Reso 2588 "> I
25-U-84
RESOLUTION NO. 2588
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 3, 100 SQ. FT. , TWO-STORY OFFICE BUILDING.
APPLICANT: Debcor Corporation (Richard Childress)
ADDRESS: 1173-B South Saratoga-Sunnyvale Road
San Jose, California 95129
SUBMITTED: October 31 , 1984
LOCATION: Northwest quadrant of the intersection of Peninsula
Avenue and Stevens Creek Boulevard
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 December 12, 1984.
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 EXHIBITS
That the recommendation of approval is based on Exhibits
A and B of Application 25-U-84 except as may be amended
by special conditions enumerated herein.
17. . PERMITTED USES
Approval is granted to construct a 3, 100 sq. ft.
building of which a maximum of 1,400 sq. ft. may be used
for commercial activities. The commercial uses shall
conform with requirements contained in the General
Commercial Zoning Ordinance.
18. RECIPROCAL INGRESS/EGRESS EASEMENTS
The applicant shall record a covenant obligating
existing and future property owners to provide
reciprocal ingress/egress easements with the adjoining
properties to the north at such time in the future as
the City can require the same of the adjoining property
owners. It is recognized that said easement may require
the elimination of parking spaces.
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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 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.
110 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.
S
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Planning Commission Resolution No. 2598 (Continued) 25-U-84 .
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19. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property
owner shall desire to make any minor changes, alteration
or amendment in the approved development plan or
building permit, a written request or revised
development plan or buidling 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, 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 the change 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 City Ordinance No. 652. 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. •
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PASSED AND ADOPTED this 12th day of December, 1984, at a regular
adjourned meeting of the Planning Commission' of the City of
Cupertino, State of California, by the following roll• call vote: •
AYES: Commissioners Adams; Mackenzie, Sorensen and
Vice-Chairman Szabo
NAYS: None •
ABSTAIN: None
ASSENT: Chairman Claudy
ATTEST' APPROVED:
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/s/ Jamey H: Sisk • /s/ Nick Szabo •
dames H. Sisk Nick Szabo, Vice-Chairman
Planning. Director Planning Commission
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