Reso 4619 1-GPA-93
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4619
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF THE LANDS OF THE SAN JOSE DIOCESE AMENDMENT OF THE LAND USE,
HOUSING AND IMPLEMENTATION ELEMENTS OF THE CITY OF CUPERTINO GENERAL
PLAN
SECTION I: FINDINGS:
WHEREAS, the Planning Commision has held public hearings and considered public testimony from
citizens, and from representatives from other public agencies and interested groups; and
WHEREAS, the Planning Commission considered the Environmental Impact Report which evaluated
the potential significant impacts that the General Plan amendment may have on the environment; and
WHEREAS, said Environmental Impact Report reflects the independent judgment of the Commission;
and
WHEREAS, the Planning Commission detertnined that certain potential environmental effects resulting
from adoption of the project may cause a significant effect upon the environment, but that changes have
been incorporated into the project to avoid or substantially lessen the significant environmental effect as
identified in the final EIR. Said significant effect and mitigation measures to avoid or lessen the
significance are described in Exhibit B; and
WHEREAS, the Planning Commission determined that some significant adverse environmental effects
of the project can not be reduced to a level of insignificance and that in those instances, a statement of
oveniding considerations has been made as described in E�chibit A. The specific findings for the
statement of overriding consideration are described in Exhibit A and are supported by substantial
evidence in the record; and
WHEREAS, the Planning Commission determined that the project achieves the following project goals
more effectively than the alternatives evaluated in the EIR, they are also submitted as findings of
overriding consideration:
1) Provide private open space, which offers environmental and aesthetic values to the City of Cupertino
and the region.
2) Provide environmental protection to sensitive areas by identifying special constraint areas and
requiring additional programs for environmental protection not present in the current General Plan.
3) Provide additional housing opportunities as required to meet Cupertino's housing requirements.
Resolution No. 4619 (1-GPA-93) July 18, 1995
Page -2-
4) May under one option provide public open space, which offers permanent recreational, environmental
and aesthetic values to the City of Cupertino and the region.
WHEREAS, the Planning Commission determined that the project property has unique characteristics
which lend themselves to this amendment, among them being that since existing development in the
Seminary property already has impacts so impacts from new development will not be as significant;
being located within the City's urban service area, with most services already available; being located in
a transition area between low and very low density development.
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 4618
recommending that the City Council certify the Environmental Impact Report to be complete and in
compliance with the California Environmental Quality Act and the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Commision hereby recommends approval of the General Plan amendment entitled
"The Lands of the San Jose Diocese" which consists of the map & policy amendment.
2. That the Planning Commission recommends that the City Council consider two options related to the
provision of public open space. Option one would permit a development plan which does not
provide for public open space and is limited to a maximum of 116 dwelling units with a maximum of
86 units on the Seminary pazcel and 32 units on the Cristo Rey parcel. Option two would permit a
range of between 148 and 178 units with a m�imum of 55 units located on the Cristo Rey parcel,
only if the applicant voluntarily offers dedication of public open space previously described in the
applicant's proposal. In both instances, the general plan land use diagram describes the allowed
development area.
3. That the Planning Commission hereby authorizes its Chairperson to endorse said General Plan
amendment and forward said amendment to the City Council for adoption.
PASSED AND ADOPTED THIS 18th DAY OF JULY, 1995, at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney
NOES: COMMISSIONERS: Austin, Roberts
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: AP OV
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Robert S. Cowan, Director David Doyle, hairp rson
Community Development Cupertino Planning Commission
g/planning/gpreso4