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Reso 6425 EXG2006-09 I CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6425 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A PARKING EXCEPTION TO ALLOW THE EXISTING 61 ON- SITE PARKING SPACES TO SATSIFY THE PARKING REQUIREMENTS FOR � AN URGENT CARE CENTER (CUPERTINO MEDICAL CENTER) AND OFFICE SPACE FOR A 15,650 SQUARE FOOT BUILDING SECTION I: PROTECT DESCRIPTION Application No.: EXC-2006-09 Applicant: Yung-Kuang Chen(Cupertino Medical Center) Location: 10040 Bubb Road SECTION II: FINDINGS � VVHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Parking Regulations (Chapter 19.100 of the Cupertino Municipal Code), as described in this Resolution; and WHEREAS,the Planning Commission finds the following with regards to this application: a� That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this title; b� That the granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the pubic safety,health and welfare;and c� That the exception to be granted is one that will require the least modification and the minimum variance to accomplish this purpose;a�d d) That the proposed exception will not result in significant impacts to neighboring properties. NOW,THEREFORE,BE IT RESOLVED: That after careful consideration of maps,facts, exhibits, testimony and other evidence submitted in this matter, the exception to the parking regulations is hereby approved subject to the conditions which are enumerated in this Resolution; and SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEP'T. 1. APPROVED EXHIBITS Approval is based on the parking analysis (Exhibit B) prepared by Fehr and Peers Traffic Consultants dated September 15, 2006, and exhibits and plan set titled: "Dr. Cheri s Medical Resolution No. 6425 EXG2006-09 October 10,2006 Page 2 Center Tenant Improvement" stamp dated September 14, 2006, consisting of three pages, � except as may be amended by conditions in this resolution. 2. PARKING EXCEPTION A. This parking exception approval is granted to allow the existing 61 parking spaces on the subject property to satisfy the parking requirements for the site based upon occupancy of a 12,185 square foot urgent care center (including incidental physical therapy services and skin care center) and 3,465 square foot general office space within the existing 15,650 square foot building and in accordance with the parking analysis conducted by Fehr and Peers, dated September 15, 2006 (Exhibit B). B. The applicant shall demonstrate whether additional parking spaces can be i accommodated on site through re-striping of the parking lot. If additional parking spaces can be accommodated, the applicant shall re-stripe the parking lot to accommodate the additional spaces. 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. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2006-09, as set forth in the Minutes of the Planning Commission Meeting of October 10, 2006 and are incorporated by reference herein. PASSED AND ADOPTED this 10th day of October 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Miller,Vice Chair Giefer,Wong,Chien NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Saadati ATTEST: APPROVED: � _-� � �r ; � �_ j � , � / -' c��� � ,,,��� Steve Piasecki Marty �e_r, = hair Director of Communi Develo ment Planning Coxr�iussion tY P