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Reso 2709 RESOLUTION NO. 2709 OF THE PLANNING COMMISSION OF THE CITY OF CUPERT I NO RECOMMENDING APPROVAL OF MDOF I CA1 T I ON OF A PREVIOUSLY APPROVED USE PERMIT TO ALLOW ELIMINATION OF THE PARKING STRUCTURE 410 APPLICANT: DeAnza Properties ADDRESS: 1307 Mary Avenue Sunnyvale, CA. 94087 SUBMITTED: September 24, 1985 LOCATION: Northwest corner of De Anza Blvd. and Rte. 280 FINDINGS AND SUBCONCLUSIONS: 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 16, 1985. CONDITIONS: 1. PREVIOUS CONDITIONS: All of the conditions previously approved in conjunction with Planning Commission Resolution No.2636 and Architectural and Site Approval Committee Resolution No. 1163 shall remain in full force and effect except as amended by special conditions contained herein. 2. APPROVED EXHIBITS Approval is granted based on Exhibit A-4 of Application® 15-U-85 Revised as may be amended by additional conditions contained herein. 3. FOOD AND BEVERAGE SERVICE A cocktail lounge/restaurant facility is not approved. The applicant may have food and beverage service limited to residents and employees of the motel . - ,, - • 111 CITY OF CUPERTINO 4111 City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMEND- ING APPROVAL OF A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a USE PERMIT, as stated on Page 2; 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 and is 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 r p oposed use will not generate a level of traffic over and beyond 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 use nor injurious to property and improvements in the neighbor- hood. is NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application of the USE PERMIT is hereby recommended for approval, subject to the conditions stated on Page 2; and BE IT FURTHER RESOLVED: That the aforementioned findings be approved and adopted, and that the Secretary be, and is hereby directed to notify the parties affected by this decision. RESOLUTION 2709 ( 15-U-85) 10-16-85 • 4. PARKING 111 Modified parking ratio is approved to provide for 128 .parking spaces for the 126 units at a ratio of approximately 1.0 space per unit as shown on Exhibit A-4. The Planning Commission reserves the right to review this use permit should parking spill over onto adjacent properties, or otherwise exceed the on-site capacity. The Commission may then restrict operations or require parking programs to mitigate the problem. Said programs may include but are not limited to provision of valet service, increased van/carpooling . services, provision of off-site parking or other means as deemed necessary by the Planning Commission. Prior to release of building permits, the applicant shall sign a statement agreeing to implement whatever parking measures are necessary to mitigate any potential parking problems identified in conjunction with said future hearings. PASSED AND ADOPTED this 16th 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: Commissioners: Adams, Szabo, Mackenzie, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: Commissioner: Sorensen 41/ ATTEST: APPROVED: /s/ Robert Cowan /s/ John Claudy Robert Cowan John Claudy, Chairman Planning Director Planning Commission RS015U85 • _ - 3 - 411