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Reso 2516�-�-U-79 f Re :•i sed L IJ RESOLUTION NO. 2516 OF THE PLANNING COMMISSION OF THE CITY OF CUPER T I NO RECOMMENDING REVISION OF USE PERMIT TO ALLOW AN ADDITION OF 420 SOUAt=.E FEET TO THE EXISTING STRUCTURE. APPLICANTGrego C. Bunker ADDRESS: 1357 Kooser Road, San Jose, California 95118 SUBMITTED: April 6, 1984 LOCATION: northwest corner of the intersection of Wildflower !clay and South Saratoga -Sunnyvale Road ----------------------------------------------------------------- FINDINGS AND SUDCONCLUS I ONS : :approval is subject subconc1 usi ons as Commission meeting CONDITIONS: to the findings as set forth on Page 1 and set forth in the minutes of the Planning of May 14. 1984. 1-14. Standard Conditions to the extent that they do not conflict with the special conditions contained herein. In the event a conflict does exist, the special conditions as enumerated herein shall apply. 15. The approval is based upon Exhibits A 1st Revision and D of Application 33-U-79 (Revised) except as may be amended by additional conditions contained herein. 16. Prior issuance of a building permit for the proposed expansion, the applicant shall take the following actions: a) Loring all signs on the project site into conformance with the adopted Sign Program. b) Obtain Planning staff approval and construct as a part of the project an enclosure for trash containers. c) Submit the appropriate plans and improvement agreements to the Public Works Department assuring installation of public improvements along the South Saratoga/Sunnyvale Road frontage of the entire property under the ownership of Yamagami identified as Assessors Parcels No. 166-19-32, 47 and .70. Said installation of improvements shall be consistent with the South Saratoga/Sunnyvale Road Conceptual Plan. If evidence can be submitted verifying that the above parcels were legally created then this requirement shall apply only to the parcel that the Photo Drive -Up is located on. If evidence can be submitted verifying that the above parcels were legally created then additional public improvements will not be necessary inasmuch as the Planning Commission has found that the improvements along the frontage of the Photo Drive -Up site is consistent with the South Saratoga -Sunnyvale Road Conceptual Plan. -1- CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING 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. 11 b. That the property involved is adequate in size'and shape to accommodate the proposed use. • C. That the proposed 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. 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. Planning Commission Resolution No. 2516 (continued) 33-U-79 d: File the appropriate agreements with the Public Ap Works Department assuring participation in the cos- of constructing a median within the South Saratoga -Sunnyvale Road right-of-way. Said participation shall be based upon a proportionate share as determined by the Public_ Works Director. 411 17. As a part of the landscape plan, the applicant shall install vertical growing shrugs at all building corners. PASSED AND ADOPTED this 14th day of May, 1984, 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, C1audy, Szabo, Vice Chairman Koenitzer NAYS: None ABSTAIN: None ABSENT: Chairperson Blaine ATTEST: fames H. Sisk Planning Director APPROVED: R. D. Koenitzer, Vice Chairman Planning Commission -2-