Reso 5061 4-U-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5061
OF THE PLANNING COMMISSION OF THE CITY OF CU['ERTINO
APPROVING A USE PERMIT TO CONSTRUCT A NEW MAUSOLEUM CONSISTING OI� 942
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SECTION I: FINDINGS
� WHEREAS, the Planning Commission of the City of Cupertino received an application Ior a Usc
Permit, as described in Section II. of this Resolution; and
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WHEREAS, the necessary public notices have been given in accordance with the I rocedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
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hearings on this matter; and
► WHEREAS, the applicant has met the burden of proof required to support said application; 2lIlCI Il�lti
� satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to �roperty c�r
improvements in the vicinity, and will not be detrimental to the public health, safety, �eneral
welfare, or convenience;
1 2) The proposed use will be located and conducted in a manner in accord with the Cupertine�
� 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 111 Llliti
matter, the application for Use Permit is hereby approved ; and
That the subconclusions upon which the findings and conditions specitied in this resolution arc basccl
and contained in the public hearing record concerning Application No.4-U-99 as set Fo�-th in thc
Minutes of the Planning Commission Meeting of August 9, 1999, and are incorporated by refercncc as
though fully set forth herein.
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Resolution No. 5061 4-U-99 Au�ust 9, 1999
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I SECTION II: PROJECT DESCRIPTION
Application No.: 4-U-99 (7-EA-99)
Applicant: Roman Catholic Bishop/Gate of Heaven Cemetery
Location: 22555 Cristo Rey Drive
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMLJNITY DCVCLOPMLN"f DfJI''I'.
` 1. APPROVED EXHIBITS
Approval is based on Sheets AO-A6 except as may be amended by the conditions containcd in
this resolution.
� 2. LANDSCAPING
An additional oak tree shall be planted near the property line generally west of the cul-de-sac.
Trees proposed for Santa Clara County park lands shall be planted upon written a�rccmcnt
from the County. Landscaping shall be installed prior to final occupancy.
� 3. MASTER PLAN
, The master plan included in the review of this application is an inforil�ation item; location ol�
� new development as shown is not approved. Future development will require submittal ancl
approval of a new use permit.
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4. SANITARY SEWER SYSTEM
Future toilet facilities will require connection to the Cupertino Sanitary Sewer District.
5. 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 Codc
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount c�l�
such fees, and a description of the dedications, reservations, and other exactions. You arc
hereby further notified that the 90-day approval period in which you may protest these I-ecs,
� 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 complyin�; with all ol� thc
requirements of Section 66020, you will be legally barred from later challen�in� such
exactions.
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Resolution No. 5061 4-U-99 Au�ust 9, 1999
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( SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMLN'f
6. GRADING
� Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code.
( 7. DRAINAGE
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Drainage shall be provided to the satisfaction of the City Engineer. SurFace Flow across public
sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilitic;s are decmc;el
necessary by the City Engineer. Development in all other zoning districts shall be served hy c�n
site storm drainage facilities connected to the City storm drainage systcm. IF City storm drains
� are not available, drainage facilities shall be installed to the satisfaction of the City Ln�;ine�r.
8. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinancc No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinatc
i with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
� approval of the affected Utility provider and the City Engineer.
, 9. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fecs, storm
drain fees, park dedication fees and fees for undergrounding of utilities. Said a�;reement shall bc
executed prior to issuance of construction permits.
a. Checking & Inspection Fees: $ 5% of Improvement Cost or $1,975.00 min
b. Development Maintenance Deposit: $3,000.00
c. Storm Drainage Fee: $480.00/acre
d. Power Cost: N/A
( e. Map Checking Fees: N/A
f. Park Fees: N/A
g. Reimbursement fee: To be determined trom reimbursement a�,rccmcnl
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a
final map or issuance of a building permit in the event of said change or chan�es, the Iees
changed at that time will reflect the then current fee schedule.
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Resolution No. 5061 4-U-99 Au�;ust 9, 1999
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� 10. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall bc
screened with fencing and landscaping or located underground such that said equipmcnt is nc�t
visible from public street areas.
11. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water ri�;hts to City of Cupertino
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
( CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDIT[ONS
► (Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specitied in Section IV. c�f lhis
� Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this 9`'' day of August, 1999, at a Regular Meetin�; of thc I'lannin�
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Robert S. Cowan David Doyle, hairma
Director of Community Development Cupertino Planning Commission
g:/pdreport/res4u99
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