Reso 2423•
21-U-83
�tF t:L11 ! IT I ON NO. ?423
OF THE. PLA;!NING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ADD 2,200
SO. FT. TO AN EXISTING 1,200 SO. FT. COMMERCIAL
BUILDING AND OPERATE A SMALL ANIMAL HOSPITAL/VETERINARY
CLINIC AND TO CONSTRUCT A SINGLE RESIDENTIAL DWELLING UNIT.
APPLICANT: Joseph Brown
ADDRESS: P.O. Box C. Cupertino, California 95015
SUBMITTED: June 20, 1983
LOCATION: Northeast side of Peninsula Boulevard approximately
250 ft. west of Freeway 85, 280 ft. east of the
Southern Pacific Right of Way in the Manta Vista
Area.
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning
Commission meeting of July 289 1983.
CONDITIONS:
1-14. Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
In the event a conflict does exist, the special conditions
as enumerated herein shall apply.
15. The approval is based upon Exhibit A 1st Revision and B
. 1st Revision of Application 21-U-83 as may be amended by
additional conditions contained herein.
16. The applicant shall record a covenant agreeing to provide
reciprocal ingress/egress easements with the adjoining
properties to the west and east at such time in the future
as the City can require the same of the adjoining property
owners.
17. Approval is granted to construct a 2.200 sq. ft. addition
to an existinn 1,200 sq. ft. commercial structure. The
permitted use is an animal hospital/veterinary clinic and
a single residential apartment unit. The 650 sq. ft.
residential dwelling unit shall not be converted to
non-residential space. Boarding of animals not under
medical care is prohibited.
18. The applicant is required to retain an acoustical engineer
to evaluate noise impacts from animals kept within the
existing and proposed structure. The applicant shall
incorporate any and all measures to ensure that no noise
from animals kept or treated at said facility is audible
at the common property line between this property and the
residential areas. The evaluation shall include an
21-U-83
Planning Commission Resolution No. (continued)
assessment of externally installed mechanical equipment to
ensure tht said equipment complies with the Noise Ordinance.
19. The applicant shall post a letter of credit, bond or other
surety to guarantee installation of all site, architectural
and public improvements. The amount shall equal estimated
cost of said improvements and shall be posted prior to
occupancy of the existing building.
The occupancy and use of the existing and future building
space shall be regulated by the following improvement
schedule:
Imerov_ement_Schedule
Occupancy Reguired_ ImQrov_ement
Stage_1: Occupancy of 1. Complete parking lot,
existing 1,200 perimeter landscaping
sq. ft. building and sound barrier by
space. October 1, 1983.
Stage_;: Occupancy of 2. Complete all remaining
2,200 sq. ft. an site improvements
addition. described on the approved
exhibits by July 28,
1984.
20. The applicant shall merge individual parcels into one parcel.
21. The applicant/owner shall execute a written agreement which
will obligate the applicant and existing and subsequent
owners to participate in future parking and circulation
improvements for the surplus Peninsula Boulevard right of way
which fronts the project site. The improvements may be
deferred until Peninsula Boulevard is abandoned and
agreements among all affected property owners are completed
and executed. The agreements shall approve a design and
implementation plan for the entire surplus right of way. The
degree of improvements and pro rated costs shall be approved
by the City Council in conjunction with a subsequent
abandonment hearing.
•
21-U-83
Planning Commission Resolution No. (continued)
PASSED AND ADOPTED this 2Sth day of July, 1983, at a regular
meeting of the Planning Commission of the City of Cupertino, State
of California, by the following roll call vote:
AYES: Commissioners Blaine, Koenitzer, Chairman Adams
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Claudy
ATTEST:
/s/ Robert S,_:Gowan
Robert S. Cowan
Assistant Planning Director
APPROVED;
/s/ Victor J. Adams
Victor J. Adams, Chairman
Planning Commission