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Reso 41442-U-89 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4144 OF THE PLANNING OOM IISSION OF THE CITY OF CUPERTINO REO MI4ENDING APPROVAL OF A USE PERMIT TO CONSTRUCT A 4,000 + SQ. FT. DORMITORY ADDITION TO AN EXISTING GROUP QUARTERS FACULaY SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to ac=mrcdate the proposed use. C) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, HE 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 2-U-89 as set forth in the Minutes of the Planning Commission Meeting of March 13, 1989, and are incorporated by reference as though fully set forth herein. Resolution No. 4144 (2-U-89) 03/13/89 Page -2- SECTION II: APPMCATION DESCRIPTION Application No(s) 2-U-89, 2 -FA -89 Applicant: Ruth & Going, Inc. Property Owner: Marianist Province of the Pacific Location: Westerly terminus of Mercedes Road SECTION III CONDITIONS ALICLNISTERED BY IFC; PUBLIC WORKS DEPARITIE?T�' 1. GRADING AND DRAINAGE The grading plan and drainage system plan shall be approved by the City Engineer. KPIN .71 • • ICM N ,ICI ICM 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 arca inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. SECTION IV: CONDITIONS A I NISTERED BY OOHKJNITY DEVELOPMENT DEPAd7dTIFIFI 3. APPROVED EXHIBITS The reoamnendation for approval is based on exhibits labeled SC -1, SC -2, SC -3, SC -4, SC -5, SC -6, SC -7, SC -8, SC -9, SC -10, SC -11, SC -12. 4. OCCUPANCY The maximum number of residents at the Villa St. Joseph facility is limited to 15 plus one live-in staff member. 5. LANDSCAPE PIAN The applicant shall prepare a landscaping plan and submit same to the City of Cupertino Architectural and Site Approval Con¢nittee for review and approval. The plan shall balance the need to visually screen the facility from existing and potential residents which adjoin the site and the need to ensure fire safety. The Central Fire District shall consult with the landscape Architect to develop a proper balance between the two objectives. 6. ARCHITECIURAL MATERIALS The developer shall obtain final ASAC approval of a building color and materials palette. Resolution No. 4144 (2-U-89) 03/13/89 Page -3- 7. PRIOR OONDMONS All conditions stated in Planning Ccu nission Resolution 1052 which are not in conflict with the terms of this Resolution No. 4144 shall raoain in effect. PASSED AND ADOPTED this 13th day of March, 1989 at a Regular Meeting of the Planning Co mnission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT, COMMISSIONERS: /s/ Robert Cowan Robert Cowan Director of Planning resos\rso2u89(1) Claudy, Mackenzie, Szabo and Sorensen Chairman Adams /s/ John Claudy John Claudy, Vice-chairman CUPertino Planning Ccamnission