Reso 4320 32 U-85 (Modified)
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RE.SOL�TPION No. 4320
OF 'PHE PLANNII�TG C'ONIM.ISSION OF THE CITY OF CUPERTINO
�NIl�IDING APPROVAL OF A USE PF�T MODIFICATION TO
ALLpW TI-� SI�LLID NURSING FACILITY AND PII�.SONAL CARE FACILITY
TO BE CONSTRUCTID IN TWO PHASES IN ACOORDANCE WITH
CONDITION 26 OF APPLICATION 32-U-85
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1
SECTION I• FINDINGS
� Wf�f2E'AS, the Planni.ng Connnission of the City of Cupertino received an
( application for a Use Permit, as described on Page 2 of this Resolution; and
�S, the applicant has met the burden of proof required to support said
� application.; and
�
WHII�FAS, the Planning Co�unission finds that the application meets the
following requireme.nts:
� a) That the use or uses are in conformance with the General Plan of the
City of Cupertino, and are not detr�mental to e.xisting uses or to uses
specifically permitted in the zone in whic�h the proposed use is to be
located.
b) That the property involved is adequate in size and shape to
acconmlodate the proposed use.
c) That the proposed use will not generate a level of traffic over and
� above that of the capacity of the existirig street system.
d) That the proposed use is othexwise not detr�mental 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, ��ORE, BE IT RE.SOLUID:
That after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the application for Use Permit is hereby
reco�mle.nded 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 32-U-85 (Modified) as set forth in the Minutes of the Planning
Crnrnnission Meeting of January 28, 1991, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4320 32-U-85 (Modified) 1/28/91
� Page -1-
SECTION II• DFSCRIPTION
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Application No(s) 32-U-85 (Modified)
Applicant: Fonml Life Care, Inc.
Property Owner: Same
i�ocation: Westerly terminus of Cristo Rey Ilrive
SECTION III: C�ONDITIONS ADN�IISfiERID BY TI� D�AR'INIIIVT OF COMMUNITY DEVEIAPMIIVT
� 1. APPROVID F�IIBITS
The reconmlendation of approval is based on Sheets AH 1.1, dated December
4, 1989, Phasing Plan, �hibit A, dated Januaiy 23, 1991, Elevations,
F�hibit B, dated January 23, 1991, and Interim Landscaping Plan, Sheet
LP-5A, dated January 23, 1991, except as may be amended by the conditions
contained in this Resolution.
( 2. PRh'VIOUS C�ONDITIONS
All other conditions of 32-U-85 which are not in conflict with these
conditions shall remain in full effect.
�
3. PHASE II
The Use Permit for Phase II shall e�pire five years after this decision if
a building permit is not obtained prior to said deadline.
4. L�ANDSCAPING
Landscaping in areas of proposed Phase II construction must meet Xexiscape
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Guidelines.
PASSID AND ADOPTID this 28th day of January, 1991 at a Regular Meeting of the
Planning Co7rnnission of the City of Cupextino by the following roll call vote:
AYES: COrM�SSIONIIZS: Austin, Fazekas, Mahoney, Mann, Chairman Mackenzie
NAYS : C'ODM4ISSIONII�.S :
AB..STAIl�T: COPM�IISSIONII�S:
, ABSIIJT: CJONIl�SSIONER.S:
ATTFST: APPROVID:
C.�� _. _
� c'_�-�..,� � � ,
Robert Cowan Don c�cerizie, Vi Chairman
Director of Co�ununity Development Cupextino Planning � o�nnission
peresos/rso32u85