Reso 4927 36-U-85(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION 4927
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A DIRECTOR' S MINOR MODIFICATION FOR REMOVAL
OF A TREE IN ACCORDANCE WITH CAPTER 14.18 OF THE CUPERTINO MUNICIPAL CODE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, 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 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 this resolution are based
and contained in the public hearing record concerning Application No. 36-U-85(M) as set forth in the
Minutes of the Planning Commission Meeting of May 26, 1998, and are incorporated by reference
though fully set forth herein.
�
� SECTION II: PROJECT DESCRIPTION
► Application No.: 36-U-85(M)
i Applicant: Sunnyview Lutheran Home
� Property Owner: Sunnyview Lutheran Home
Location: 22445 Cupertino Road
Model Resolution 4927 36-U-85(M) May 26,
1998
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS AND PREVIOUS CONDITIONS OF APPROVAL
The recommendation of approval is based upon the attached site plan and elevations, except as
may be amended by the Conditions contained in this Resolution. All prior use permit conditions
of 36-U-85 shall remain in effect, unless in conflict with the Conditions of Approval for 36-U-
85(M).
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 a protest within this 90-day period complying with all of the requirerr�ents of
i Section 66020, you will be legally barred from later challenging such exactions.
3. TREE REPLACEMENT
As a replacement for the removed tree applicant shall plant a 24" box Chinese Pistache tree in the
location indicating a 14" box tree on the site plan.
(
� PASSED AND ADOPTED this 26th day of May, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
►
AYES: COMMISSIONERS: Mahoney, Harris, Stevens, and Chair Austin
� NOES: COMMISSIONERS:
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST: APPROVED:
�\
► �I,wM, �
( Robert S. Cowan Donna Austin, Chairwoman
� Director of Community Development Cupertino Planning Commission
�
� g:/pdreport/res/r36u85(M)