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Reso 30879-U-87 (REV.) CITY OF CUPERTINO 10430 So. De Anza Boulevard Cupertino, California 95014 RESOLUTION NO. 3087 OF THE PLANNING OQ*=ION OF THE CITY OF CUPERITN0 REOCHMMING APPROVAL OF A REVISION TO USE PE3MIT 9-U-87 TO EXPAND AN EXISTIM RETAIL CERM BY ALIOWING A FLOOR AREA BCNUS OF 3,895 sq. ft. UNDER GENERAL PLAN POLICY SECTION 1: FINDINGS WHEREAS, the Planning Coamission of the City of Cupertino received an application for revision of a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application: and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) Zhat the use or uses are in conformance with the Cenral 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. b) 'That the property involved is adequate in size and shape to accommodate the proposed use. c) 4hat the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) n mt the proposed use is otherwise nat 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 iq= vements in the neighborhood. e) nmt the site is allocated additional building intensity credit for redevlepmm-rt activity as provided in Lam Use Element Policy 6.A.7. Mw, TMaUXIM, BE IT RESOLVED: That after careful oonsideratien of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reocnmc'nded for approval, subject to the owxJitions which are enmDerated in this Resolution beginning on Page 2 thereof; and Mat the subconclusicns upon: which the findings and conditions specified in this Resolution are based and contained in the Public blearing record concerning Application 9-U-87 as set forth in the Minutes of the Planning cmmission Meeting of Marsh 9, 1987, and are incorporated by reference as though fully set forth herein. 1 RESOLUTION NO. 3087 (9-U-87 Rev.) 09/14/87 Page - 2 - SECTION II: PROJECT DESCRIPTION Al/ Application: 9-U-87 (Rev) Applicant: Yamaoka Development, Inc. Property Owner: George Yamaoka, et. al. Location: North side of Stevens Creek Blvd. Between Portal Ave. and Perimeter Road Parcel Area (Ac) 5.2 gross SECTION III: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit A of Application 9-U-87 (Rev.) except as may be amended by additional conditions enumerated herein. 2. AMENDED FLOOR AREA RATIO Condition 18 of Use Permit 9-U-87 as stated in Planning Commission Resolution No. 3000 is hereby amended as follows: The Planning Commission finds that the developer has satisfied the criteria specified in Policy 6(a) of 1-GPA-80 to allow the addition 111Pof approximately 3,895 square feet of retail floor space beyond that allowed under the .25 base FAR (Floor Area Ratio) . Accordingly, the project site may develop to an aggregate FAR of .267, or approximately 60,750 sq. ft. of gross floor area. 3. EXISTING CONDITIONS All conditions specified in Use Permit 9-U-87, as contained in Planning Commission Resolution 3000, which are not in conflict with the provisions of this Resolution shall remain in full force and effect. PASSED AND ADOPn!1) this 14th day of September, 1987, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll-call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman Mackenzie NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: Robert Cowan Donald Mackenzie, Cha - Planning Director Planning Commission