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Reso 2817 APPLICATION 18-U-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2817 OF THE PLANNING CESSION OF THE CITY OF CtUPERTINO READING APPROVAL OF AN AMENDMENT TO AN EXISTING USE PERMIT TO INCREASE AN APARTMENT PROTECT FROM 80 UNITS TO 96 UNITS SEC.L.ON 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(s) 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 use or uses are consistent with the zoning designation of the subject property. The additional intensity resulting from the senior component of the project is consistent based on Housing Element Policy 3-1 which permits projects to exclapd permitted density levels where a social goal of the community is satisfied. Providing senior housing is a social goal of the community. c) That the property involved is adequate in size and shape to accommodate the proposed use. d) That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. e) 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 use, 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 Resolution No. 2817 (18-U-86) June 23, 1986 Page -2- BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 18-U-86, as set forth in the Minutes of the Planning Commission Meeting of June 23, 1986, and are incorporated by reference as though fully set forth herein. SEC1'iON II: APPLICATION DESCRIYI'iON Application No(s) 18-U-86/15-EA-86 Applicant: Matt Hurley Property Owner: Town Center Properties Location: South side of Stevens Creek Boulevard approximately 400 ft. east of Torre Avenue SEc1'1ON III: CONDi'1'iONS OF APPROVAL CONDl'1'iONS TO BE ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT NONE CONDi'i'IONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT 1. APPROVED EXHIBITS The rec mtendation of approval is based on Exhibits B, B-3, B-4, and D 1st Revision of Application 18-U-86 except as may be amended by the conditions enumerated herein. 2. PRIOR APPROVAL The conditions of approval outlined in the City Council Action Letter for Application 17-U-83 (Revised) dated September 12, 1985, are hereby incorporated into this approval for Application 18-U-86, except the number of apartment units permitted in Condition 17 of Application 17-U-83 (Revised) is increased twill 80 units to 96 units. 3. PARKING The applicant shall provide a minimum of 1.4 parking spares per dwelling unit. An additional .6 space per unit shall be available through a "shared" arrangement utilizing the parking spaces designated for the office buildings. The applicant shall record a parking agreement which describes the above shared parking, subject to the approval of the City Attorney. Resolution 2817 (18-U-86) June 23, 1986 Page -3- PASSED AND ADOPTED this 23rd day of Azle, 1986, at a regular meeting of the Planning Ca fission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners: Adams, Claudy, Sorensen, and Chairman Szabo NAYS: ('Yuri R-gioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: MacKenzie ATTEST: APPROVED: /s/ Robert Cowan /s/ Nicholas Szabo Robert Cowan Nicholas Szabo, Chairman Planning Director Planning Commission RES018U86(M2)