Reso 2619 r. .
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9-U-85
*RESOLUTION NO. 2619
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ADD APPROXI-
MATELY 800 SQ. FT. TO AN EXISTING 3,900 SQ. FT.
MEDICAL/DENTAL BUILDING.
APPLICANT: Milton J. Pagonis
ADDRESS: 10383 Torre Avenue, Cupertino, California 95014
SUBMITTED: February 25, 1985
LOCATION: Approximately 200 ft. west of Torre Avenue and 225
ft. north of Pacifica Drive.
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
That the recommendation of approval is based on the letter
from Renie Plimpton dated February 26, 1985 and Exhibits
A, B, and Information of Application 9-U-85 except as may
be amended by special conditions enumerated herein.
17. APPROVED EXPANSION
The approval is granted for an addition of approximately
800 sq. ft. of dental space to an existing medical/dental
office building. The Floor Area Ratio, after the
addition, shall not exceed .25.
18. PARKING
The applicant shall maximize the number of parking spaces
available on the site, subject to staff approval . A
minimum of 14 new spaces shall be provided. A maximum of
33% of the spaces may be for compact cars. Compact stalls
shall not be concentrated in one area, but shall be
distributed throughout the site.
410
CITY OF CUIP1ERTINO
City Hall, 10300 ,ITIIorre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
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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 statedlIon 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 whichitbe proposed use is to be located.
b. That the property involved is adequate in size and shape to
accommodate the proposed use.
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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 otherwlise 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, subji' ct to the conditions stated
on Page 2; and
BE IT FURTHER RESOLVED:
That the aforementioned findings be appr ved and adopted, and that the
Secretary be, and is hereby directed to notify the parties affected by
this decision.
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- _ 9-U-85
Planning Commission Resolution No. 2619 (continued)
® 19. MODIFICATION OF 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. .
• 20.. COVENANT LIMITING USES
The applicant shall record a covenant limiting uses within
the five building complex to dental , office or other uses
which are of a less restrictive nature (based upon
required parking) to be determined by the Director of
Planning and Development. •
PASSED AND ADOPTED this Ath 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 /s/ John Claudy
Robert Cowan John Claudy, Chairman
likgssistant Planning Director Planning -Commission