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Reso 6227 DIR-2003-21 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6227 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S MINOR MODIFICATION TO AN APPROVED USE PERMIT TO RENOVATE AND RELANDSCAPE A PORTION OF AN EXISTING CHURCH SITE AT 10181 FINCH AVENUE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, 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 Modification is hereby approved; 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 No. DIR-2003-21 as set forth in the Minutes of the Planning Commission Meeting of December 8, 2003, and are incorporated by reference as though fully set forth herein. Resolution No. 6227 DIR-2003-21 December 8, 2003 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: DIR-2003-21 Applicant: Karen Fox (Bethel Lutheran Church) Location: 10181 Finch Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Title Page and Site Plan titled: " Bethel Lutheran Church, 10181 Finch Avenue, Cupertino, CA," dated 10/20/03 and labeled T-1, and a landscape plan titled: "The Bethel Lutheran Church, 10181 Finch Ave., Cupertino, CA." also dated 10/20/03 and labeled A-1. 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 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. PASSED AND ADOI'TED this 8th day of December 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Miller, Vice-Chair Saadati, Wong and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Angela en, Chairperson Director of Community Development Cuperti Planning Commission G:Planning/Pdreport/Res/DIR-2003-21 res.doc