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Reso 4852 2-DA-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 Resolution No. 4852 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR DIOCESE OF SAN JOSE AS IDENTIFIED BY EXHIBIT A"DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO, MUNICIPAL CORPORATION AND DIOCESE OF SAN JOSE" SECTION I: FINDINGS WHEREAS, the City of Cupertino received an application for a Development Agreement as described in 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 a meeting to consider the granting of the Development Agreement hearing; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan; 2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located; 3. Is in conformity with and will promote public convenience, general welfare and good land use practice; 4. Will not be detrimental to the health, safety and general welfare; 5. Will not adversely affect the orderly development of property or the preservation of property values; and 6. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended 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 his resolution are based and contained in the public hearing record concerning Application No. 2-DA-97, as set forth in the Minutes of the Planning Commission Meeting of July 28, 1997, and are incorporated by reference though fully set forth herein. Resolution No. 4852 2-DA-97 July 28, 1997 Page -2- SECTION II: PROJECT DESCRIPTION Application No. 2-DA-97 and 15-EA-97 Applicant: Steve Zales/O'Brien Group Location: South of I-280, west of Foothill Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard SECTION III: CONDITIONS OF APPROVAL 1. Section 7.1 shall be held in abeyance and Section 13.2 shall be removed. PASSED AND ADOPTED this 28th day of July, 1997, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin and Mahoney NOES: COMMISSIONERS: Chairperson Harris ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Doyle, Roberts ATTEST: APPROVED: _�! �, � J � ' Robert S. Cowan Andrea B. Harris, Chairperson Director of Community Development Planning Commission g:/pdreport/res/r2da97