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Reso 4104APPLICATION 25-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4104 OF THE PLAN14ING COMMISSION OF THE CITY OF QJPERrINO RECOMMENDING APPROVAL OF A USE PM11 T TO OONSPFdJCr A 1,700 SQ. FT. ADDITION TO AN E=rING BUILDING WMMI A DDITAL OFFICE CQ4MM 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 Cmmdssion finds that the application meets the following requirements: J 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 acco:modate 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. That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reoo mended 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 oonditicns specified in this Resolution are based and contained in the Public Hearing record concerning Application 25-U-88 as set forth in the Minutes of the Planning Commission Meeting of September 12, 1988 and are incorporated by reference as though fully set forth herein. RESOIUIION NO. 4104 (25-U-88) 09/12/88 Page -2- SECTION II: APPLICATION DESCR=CN Application No(s) 25-U-88 Applicant: Milton J. Pagonis, DC6 Property owner: Civic Center Professional Gram Location: 10383 Torre Avenue southerly of Town Center Ln Parcel Area (Ac): 1.9 SECTION III• CONDITIONS ACMDISTERED BY 71E HIBLIC WORKS DEPARIMENT 1. STREET DO*OVEMENM & DEDICATION street widening, improvements, and dedications shall be in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMpFmVEMENIS _ Curbs and guttexs, sidewalks and related structures shall be installed in accordance with grades and stardards as specified by the city Engineer. sidewalks shall be, installed in a manner which allows a minirn>Lmn of j . five (5) feet of sidewalk area which is urnb6tructed. This may require a sidewalk easement on private property. 3. LIGHTING Street lighting fixtures shall be installed as directed by the City Engineer. 'All on and off -sits lighting shall be designed to in no way interfere with adjacent areas and shall be no hider than the maximum height permitted by the zone in which the property is located. 4. FIRE FANP Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL SIGNS Traffic ooattrol signs shall be placed at locations specified by the City. 6. SIMM TREFS; Street trees shall be planted within the Public Right of Way as required by the city engineer. RESOLUrICII NO. 4104 (25-U-88) 09/12/8a Page -3- 7. GRbQTNG Grading shall be as approved and required by the City Engineer in accordance with Ordinance 214(a). MPMN�• Drainage shall be provided to the satisfaction of the City Engineer. 9. WDE]7GRDUND UPILSPIFS The applicant shall be responsible for ccuplying with the requirements of the Underground Utility ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility ccupanies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility underground provisions. (This plan moist have prior approval of the utility ocapanies and the City Engineer.) � uau� •:4iy � :n:��a�ia.W Mie applicant shall be responsible for oompleting the site as shown on approved plot plan and shall be required to enter into a development agreement with the City of Cupertino providing for payment of necessary fees, including but not limited to checking and inspection. fees, storm drain fee, and underground utility fee. said agreement shall be executed prior to the issuance of a building permit. 11. 7 WSFORER SCREEMG Electrical and telephone transformers shall be screened with fencing and landscapuxj, or undergrounded, such that they are not visible from public street areas. • •• � • � U 01.171• 1 'i• 1 � �LU•:.�YuLI�iY 12. APPROVED EXH:rBI'IS The recamendation of approval is based on Exhibit A of 25-U-88 except as may be amended by the conditions contained herein. 13. M3DIFICATICNS OF TffE APPROVED DEVEOPH11" PLAN 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 firding 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 may certify the change on the revised plan., If such approval is withheld, the applicant may appeal to the Planning Commission.