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Reso 3046APPLICATION 22-U-87 CITY OF CUPERTINO 10430 S. DE ANZA BOULEVARD, Cupertino, California 95014 RESOLLI1 ON No. 3046 OF THE PIMOUNG 03*aSSION OF THE CITY OF CiJpmmi0 IM03 MMIM APPROVAL TO ALLOW MODIFICATIONS TU EKISTaIG INDUSTRIAL FACILITIES INCLUDING EXPANSION AT AN E?CEMM4G INDUSTRIAL BUILDING, OoNsnwHaN OF A RECREATION BUILDING, AND INSTAI.=cN OF SITE, LANDSCAPING, PARKING AND CREEK MDDIFICATICKS. SEC " I• FINDINGS WHEREAS, the Planning-ission of the City of Cupertino received an application for 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) That the use or uses are in conformance with the General 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 aocmmndate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) nmt the purposed use is otherwise not 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 improvements in the neighborhood. 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 recanmended for approval, subject to the conditions which are enumerated in this Resolution beginming on Page 2 thereof; and That the suboonclusions upon which the findings and conditions specified in this Resolutiont are based and contained in the Public Hearing record concerning Application 22-U-87 as set forth in the Minutes of the Planning Commission Meeting of Jlme 8, 1987, and are incorporated by reference as though fully set forth herein. RESOUMON 110. 3046 (22-U-87) 6/8/87 PAGE - 2 - SECTION EESC—RIPTTON • Application No(s) 22-U-87 .. Applicant: Tandem Cmvuters Property owner: Same Location: Northwest corner of Zxitau Avenue and Righway :f Parcel Area (Acres) f.a 1. STREETf Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGH IM INSPALU=GN Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE FiYi&tANr Fine hydrants shall be located as required by the City. 5. TRAFFIC SIQJS Traffic control signs shall be placed at locations specified by the City. yY:��l�l Y:falaj street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with oniinanoa 125. RESOLD al NO. 3046 (22-U-87) 6/8/87 PAGE - 3 - 7. GRADING Grading sha11 be as approved and required by the City Engineer in a000rdanoe with Ordinance 125. •:• • ■ r• a Drainage shall be provided to the satisfaction of the City Engineer Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. Me developer shall ccuply with the requirements of the underground Utilities Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 10. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located urklergrcund such that said equipment is not visible from public street areas. r :r • - ra • es-ia� m The project developer shall enter into a development agreement with the City of 04— tino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergroundi.nq of utilities. Said agreement shall be executed prior to issuance of constriction permits. • •• i• ra+l. The recommendation of approval is based on Exhibits Exhibits A. A-1, A-2, A-3, A-4, B, B-1, B-2, B-3, Info. 1 and Info. 2 of Application 22-U-87, except as may be amended by the conditions contained in this Resolution. RESOLUTION NO. 3046 (22-U-87) 6/8/87 PAGE - 4 - WMNINWavr • Alaws 31 nJA-3-1 1? mil In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved development plan, a written request or revised develcpment plan shall be submitted to the Director of Planning and Development. if the Director makes a finding that the changes are minor and do not result in a material affect upon the appearance or !unction of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Ocmmissicn. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning O.aission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning mission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Comm.issicn. The applicant shall install one secured bicycle locking device (Bicycle Docker) for every 6,500 sq. ft. of building floor area. I Y•' •• -00�di'171D 1]1 The applicant or successor in interest shall record a covenant agreeing to join a car pool/van pool to be established by the City of Cupertino. Said covenant may, at the city Is option, include provisions requiring the developer to provide, by lease or purchase, one twelve passenger van. Provision of said vehicle shall be contingent upon the success of the private program; success is defined as securing a paid driver and sufficient paying passengers to defray the cast of aogLdring and operating the vehicle. 16. Parking (Building 200) The use permit plan reduces parking for the '9MUding 200 site" resulting in a deficiency from current parking standards. 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