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Reso 2701RESOUMON NO. 2701 OF THE PLANNING CO10aSSION OF THE CITY OF CUPEIQ'INO APPROVING A USE PER= FOR EXPANSION OF AN E7{ISTING RETIREMERr CARE FACIISTY BY 16,600 SQ. Fr. INCLLNDING NEW DWEIUNG UNITS AND EXPANDED AEA=STRATIVE OFFICE AND DINING SPACE. APPLICANT: sunnyview Lutheran Home ADDRESS: 22445 Cupertino Road Cupertino, CA 95014 SUBMr=: September 3, 1985 LOCATION: Northeast corner of Foothill Blvd. and Cupertino Road FINDINGS AND SUBODNCLUSIONS: Approval is subject to the findings as set forth on Page 1 and the subconclusions as set forth in the minutes of the Planning Commission meeting of October 14, 1985. CONDITIONS: 1-15. STANDARD CONDITIONS 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. 16. APPROVED EXHIMS That the recommendation of approval is based on Exhibits A, A-1, B, B-1 of Application 36-U-85 except as may be amended by special conditions enumerated herein. 17. USE L�IITATION The subject use permit authorizes addition of 16,600 sq. ft. of new floor space which shall erK=Pass eight (8) one bedroom units, . personal care beds plus related improvements to the administrative office, employee lounge, kitchen and crnmon dining areas as indicated on the approved exhibits. 18. �ARICI2JG Parking shall be provided on site at a minim= ratio of 0.5 spaces per dwelling unit, for a minimum total of 118 spaces. The Director of Planning and Development may require installation of additional parking spaces in the future if necessary to rectify inadequate availability of parking within the complex for staff, residents and visitors. -2- Resolution No. 2701 (Continued) 36-U-85 To the extent that they do not conflict with the provisions of this Resolution No. 2701, all conditions enumerated in Planning Commission Resolution 1627, and Architectural and Site Approval Committee Resolution 694 shall rennin in full force and effect. Prior to issuance of construction permits for the addition of floor space approved under this use permit, the applicant shall submit the following material for informal review by the Architectural and Site Approval Committee: - Site and landscape drawing depicting the effects of ocimpliance with flood control conditions upon existing structures and plantings. - Diagram illustrating removal and replacement of existing trees, and detailed specifications for preservation of existing trees which may be affected by construction activity. - Dimension diagram for the proposed new parking stalls adjacent to the west side of new Building 6 illustrating conpliance with City Standard dimensions. A) FO(ISTING FACILITY: The applicant shall work with the Public works Department staff to determine suitable means to rectify the current flooding problems at the Sunnyview Lutheran Facility including, but not limited to berming, installation of new storm lines or pumping facilities. If the existing site cannot be reasonably protected from flooding, the applicant shall record a deed restriction and covenant running • with the land, subject to approval by the city Attorney, which notifies future purchasers of the property about the flooding problem. B) PROPOSED FACILIV: The applicant shall modify the proposed plan set as necessary to ensure that added structural couponents are not subject to flooding to a level satisfactory to the Director of Public Works. Solutions may include raising the first floor elevation, berming or installation of inproved drainage facilities. A professional engineering analysis shall be generated for Staff's review for acceptance of the flooding mitigation points prior to issuance of building permits. -3- Resolution No. 2701 (Continued) 36-U-85 22. MODIFICATION OF THE APPROVED DEVSLOPNEW PIAN 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 may 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 Osmnission, 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. • 23. PARCEL OONSOUDATION Zhe applicant shall solve the problems created by individual parcels by any one or more of the following means: a) Record a parcel map which consolidates the parcels into one map. b) Prepare reciprocal easements covering utilities, access, parking, etc., to be placed in escrow and recorded with any transfer of ownership. c) Record a covenant preventing transfer of ownership of any of the individual parcels. d) Other measures which are acceptable to the City Attorney. • 'ihe applicant shall resolve the issue of individual parcels to the staff's satisfaction prior to release of building permits. PASSED AND ADOPTED this 14th day of October, 1985, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll -call vote: AYES: CCMMISSICNERS: Mackenzie, Sorensen, Adams, Szabo, and Chairman Claudy NAYS: CCI24MICNERS: None ABSIMIN: 03OUSSICNERS: None ABSE2Jr: C30USSIONERS: None Robert Cowan Robert Cowan Planning Director John Claudy John Claudy, Chairman Planning Commission