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Reso 2618 l 7-U-85 RESOLUTION NO. 2618 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ADD 0 APPROXIMATELY 3,400 SO. FT. TO AN EXISTING 3,800 SO. FT. OFFICE BUILDING. APPLICANT: Raymond M. Rooker , AIA/ASID (Lonnie Frangadakis) ADDRESS: 20432 Silverado Avenue, Cupertino, California 95014 SUBMITTED: February 1 , 1985 • LOCATION: North side of Pacifica Drive approximately 300 ft. east of De Anza 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 April 8, 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 S) That the recommendation of approval is based on Exhibits A 1st Revision and B 1st Revision of Application 7-U-85 except as may be amended by special conditions enumerated herein. 17. USE LIMITATIONS Permitted uses may include all uses allowed without the securing of a Use Permit in the City of Cupertino OP (Planned Office) zoning district. All other uses requiring use permit review in the OP zone shall require use permit review in the subject Planned Development zone. In addition, medical and dental offices are not permitted. A dental lab which does not include visits by patients as one of its activities shall be permitted without the securing of a use permit. 18. PARKING • Parking shall be provided at a ratio of one space for, every 285 sq. f t. of gross floor area. 19. BUILDING COLOR AND MATERIAL 411 Building materials and colors shall be consistent with the existing structure, subject to Planning Department approval . 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 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 I 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 thle 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. ®k I ' 7-U-85 Planning Commission Resolution No. 2618 (Continued) 20. 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 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. 2i. CONSTRUCTION OF BARRIER • A physical barrier shall be constructed on the easterly boundary line to, discourage pedestrian access between parking lot for the adjoining property to the east and the subject site._ The barrier shall be approved by staff. PASSED AND ADOPTED this 8th day of April , 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, Sorensen, Szabo, and Chairman Claudy NAYS: None ABSTAIN: None ABSENT: Commissioner Mackenzie ATTEST: APPROVED: /s/ Robert Cowan 1sLLTshaSUaudy_ Robert Cowan John Claudy, Chairman Assistant Planning Director Planning Commission 2