Reso 42317-U-89
C ITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUPION NO. 4231
OF 'I IE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMT TO OPERATE
A CONGREGATE CURE RESIDENTIAL FACILITY WITHIN
AN EXISTING 16 UNIT APARTMENT COMPLEX
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 usesb,
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
accommodate the proposed use.
e) 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, 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 7-U-89 as set forth in the Minutes of the Planning
Comnission Meeting of May 8, 1989, and are incorporated by reference as
though fully set forth herein.
N
Resolution No. 4231 (7-U-89) 05/08/89
Page -2-
SECTION II: APPLIGITION DESCRIPTION
Application No: 7-U-89 and S -EA -89
Application: Sunnyview Lutheran Home
Property Owner: Sunnyview Lutheran Home
Inc<ition: North side of Cupertino Road. 400, west of
Ilillcrest Road
Parcel Area: 1.02 Acres
SECTION III• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENr
DEPAR04ENr
1. APPROVED EHIIIBrrS
The recommendation for approval is based on the Use Permit Site
Diagram dated 3-23-89.
2. USE LIMITATION
The subject use permit authorizes conversion of an existing 16 unit
apartment building to use as a congregate living residential facility
to be operated in conjunction with the existing sunnyview
Manor/Sunnyview West complex. No additional construction of floor area
or modification of existing site improvements is authorized under this L
use permit.
3. FUTURE DEVEIfJPMENT
Future construction or additions of floor area shall be subject to use
permit approval and shall be subject to compliance with height,
coverage and setback standards contained in ordinance No. 779 (R3), or
subsequent amendments thereto.
4. LIFE SAF ET Y
A) The property owner shall comply with all fire safety requirements
specified by the City.
B) Prior to initiation of the subject use permit, the property owner
shall demonstrate to the City compliance with Condition 21(A) of
Use Permit 36-U-85 concerning resolution of existing on-site
flooding potential. The property owner may elect to complete flood
water diversion strategies, or to record a future purchaser deed
restriction, as provided in said condition.
Resolution No. 4231 (7-U-89) 05/08/89
Page -2-
5. PARKING
Parking shall be provided at a minimum ratio of 0.5 spaces per
dwelling unit. Additional existing spaces may be counted in the total
number of spaces serving the entire Sunnyview Campus and may be used
to alleviate overflow parking demand associated with staff, residents
or visitors to the main campus.
PASSED AND ADOPTED this 8th day of May, 1989 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: C"nSSIONERS: Claudy, Mackenzie, Szabo, and Chairman Adams
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST:
/s/ Robert Cagan
Robert Cagan
Director of Planning
peresos/RE57US9
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Commission