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Reso 5014 29-U-85(M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 5014 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT MODIFICATION TO RELOCATE AN EXISTING PARSONAGE AND DEMOLISH AND REBUILD A DETACHED GARAGE AT AN EXISTING CHURCH AT 10525 MILLER AVENUE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, 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 approved, 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. 29-U-85(M) as set forth in the Minutes of the Planning Commission Meeting of February 22, 1999, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 29-U-85(M) Applicant: Stanley Wang (First Baptist Church of Cupertino) Property Owner: First Baptist Church of Cupertino Location: 10525 Miller Avenue Resolution No. 5014 29-U-85(M) February 22, 1999 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMiJNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan sheet titled"Proposed New Garage and Ex. House Photos: Lot 4: McCubbin House, 10505 Miller Avenue, Cupertino, CA" and labeled sheet 1. The rear porch may be removed. 2. BUILDING SITE The approved exhibits depict a rear lot line dividing the McCubbin House from the adjoining church site. The lot line is inconsistent with the approved tentative subdivision map and is not approved in conjunction with the subject use permit. The referenced lot line is shown to depict a hypothetical rear set back relationship. PASSED AND ADOPTED this 22nd day of February, 1999, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: ` ��'9 Robert S. Cowan David Doyle, Ch ' an Director of Community Development Cupertino Planning Commission g:/pl anni ng/pdreport/res/res29u 85 m