Reso 4183APPLICATION 14-U-89
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4183
OF THE PIMRUNG COMMISSION OF THE CITY OF CUPERMIO
RE=24ENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 1,000 SQ. FT.
BASEMEN' ADDITION TO AN EXISTING BUILDING
WITHIN A DENTAL OFFICE COMPLEX
SECTION I: FINDINGS
WHEREAS, 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
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 J
to be located.
b) That the property involved is adequate in size and shape to
accomiodate 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 and contained in the Public Hearing record
concerning Application 14-U-89 as set forth in the Minutes of the Planning
Commission Meeting of July 10, 1989 and are incorporated by reference as
though fully set forth herein.
RESOLUTION NO. 4183 (14•U-89) 07/10/89
Page -2-
SECTION II: APPLICATION DESCRIPTION
Application No(s) 14-U-89
Applicant: Milton J. Paaonis, DDS
Property Owner: Civic Center Professional Group
Location: 10383 Torre Avenue, southerly of Town Center In.
Parcel Area (Ac): 1.9
SECTION III: CONDITIONS AUTMSTERED BY THE PLANNING DEPARTMENT
1. APPROVED EYMBITS
The ration of approval is based on the site plan/elevation of
July, 1988 for application 14-U-89 except as may be amended by the
conditions contained herein.
2. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible from
public street areas.
3. MODIFICATIONS OF THE APPROVED DEVELOPMENT PLAN 1
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director ray certify the change on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning Commission.
If the changes are material, the Director shall submit said changes to
the Planning Commission for approval. If the change is denied by the
Planning Commission, the applicant may appeal to the City Council as
provided in Ordinance 652 of the City of Cupertino. If the change is
approved, an appeal may be made by an interested party. Further, any
member of the City Council may request a hearing before the City
Council, said request to be made within ten (10) days from the date of
approval when the change has been approved by the Planning Commission.
RFSOLUrION 110. 4183 (14-U-89) 07/10/89
Page -3-
4. FX.PANSION APPROVAL
The subject Use Permit authorizes construction and use of a basement
storage area with employee lounge encompassing 1,000 sq. ft. Prior to
issuance ,of building permits for said basement expansion, the property
owner shall, record a deed restriction limiting use of said area to
records storage arra an employee lounge only. Said deed restriction
shall expressly prohibit use of said area for any direct patient care
services. Said deed restriction shall be subject to approval of the
City Attorney as to form and content prior to recordation.
5. MODIFICATION OF FAR LIMITATION
Condition 14 of Use Permit 25-U-88, as stated in Planning Commission
Resolution No. 4104, is hereby amended as follows:
The subject Use Permit authorizes construction and use of a single
story, 1,700 s.f. addition of dental office space to an existing 3,891
sq. ft. office building. The floor area ratio for the entire five
building ccmplex, including the subject addition of 1,700 sq. ft.,
shall not exceed f/Z)6 0_27.
All other conditions of Use Permit 25-U-88 shall remain in full force
and effect.
6. BASEMENT LOCATION/ACCESS
The subject basement area may be constructed independently of the
surface floor area addition authorized under Use Permit 25-U-88. The
footprint of the baement area may be shifted to a point within the
existing building envelope at the owner's discretion. In any case,
access to the basement arra shall be provided from within the
building, arra shall not include exterior stairwells or elevators.
7. PATIENT CARE RESTRICTION
The intensity - of- use within the building vis -avis the number of
operatories and, staff as defined by Use Permit 25-U-88 shall not be
exceeded as a result of the basement area construction authorized
under this Use'Permit.
PASSED AND ADOPTED this 10th day of July, 1989 at a Regular Meeting of the
Planning Cannission of the City of Cupertino by the following roll call
vote:
AYES: COMMISSIONERS:
NAYS: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
s/ Robert Cowan
Claudy, Sorensen, Chr. Adams
Mackenzie
None
None
Robert Cowan
Director of Community Development
P4W V191fJ24
r
/s/ Victor J. Adams
Victor J.Adams, Chairman
Cupertino Planning Commission