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Reso 2576 I 17-U-84 RESOLUTION NO. 2576 410 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 5,280 SO. FT. , TWO-STORY OFFICE BUILDING. APPLICANT: Norman Hulberg/Kenneth Gilbeau ADDRESS: 1520 Parkmoor Avenue, San Jose, California 95128 SUBMITTED: August 31, 1984 LOCATION: Southeast corner of Stevens Creek Boulevard and Orange Avenue in the Monta Vista Commercial Area 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 22, 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 1st Revision, B 1st Revision, B-1 1st Revision and C 1st Revision of Application 17-U-84 except as may be amended by special conditions enumerated herein. 17. PERMITTED USE Approval is granted to construct a 5,280 sq. ft. office building. The building size may be increased slightly in accordance with General Plan Floor Area Ratio Policy to reflect the abandoned bus turn-out right-of-way if said abandonment is approved by the City Council . 18. SIDEWALK ADJUSTMENT The applicant shall adjust the sidewalk to align with the street curbing with walkway areas to gain access to the building. The walkways and the modified landscaping shall be reviewed by the staff for consistency with the applicant' s landscape plan and the Monta Vista Design Guidelines at the building permit level . Additionally, the applicant shall incorporate the Coast Live Oak tree All in the parking area as provided for in the Monta Vista Design Guidelines. 1 CITY OF CUPERTINO City Hall, 10300 Torre Avenue Cupertino , California 95014410 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. 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 0 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 rand 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: RESOLUTION NO. 2576 (CONTINUED) 17-U-84 110 19. TREE PROTECTION The applicant shall provide a plan for preservation of the existing specimen trees on the subject property. Said plan shall include graphic depiction of protection devices to be installed along the dripline perimeter of each tree for the duration of construction activities. The plan shall include an evaluation from a Landscape Architect outlining the effect of construction activity upon the trees and detailing measures to ensure their survival in accordance with Ordinance 778. 20. 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 east and south 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 several parking spaces. 21. MASONRY HARRIER The applicant shall not be required to install a masonry barrier or acoustical wall between the subject property and the adjoining residence to south but shall fence the southerly property line with a solid board fencing material . 22. BUS TURN-OUT/SIDEWALK LOCATION The existing bus turn-out right of way may be abandoned. If the bus turn-out is abandoned, the building shall be shifted to be in close proximity to the street right of way line. The revised site plan is subject to staff review and approval . 23. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner 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 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, the Director may certify t RESOLUTION NO. 2576 (CONTINUED) 17-U-84 the change on the revised plan. If such approval is withheld, the applicant may appeal to the Plan ning 9 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. 24. LIGHTING Parking lighting lot li htin shall be consistent with the standards contained on Page 24, Section 12b of the Monta Vista Design Guidelines and street lighting consistent with requirements of Section 12a of the Monta Vista Design Guidelines. PASSED AND ADOPTED this 22nd day of October, 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, Mackenzie, Sorensen, Szabo, Chairman Claudy NAYS: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/ Robert Cowan /s/ John Claudy Robert Cowan " John Claudy, Chairman Assistant Planning. Director Planning Commission H.- -