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Reso 2824CITY OF C U P E R T I N O 10300 Torre Avenue CqmrtinOe California 95014 PESO ON No. 2824 12-U-84 WHEREASIV. the. Planning Cmmuission finds that the application a,,-ts the folladmg requirements a) 7hat 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 Prcposed use is to be located. b) That the, property involved is adequate in size and shape to acccarmiodate the proposed use. c) nmt- the PrcPOs9d use will not generate a level of traffic over and above that of the capacity of the existirg street system. d) That the proposed use is othexwise not detrimental to the health, safe-ty, peace, morals and general welfare of persons residing or working in the neighborhood of such Proposed usesr-nor injurious to prcperty and inprwewnts in the neigtborhood. NOW, MMWCfi, BE 1711 RESOLVED: That after careful owlsideration Of maps, facts, wdiibitso testimony and other. evidence sutmitted in this matter,, the application for. Use Permit is hereby re=mendled for awrooval, subject to t I he conditions which are enumerated in this. Resolution beginning on Page 2 thereof; and That the sur=e clusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 12-'U-84 as set for*di in the Minutes of the Planning mission Meeting of July 14,'1986, and are inccp0rated by reference as though fully set forth herein. RES® OT NO. 2824 (J -2-U-84) 07/14/86 Page e 2 11) APPTT=ON DES OIC Application No. 1.2--U-84 Applicant. Hid and Assmia Imrest:ment Qgmpanv PrcPerty hero Same Locat, South side: of ®live Avenue vuueen Iggerial Avenue and Pasadena Ave III) ITIOTS T BE A124INIS BY THE PLV=gG . 1) BELOW NkRM. PAM HOUSING PROGRAM The applicant shall parti cipate in the City's (EM) Homing Program. required under Condition 19 of Use Permit 12-U-84. Hirer® said Condition 19 is hereby amendedto allow the applicant the bion to fulfill the EM participation obligation in either. of the follring waysa a) amide the required number of anal housing unit b) Pay to the city of Cupertino an in lieu fee on one-half the fee total tiny frit application of the following ng formula to the subject ip derel a 0 Fee Per Unit Sales Price o [(Sq. Ft.. x $70/sq. f.) + $301000 Land Wit) Cie terms of the for la are describe in the Staff Report dates July 14, 196) If the applicant elms to pay the EM in -lieu fee, the Planning Director shall retain the option to specify a graduated schedule not to 2 admit (:) y du�tiono Said graduated past schedule, and all other tem affecting thein -lieu pato shall be anb,odiedin a girded agreement which_ shall be subject -to prior approval by the City Attorney. 2) All othi er conditions of Use ' 1it 12-U-84, as contained in the City Council Action Letter dated October 2 , 1984 shall remain 31 n full force and effect.