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Reso 4081CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4081 � 1 ' 0 i I d> i f 1 • r �l'. � r l r 49 • •r 1 ■ r! •NNOr 04 0412 SECTION I: FINDINGS �, the Planning Commission 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 Wi2�,'REASo 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 accommodate 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) That the proposed 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 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 are, contained. in the Public Hearing record concerning Application 14Ud88 as set forth in the Minutes of the Planning Commission Meeting of June 13, 1988, and are incorporated by reference as though fully set forth herein. ■ RESOLUTION NO. 4081 (14 Ue88) 6/13/88 PAGE o2e SECTION II: PROJECT' DATA Application No. 14 U®88 and 21®EA 88 Applicant: De Anza College Property Amer: State of California Location: Highway.85 Right -of -Way southerly of Stevens Creek, Blvd. and northerly of McClellan Road SECTION III: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT The recommendation of approval is based on Exhibit A of Application 14 U-88, except as may be amended by the Conditions contained in this Resolution. 2. APPROVED USE/TINE; LMT The use permit authorizes construction and operation of temporary parking lot for students or visitors to the DeAnza College Campus only, and shall be configured as generally indicated on Exhibit A of this application. Said use permit shall remain in effect for a period of one (1) year from the effective date of this Resolution.The applicant. shall have the option to request an extension prior to the expiration of this Use Permit through the informal review process. Drainage shall be provided to the satisfaction of the City Engineer. The developer shall provide parking poles to designate space locations, to the satisfaction of the City Engineer. qW 5. SITE REVIEW The developer shall submit comprehensive lighting details for ASAC informal review, prior to construction of the facility. RESOLUTION NO. 4081 (14 U-88) 6/13/88 PAGE e 3 e 6. CONTINGENCY PLAN Prior to construction of the facility, the developer shall obtain City approval of an agreement providing for contingency use of an alternative temporary parking area. Said contingency parking agreement shall be I implemented in the event that abandonment of the Route 85 temporary parking facility is required in order to proceed with freeway construction. Said contingencies may include but are not limited to: off site parking with or without shuttle bus service valet service restriping of existing lots Content and form of said agreement shall be subject to review and approval by the City Attorney. 7. MODIFICATION OF APPROVED DEVELOPMENT PLAN 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 development 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 function 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 Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commlission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Coimtu.ssion, 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 Comanissiono PASSED AND ADOPTED this 13th day of June, 1988 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, Szabo, Mackenzie, Chro Sorensen NOES: COMMISSIONERS o ABSTAIN: CDMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPRO D: Robert Cowan alee Soren'sen,-Chairperson Director of Planning Cupertino Planning Camiission RES14U88(L10)