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Reso 2652I0-U-B5 RESOLUTION NO. 2652 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTIN❑ RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 0 A 7,700 SQ. FT. MULTI-USE BUILDING, CONSISTING OF OFFICE, COMMERCIAL, AND RESIDENTIAL USES. APPLICANT: Camargo & Associates, Inc. ADDRESS: 20 South Santa Cruz Avenue, Suite '304 SUBMITTED: May 1, 1985 LOCATION: Southwest corner of Stevens Creek Boulevard and Pasadena Avenue FINDINGS AND SUBCONCLUSIONS: . Approval is subject to the findings as set forth on Page 1 and subconclusions as set forth. in•.. the Minutes of the Planning Commission meeting of June 10, 1985. CONDITIONS: • 1-15. STANDARD CONDITIONS • Standard conditions to the extent that they do not conflict with special conditions enumerated herein. In ' the event that a conflict does exist, the spe cial al conditions as enumerated herein shall apply. • 16. APPROVED EXHIBITS 110 That the recommendation of approval is based on Exhibits A, A-1, A-2, B, B-1, B-2, C 1st Revision and Informational of Application 20-U-85 except as may be amended by special conditions enumerated herein. 17. MATERIALS AND COLORS Materials and colors shall be as presented to the Architectural and Site Approval Committee and Planning Commission on the• materials board including a green ' background building color, sand colored first floor building wall , red trellis and trim. 18. APPROVED USE Approval i s granted to construct a maximum of 6,5Gfa sq. f t. ❑f office/commercial space (which may include a small restaurant) and two residential apartment units not to exceed 1,300 sq. .ft. in area (total of 7,800) . The precise mix of office commercial may vary slightly from that presented in the approved exhibits subject to a finding by staff that sufficient on-site parking exists to accommodate the office and residential component and the floor area ratio does not exceed limits of the General Plan. 3 1 11 • • 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 Cityof Cupertino p tino 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 reOding or working in the neighborhood of such proposed use not injurious to property and improvements in the neighbor- ho04. 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 aforemen tioned findings be approved 'and adopted, and that the , Secretary be, and is hereby directed to notify the parties affected by this decision. • • • Planning Commission Resolution No. 2652 (Continued) 20-U-85 The applicant shall have the ability to substitute office uses within the commercial area subject to ® provision of sufficient on-site parking to accommodate the office uses. Said change shall require informal review of the modified parking lot by the Architectural. and Site Approval Committee prior to implementation or • issuance of occupancy permits. it is recognized that the apartment units will have one space designated per unit. and will share parking with the remainder - of the development for guests or secondary vehicles. 19. MONTA VISTA MAINTENANCE DISTRICT Applicant shall agree to join a Monta Vista Commercial • Area Assessment District to pay for maintenance and operation of public improvements including but not limited to, street lights, public landscaped areas, street furniture, public parking areas, etc. 20. CONSOLIDATE PARCELS The applicant shall merge all existing parcels into a single lot. 21. RECIPROCAL INGRESS/EGRESS EASEMENT The applicant shall enter into reciprocal ingress/egress ® easements with the adjoining property to the west and south which shall be for the benefit of all properties within the block bordered by Stevens Creek Boulevard, Pasadena Avenue, Granada Avenue, and Orange Avenue. 22. MONTA VISTA DESIGN GUIDELINES The applicant shall work with staff at the building • • permit level to precisely locate tree grates, street lights and street tree types to be consistent with the . Monta Vista Design, Guidelines. The five Evergreen Pear trees located adjacent to the parking spaces on Pasadena Avenue shall be eliminated. The .applicant shall have the option of incorporating landscaping in the form of raised planters or planter beds adjacent to the building . subject to the approval of staff at the building permit level . 410 • ti Planning Commission Resolution Nca. 2652 (Continued) 20-U-85 ® 23. BUILDING PAD The building pad for the first floor level of the building ildin shall be lowered as much as possible in an pad to have the at the same elevation as the adjacent public sidewalk. Said final pad elevation shall be subject to approval of the Department of Public Works. 24. 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 withheld, 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. 25. REIMBURSEMENT AGREEMENT The applicant shall enter into an agreement with the property owner located to the south providing for reimbursement of costs relating to the construction of the existing. joint driveway adjacent to the southerly property line. It is understood that the majority of driveway has been constructed by the southerly property owner and that a reasonable reimbursement of those costs is appropriate. If this cannot be settled by property owners, final determination on this matter shall be made by the City Council . 3 • • Planning Commission Resolution No. 2652 (continued) 20-U-85 • ® PASSED AND ADOPTED this 10th day of June, 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, Mackenzie, Sorensen, • Vice Chairman Szabo NAYS: None • ABSTAIN: None ABSENT: Chairman Claudy ATTEST: APPROVED: Ls1James . Sisk /s/Nicholas Szabo James H. Sisk Nicholas Szabo, Vice Chairman Planning Director Planning Commission • 110 •