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U-1990-26bCit'4 of Cuperti»o 10100 Torre Avenue Cupertino. Cahforma 95014 telephone: (408) :52•4505 DEPARTMENT Of THE CITY CLERK August 30, 1991 Nelson Chao 10022 Peninsula Boulevard Cupertino, California 95014 P.O, Box Sao Cupertino. California 95015 CITY COUNCIL ACTION - APPLICATICN 26-U-90 AND 46-EA-90 - USE PERb= TO OPERATE A FIMNCIAL SERVICES OFFICE IN AN EXISTING 2,800 SQ. FT. BUILDING; THE: PROPERTY IS LOCATED ON THE NORTH SIDE OF PENINSULA AVENUE NOR11MMY OF AND ADJUMU TO STEVENS CREEK BOULEVARD At their regular meeting of August 20, 1991, the Cupertino City Council upheld that action of the Planning Commission and denied your appeal per Resolution No. 4366. A public hearing has been set to consider abandonment proceedings. If you have any questions regarding this action, please contact the Department of Cbamtmity Development staff meEbers for clarification. cc: Department of C=Tt unity Development Department of Public Works Dr. Joseph Brown Robert Slavich 10026 Peninsula Blvd. 21426 Amulet Drive Cupertino, CA 95014 Cupertino, CA 95014 1-M-89 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 1:0. 4140 (MIMIrE ORDER) RESOLUTION OF THE PLANNI2G OCM SSION OF THE CITY OF CUPERrDM nnTRPRETING A PRO (1SED MAIM OF USE ACTIVITY AS AN OFFICE USE RATHER THAN All MCTFNSION OF RITE F0 MM RECORD STORAGE/MWZE!MNT USE AT 10022 PENINSULA AVENUE SECTION I: FINDINGS She Planning comaission finds that the proposed use activity described in the applicant's letter of January 31, 1989, and the proposed partitioning of the building interior into enclosures suitable for private offices constitute reasonably likelihood that the building is being prepared for on -site client service activity, and increased employment density. Accordingly, the applicant should obtain conditional use permit approval for the project and demonstrate adequate availability of cn-site parking. prior to commencement of business activity. The Community Development Director may approve building permits as necessary to ccuplete interior improvements related to health and safety only. The building may be used for record storage/retrieval for a maxim m of 180 days from the date of approvral for this resolution. A raxin= of two employees may be present on site at army time. This authorization does not establish a precedent to allow contirnmrmce of record storage use at this site beyond the aforementioned 180 day period. PASSED AND ADOPTED this 27th day of February, 1989, at a regular meeting of the Planning Ocmnission of the City of Cupertino, State of California, by the following roll call vote: AYES: OCM1ISSIONERS: Claudy, Mackenzie, Sorensen, Szabo and NOES: 0Dr*=I0NERS: None ABSTAIN: ' SSIONERS: None ABSENT: COMKrSSI0NERS: None ATTEST: APPROVED: I ! Robert Cowan /s! Victor Adams Robert Cowan Victor Adams, Chairman Director of Ccammaudty Develop ent Planning Commission resos\rsrnalm89 (1) 26-U-90 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4362 (MINUTE ORDER) OF THE PLANNING CUOUSSION OF THE CITY OF CUPEiRTINO PJD02I1MENDING 'IIW StE CITY COUNCIL, INITIATE ABANDONMENT HEARINGS FOR THE SURPLUS PENINSULA BOULEVARD RIIGHI-OF-WAY a 1 w . Public testimony at the July 22, 1991 meeting of the Planning Commission revealed that it is in the best interest of the City to abandon the surplus Peninsula Avenue riot -of -way. Zhe right-of-way is not used or needed as a City street. PASSED AND ADOPTED this 22nd day of July, 1991 at a Regular Meeting of the Planning Caumission of the City of Cupertino, State of California by the following roll call vote: AYES: C mssiONE s: Austin, NOES: C301ISSIONERS: None ABSTAIN: CaOUSSIO NFRS: None ABSENT: COMMISSIONERS: None ATTEST: /s/ Robert Cowan Robert Cagan Director of Community Development pCresos/26u90mo Fazekas, Mahoney, Mann, Chairman Mackenize /s/ Donald Mackenzie Donald Mackenzie, chairman Cupertino Planning Commission 26-U-90 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4366 OF THE PLANNING CCMMISSICN OF THE CITY OF CUPER=O RECO M ]EIMIING DENIAL OF A USE PERMIT TO OPERATE A FINANCIAL SERVICES OFFICE WITHIN AN MaSTING 2,800 S.F. BUILDING SECTION I• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in this Resolution; and WHEREAS, the applicant has failed to meet the burden of proof required to support said application.; and WHEREAS, the Planning Commission fircis that: a) The parking is not adequate to serve the potential use of the building. b) Peninsula Avenue is an important traffic link; therefore, it should not be used as credit for meeting parking requirements. c) Potential parking is possible in the rear of the property. d) The floor area ratio is too large for the site. NOW, THEREFORE, HE 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 denial; 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 26-U-90 as set forth in the Minutes of the Planning Commission Meeting of August 12, 1991, and are incorporated by reference as though fully set forth herein. SECTION II• PROTECT DESCI2IPT�ON Application No(s) 26-U-90 Applicant: Nelson Chao Property Owner: Nelson Chao Location: North side of Peninsula Ave. northerly of and adjacent to Stevens Creek Blvd. Resolution No. 4366 08/19/91 'Page -2- PASSED AND ADOPTED this 12th day of August 1991, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: CCW-1IS.SICNERS: Fazekas, Mahoney, Mann, chairman Mackenzie NOES: COMMISSIONERS: Austin ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None /s/ Robert Conran Robert Conran Director of Cmn unity Development Pcresos%26u90den /s/ Don Mackenzie Don Mackenzie, Chairman Cupertino Planning Commission