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U-1983-21bCitti of Cuperti"o 10300 Torre Avenue Cupertino, California 95014 Telephone: (400) 252-4505 OFFICE OF THE CITY CLERK August 16, 1983 Joseph Brown P. 0. Box C Cupertino, CA 95014 CITY COUNCIL ACTION P. a Box Sao Cupertino, California 95015 This will confirm the action by the City Council at their meeting of August 1, 1983 at which your Application 21-U-83 per Planning Commission Resolution No. 2423 with Condition No. 19 to go into effect in 150 days if staff is not satisfied with progress. Sinceregl�y, DOROTHY CORNELIUS CITY CLERK rw encl. cc; Department of Planning and Development August Carrazza P. 0. Box 1500 Cupertino, CA 99015 Raymond Rooker AIA 20432 Silverado Avenue Cupertino, CA 9501.4 Cupertino Sanitary District 20065 Stevens Creck Boulevard Cupertino, CA 95014 21-U-83 PASSED AND ADOPTED this 28th day of July, 1983, at a regular meering of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: James H. Sisk Planning Director APPROVED: Victor J. Adams, Chairman Planning Commission -3- • 21-U-83 �tF t:L11 ! IT I ON NO. ?423 OF THE. PLA;!NING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ADD 2,200 SO. FT. TO AN EXISTING 1,200 SO. FT. COMMERCIAL BUILDING AND OPERATE A SMALL ANIMAL HOSPITAL/VETERINARY CLINIC AND TO CONSTRUCT A SINGLE RESIDENTIAL DWELLING UNIT. APPLICANT: Joseph Brown ADDRESS: P.O. Box C. Cupertino, California 95015 SUBMITTED: June 20, 1983 LOCATION: Northeast side of Peninsula Boulevard approximately 250 ft. west of Freeway 85, 280 ft. east of the Southern Pacific Right of Way in the Manta Vista Area. 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 July 289 1983. CONDITIONS: 1-14. 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. 15. The approval is based upon Exhibit A 1st Revision and B . 1st Revision of Application 21-U-83 as may be amended by additional conditions contained herein. 16. The applicant shall record a covenant agreeing to provide reciprocal ingress/egress easements with the adjoining properties to the west and east at such time in the future as the City can require the same of the adjoining property owners. 17. Approval is granted to construct a 2.200 sq. ft. addition to an existinn 1,200 sq. ft. commercial structure. The permitted use is an animal hospital/veterinary clinic and a single residential apartment unit. The 650 sq. ft. residential dwelling unit shall not be converted to non-residential space. Boarding of animals not under medical care is prohibited. 18. The applicant is required to retain an acoustical engineer to evaluate noise impacts from animals kept within the existing and proposed structure. The applicant shall incorporate any and all measures to ensure that no noise from animals kept or treated at said facility is audible at the common property line between this property and the residential areas. The evaluation shall include an 21-U-83 Planning Commission Resolution No. (continued) assessment of externally installed mechanical equipment to ensure tht said equipment complies with the Noise Ordinance. 19. The applicant shall post a letter of credit, bond or other surety to guarantee installation of all site, architectural and public improvements. The amount shall equal estimated cost of said improvements and shall be posted prior to occupancy of the existing building. The occupancy and use of the existing and future building space shall be regulated by the following improvement schedule: Imerov_ement_Schedule Occupancy Reguired_ ImQrov_ement Stage_1: Occupancy of 1. Complete parking lot, existing 1,200 perimeter landscaping sq. ft. building and sound barrier by space. October 1, 1983. Stage_;: Occupancy of 2. Complete all remaining 2,200 sq. ft. an site improvements addition. described on the approved exhibits by July 28, 1984. 20. The applicant shall merge individual parcels into one parcel. 21. The applicant/owner shall execute a written agreement which will obligate the applicant and existing and subsequent owners to participate in future parking and circulation improvements for the surplus Peninsula Boulevard right of way which fronts the project site. The improvements may be deferred until Peninsula Boulevard is abandoned and agreements among all affected property owners are completed and executed. The agreements shall approve a design and implementation plan for the entire surplus right of way. The degree of improvements and pro rated costs shall be approved by the City Council in conjunction with a subsequent abandonment hearing. • 21-U-83 Planning Commission Resolution No. (continued) PASSED AND ADOPTED this 2Sth day of July, 1983, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Blaine, Koenitzer, Chairman Adams NAYS: None ABSTAIN: None ABSENT: Commissioner Claudy ATTEST: /s/ Robert S,_:Gowan Robert S. Cowan Assistant Planning Director APPROVED; /s/ Victor J. Adams Victor J. Adams, Chairman Planning Commission 32-U-71 R::`1)I l'l flit: `�;). 97n Or 1!1i ^i.,::::I`.C: Ul t`IIS;ION 0!' THE CITY OF CUP ERTINO '[11F. APi•RUVAL UY A USE PEMIT Lo allow a u:ir..si veterinary clinic in the All American Shopping Center. :.oFLI(AYT: Dr. Wilfred E. Gngne ADDRE". 12312 Mabel Coart, Saratoga, California SC'XITTU: September 17, 1971 LOC.ITIO%: Northwest corner of Bollinger Road and Blaney Avenue ZONE: CG M!aeral Coi=icrcial) z ------------------------------------------------------------------------------- .GNDITIONS: 1-14 Standard Conditions L5 Plans shall be sub;aiL_cd to tha Ar._hitecoiral and Site L,ppro^al Cur7dLtee , ro idicE for 1.6.: eeundp:oofing of the structure in a naancr ....:r. ::ill Mil^ina.Ce t'le rn;ission of sounds Lo the. teriot .:)F the Sui :ing, Lcld ^oucc:p:co_in. shali be certified by an acoustic l : irc.e•i as .o its aPprnpriateness. t ;5 An ermit .,L:'11 nit be ?_ss.-ed fcr the DropJSJ.I r;111 I::..n% ma:Jnr.: .. li i un the vest and e—vt. or-perty ling o: ti!•: 111 v:•, rc airad co t:iv ';Ictir,n uc t'•. 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