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Reso 6114 10-U-Ol CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6114 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT AN APPROXIMATELY 2,100 SQUARE FOOT CONFERENCE BUILDING AND COVERED WALKWAY AT 10110 NORTH DE ANZA BLVD. SECTION I: PROJECT DESCRIPTION Application No: 10-U-01 Applicant: E. Jack Christensen (for Roman Catholic Bishop of San Jose) Location: 10110 North De Anza Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. 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 approved, 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 are contained in the public hearing record concerning Application No. 10-U-01, as set forth in the Minutes of the Planning Commission Meetings of October 8& 22, 2001, and are incorporated by reference as though fully set forth herein. Resolution No. 6114 10-U-01 October 22, 2001 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled "Conference Building for St Joseph's of Cupertino Parish, 10110 De Anza Blvd., Cupertino, CA" dated 8-13-01 and revised 10/ 17/O 1, and consisting of six sheets labeled: T-1 and UP 1 through UP 5, except as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. ARBORIST REPORT The applicant shall hire an internationally certified arborist to review the proposed improvement plans for improvements beneath the canopies of the existing cedar trees. The arborist shall prepare and submit a report to Community Development Department staff on the impacts of construction on the health of the affected cedar trees, and also recommend mitigation measures, if any, needed to protect the health of the affected cedar trees during and after construction. The Director of Community Development shall review the mitigations and incorporate them as needed through building permit conditions. PASSED AND ADOPTED this 22nd day of October 2001, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Patnoe, Chen, Auerbach and Chairperson Kwok NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APP VED: , _ , �� � �� Steve Piasecki Patrick Kwok, Chair Director of Community Development Planning Commission G: Planning/Pdreport/Res/10u01