Kwok, Stevens and Chair poyle
NOES: COMMISSIONERS: Corr
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
.
�
Robert Cowan David Doyle airpers
Director of Community Development Cupertino Planning Commission
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