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Reso 6195 M-2003-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6195 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT TO PROVIDE CHILD CARE TO A MAXIMUM OF 150 CHILDREN, TO ADD APPROXIMATELY 400 SQUARE FEET AND TO MODIFY THE PARKING AND LANDSCAPING, INCLUDING THE REMOVAL OF THREE TREES SECTION I: PROTECT DESCRIPTION Application No(s): M-2003-01 (EA-2003-07) Applicant: Susan Chen (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 i 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 Modification is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and Resolution No. 6195 M-2003-01 June 23, 2003 Page 2 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. M-2003-01 (EA-2003-0�, as set forth in the Minutes of the Planning Commission Meeting of June 23, 2003, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS: The recommendation of approval is based on the exhibits labeled Keiki Place, Sheets A1 and L1 dated 06-03-03 and Sheet A2 dated 04-30-03, 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 the school shall be from 6:30 a.m. to 6:30 p.m. Monday through Friday. Parenting classes may be offered Monday through Saturday from 7:00 a.m. until 8:30 p.m. 4. NEIGHBORHOOD TRAFFIC IMPACTS: I To decrease traffic impacts, the center shall install and maintain a "No Right Turn, Except for Residents" sign at the main exit from the center. The center shall also � notify students and their families of the "No Right Turri' policy in any newsletters. Parents will also be required to sign a form stating that they have been informed of the policy. To further reduce traffic impacts, the applicant shall implement a carpool i plan and shall provide a free shuttle service to interested parents. 5. NOISE IMPACTS: The applicant shall stagger the recess/playtime for all students so that no more than 50 students are utilizing the outdoor playground at any given time, not including children studying outside. G:�Planning�PDREPORT\RES�IVI-2003-0 l.doc Resolution No. 6195 M-2003-01 June 23, 2003 Page 3 6. APPROVED USES: The approval is granted to allow the operation of a childcare and parenting center only. Maximum enrollment in the school shall be 150 students. No residential uses are permitted on the subject property. PASSED AND ADOPTED this 23rd day of June 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Corr, Miller, Saadati and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Wong ABSENT: COMMISSIONERS: ATTEST APPROVED: � ( > Steve Piasecki Angela en, Chairperson � Director of Community Development Planning Commission I � ► G:�Planning�PDREPORT�RES�N1-2003-01.doc