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Reso 4583 12-U-94 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4583 OF THE PLANNING CONIMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT A 3,500 SQUARE FOOT MAUSOLEUM CRYPT AT THE GATE OF HEAVEN CEMETERY SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental 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, 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 and 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 12-U-94 as set forth in the Minutes of the Planning Commission Meeting of January 9, 1995 and are incorporated by reference though fully set forth herein. SEG�ION II: PROJECT DESCRIPTION Application No.: 12-U-94 Applicant: Diocese of San Jose, Gate of Heaven Cemetery Property Owner: Diocese of San Jose, Gate of Heaven Cemetery Location: 22555 Cristo Rey Drive Resolution No. 4583 (12-U-94) January 9, 1995 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The recommendation of approval is based on E�chibits A1, A2, A3, A4, and L1 dated 12/29/94 and the Constraints Map dated 12/7/94 of Application 12-U-94, except as may be amended by the Conditions contained in this Resolution. 2. SEPTIC TANK SYSTEM Before any construction, the relocation and installation of the new septic system shall be reviewed and approved by the City and Santa Clara County Health Department and the existing septic tank system serving the chapel shall be abandoned in accordance with City procedures. PASSED AND ADOPTED this 9th day of January, 1995 at a regular meeting of the Planning i Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris, Mahoney and Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: � ATTEST: APPRO�ED: � f � �� � . � �' '� - � , `'!`' ''�� � Robert S. Cowan rrin Mahoney, C irman Director of Community Development Cupertino Planning Commission g:/planning/res 12u94