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Reso 6142 U-2002-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 i � RESOLUTION NO. 6142 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW A CHILDCARE FACILITY IN AN EXISTING QUASI-PUBLIC BUILDING � SECTION I: PROTECT DESCRIPTION � Application No(s): U-2002-04 (EA-2002-09) ; Applicant: Mae-Ling Tien (Keiki Place) � Location: 10931 Maxine Drive, Cupertino, CA � SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application � for a Use Permit, as described in Section II of this Resolution; and � WHEREAS, the necessary public notices have been given in accordance with the ; Procedural Ordinance of the City of Cupertino, and the Planning Commission has held � one or more public hearings on this matter; and � WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino 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 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 are contained in the public hearing record concerning Application No. U-2002-04 (EA-2002-09), as set forth in the Minutes of the Planning Commission Resolution No. 6142 U-2002-04 August 12, 2002 Page 2 Meeting of August 12, 2002, and are incorporated by reference as though fully set forth herein. i � SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS: ( The recommendation of approval is based on the exhibits labeled Keiki Place, Sheet AP1 and dated 05-15-02, except as may be amended by the conditions contained in ( this resolution. 2. 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 Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day � approval period in which you may protest these fees, 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 complying with all of the requirements ' of Section 66020, you will be legally barred from later challenging such exactions. 3. HOURS OF OPERATION: ( The permitted hours of operation for this business shall be from 7 a.m. to 8:30 p.m. Monday through Saturday. 4. REDUCING TRAFFIC IMPACTS: To decrease traffic impacts, the center shall be limited to a maximum of 30 adult students and 30 children. 5. SPECIAL EVENTS: The applicant may apply to the Director of Community Development for permission to exceed the 30-student maximum. The application shall demonstrate the utilization of a shuttle/carpool plan limiting traffic impacts on the neighborhood. 6. APPROVED USES: The approval is granted to allow the operation of a childcare and parenting center only. No residential uses are permitted on the subject property. Resolution No. 6142 U-2002-04 August 12, 2002 Page 3 ( PASSED AND ADOPTED this 12th day of August 2002, at a Regular Meeting of the , Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Saadati, Wong, Auerbach and Chairperson Corr NOES: COMMISSIONERS: ( ABSTAIN: COMMISSIONERS: ' ABSENT: COMMISSIONERS: Chen ATTEST: APPROVED: I / > i-.� � ♦ ! �' � ' . �_. . ��� .�-C ,�. Steve iasecki Charles Corr, Chairman Director of Community Development Planning Commission I I