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Reso 5093 14-U-82m CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 5093 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION OF A USE PERMIT TO CONSTRUCT A 1-STORY, 1,846 SQ. FT. ANECHOIC CHAMBER ON AN EXISTING OFFICE-CAMPUS SITE AT THE SOUTHWEST CORNER OF HOMESTEAD ROAD AND TANTAU AVENUE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Perinit, 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. 14-U-82 as set forth in the Minutes of the Planning Commission Meeting of December 13, 1999, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 14-U-82m Applicant: Hewlett-Packard Company Location: Southwest corner of Homestead Road and Tantau Avenue Resolution No. 5093 14-U-82m December 13, 1999 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled "3-Meter Anechoic Chamber Hewlett Packard, Building 41-Cupertino Site, 19490 Homestead Road, Cupertino, Ca 95014" dated 12/06/99 and consisting of 3 sheets labeled A, A.1, and A.2, except as may be amended by the Conditions contained in this Resolution. 2. FLOOR AREA The net floor area added to the total development is 864 square feet. This addition brings the total amount of floor area to 1,310,637 square feet and is drawn from the amount of total allowable floor area figure of 1,428,000 square feet, leaving a balance remaining of floor area of 117,363 square feet. 3. 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. PASSED AND ADOPTED this 13th day of December, 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: Corr, Harris, Kwok, Stevens and Chairman Doyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: / 0 Robert S. Cowan David Doyle, Chairp so Director of Community Development Cupertino Planning Commission g:/pdreport/res/r 14u82m