Reso 2613 •
• 6-U-85
RESOLUTION NO. 2613
• OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
0 RECOMMENDING APPROVAL TO CONSTRUCT A SINGLE-STORY, •
4, 930 SG!. FT. EXPANSION TO THE EXISTING 1,210 SQ. FT.
PHOTO DRIVE-UP FACILITY.
APPLICANT: Gregg C. Bunker (Photo Drive-Up)
ADDRESS: 1357 Kooser Road, San Jose, California 95118
SUBMITTED: February 1, 1985
LOCATION: Northwest corner of South Saratoga/Sunnyvale Road
and Wildflower Way
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 March 11, 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 EXHIBITS
That the recommendation of approval is based on Exhibits
A, B 1st Revision, C, C-1 and Informational of
Application 6-U-85 except as may be amended by special
conditions enumerated herein. The drive-up window and
driveway providing access thereto shall be eliminated
with said driveway area being converted to landscaping
17. MODIFICATION OF THE APPROVED DEVELOPMENT PLAN
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 witheld, 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 Commission, the
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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.
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.
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Planning Commission Resolution No. 2613 (continued) 6-U-85
•
applicant may appeal to the City Council as provided in
Ordinance. 652 of the City of Cupertino. If the change
is approved, an appeal my 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..
18. INGRESS/EGRESS EASEMENTS
The applicant enter into a reciprocal access easements
• with the adjoining property owner (s) .
•
19. PARTICIPATION IN MEDIAN COSTS
The applicant shall participate in the cost of a median
for Saratoga-Sunnyvale Road based on the applicant's
proportionate share of the cost. The proportionate
share will be determined by the City based upon benefit
formulas used to calculate assessment districts.
20. CONSOLIDATE PARCELS •
•
The applicant shall merge all existing parcels into a
single lot. Also, the applicant shall demonstrate to
the satisfaction of staff that the existing parcels are
legal lots of record legally created under the laws of
the affected local jurisdiction and the State of •
California at the time of subdivision.
21 . PROHIBITION OF NOISEMAk=ING DEVICES
No public address ❑r paging system, powered megaphone or
similar noisemaking device will be permitted outdoors at
any time.
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22. APPROVED CONSTRUCTION
Since the approval is granted to construct a 4, 930 sq.
ft. expansion to an existing 1, 210 sq. ft. building for
a total building area of 6, 140 sq. ft. of retail
commercial space.
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Planning Commission Resolution Noo 2613 (Continued) 6-U-95
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41' PASSED AND ADOPTED this 11th day of March, 1995, 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,
Chairperson Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
• /s/ James 'H. Sisk /s/ John Claudy
James H. Sisk John Claudy, Chairperson
Planning Director Planning Commission
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