Reso 4081CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4081
� 1 ' 0 i I d> i f 1 • r �l'. �
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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)