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Reso 6204 U-2003-07 � CITY OF CUPERTINO 10300 Torre Avenue , Cupertino, California 95014 RESOLUTION NO. 6204 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A LEARNING CENTER IN A EXISTING OFFICE BUILDING LOCATED AT 10650 BUBB ROAD. SECTION I: PROTECT DESCRIPTION Application No(s).: U-2003-07 Applicant: Steven Ma Location: 10650 Bubb Road 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 and Exception are 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(s). U-2003- Resolution No. 6204 U-2003-07 September 8, 2003 Page 2 i 07, as set forth in the Minutes of the Planning Commission Meeting of September 4, 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 10650 Bubb Road dated August 13, 2003 including the site photos and letters of description of the proposed project, 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. MAXIMUM NUMBER OF STUDENTS: The maximum number of students for the proposed education center shall be 46 students at any given time. 4. MAXIMUM NUMBER OF STAFF: The number of staff (including administrators and teachers) present on-site shall not exceed six (6) at any given time. 5. SIGNS: This approval does not include any signage. The applicant shall obtain sign permits for any new proposed signs per the requirements of the City ordinance. 6. HOURS OF OPERATION: The hours of operation for the proposed limited to the following: Administrative operation: 10:00 A.M. to 7 P.M. (Weekdays &Weekends) Tutoring & other education forums: 4:00 P.M. to 8:30 P.M. (Weekdays) 10:00 A.M. to 9 P.M. (Weekends) 7. CLASS SCHEDULE: The starting times for all classes shall be off-set by at least 10 minutes to avoid parking congestions. Resolution No. 6204 U-2003-07 September 8, 2003 Page 3 � 8. PARKING STALLS: A total of fourteen (14) parking stalls are approved as part of this application (including one handicapped stall). All fourteen parking stalls must be keep free of any obstacles and be maintained. 9. PHYSICAL ALTERATION ON THE BUILDING: This permit does not include any interior remodel or exterior alterations to the existing office building. A director's minor modification or architecture and site approval may be required for any proposed changes to the interior or exterior of the building. In addition, proper building permits must be obtained prior to the commencement of construction. PASSED AND ADOPTED this 8th day of September 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: Miller, Saadati, Wong and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Corr ATTEST: APPROVED: � l Steve Piasec i Angela en, Chairperson Director of Community Development Cupertino Planning Commission G:\Planning\PDREPORT\RES\U-2003-07res.doc