Reso 3040 APPLICATION 4 U-86 (REVISED)
CITY OF CUPERTINO
410 10430 S. DE ANZA BOULEVARD
Cupertino, California 95014
RESOLUTION NO. 3040
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO AMEND CONDITION 24 OF
USE PERMIT 4-U-86 TO DELETE REFERENCE
TO 50,000 SQ. FT. OF COMMERCIAL USES WITHIN
THE PLANNED DEVELOPMENT COMPLEX
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an
application for a Use Permit Revision, as described on Page 2 of this
Resolution; 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 of the
• City of Cupertino, and are 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
above 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 uses, nor injurious to
property and improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended for approval, subject to the conditions which are
enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 4 U-86 (Revised) as set forth in the Minutes of the
• Planning Commission Meeting of June 8, 1987, and are incorporated by
reference as though fully set forth herein.
RESOLUTION NO. 3040 (4-U-86 (REVISED) 6/8/87
PAGE - 2 -
SECTION II: DESCRIPTION OF PROPOSAL
Application No(s) 4 U-86(Revised) and 23-EA-87
Applicant: Prometheus Development Company
Property Owner: Cupertino City Center Associates "D"
Location: South side of Stevens Creek Boulevard,
westerly of Torre Avenue
Parcel Area
(Acres) : N/A
SECTION II: CONDITIONS A MINISTERED BY THE PLANNING DEPARTMENT
1. PREVIOUS CONDITIONS
All previous conditions approved in conjunction with Use Permit
Application 4-U-86 (City Council Action Letter dated May 5, 1986)
shall remain in full force and effect except as may be amended by
additional conditions contained herein.
2. CONSTRUCTION STAGING AREAS AND LANDSCAPE IMPROVEMENTS
The applicant shall prepare a landscape plan and install perimeter
landscaping for all of the public street frontages prior to release of
410 building permits. The plan shall incorporate as much of the permanent
landscape improvements as is practical and at least 50% of the corner
park area. The plan shall be approved by the City Council. The plan
shall incorporate landscape materials to screen visibility of the
construction areas and remaining undeveloped areas.
3. PARK INSTALLATION
The development agreements shall obligate the developer to install all
of the corner park and adjacent roadway improvements within one year
of initial occupancy of the office buildings if construction has not
begun on the hotel building.
4. PERMIaTED USES
Conditions 24 of Application 4-U-86 is amended to change the
requirement to allow up to 50,000 sq. ft. of commercial uses.
However, the lower floor of the buildings shall be designed to
accommodate commercial occupancies and the applicant shall have the
option to use said space for commercial uses. Commercial uses may
include all uses permitted without securing a use permit in the City's
CG zoning district.
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RESOLUTION NO. 3040 (4 U-86 (REVISED) 6/8/87
PAGE - 3 -
1W
PASSED AND ADO1,111) this 8th day of June, 1987 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 Mackenzie
NOES: COMMISSIONERS: Claudy
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
4,7t (04AJW,A
Robert Cowan Do Ma 1 , 'Oman
Director of Planning Cupertino Planning Cclyission
RE4U86REVISED(BOB)
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