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Reso 4481 39-U-85 (Modified) � CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4481 OF THE PLANNING COMMISSION OF TI� CITY OF CUPERTINO APPROVING A USE PERMIT FOR A TUTORING PROGRAM IN AN EXISTING CHURCH --------------------------------------------------------------------------- --------------------------------------------------------------------------- � SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, � as described on Page 1 of this Resolution; and i WHEREAS, the applicant has met the burden of proof required to support said application; and � WHEREAS, the Planning Commission finds that the application meets the following requirements: I � a) That the use or uses are in conformance with the General Plan of the City of Cupertinq and are not detrimental to e�sting uses or to uses specifically pernutted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will generate a level of traffic over and above that of the capacity of the existing street system. ' d) 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 uses, nor injurious to property and improvements in the neighborhood. � � NOW, TI-�REFORE, 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 and contained in the Public Hearing record concerning Application 39-U-85 (Modified) as set forth in the Minutes of the Planning Commission Meeting of November 8, 1993, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 39-U-85 (Modified) Applicant: New Life Church Property Owner: New Life Church Location: 20900 McClellan Road USE PERMIT for a tutoring program in an existing church Resolution No. (39-U-85 (Modified) November 8, 1993 Page-2- 1 ------------------------------------------------------------------------- --------------------------------------------------------------------------- SECTION III: CONDITIONS ADMINISTERED BY TI-� COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXIIIBITS The recommendation of approval is based on E�ibits Site Plan A-1. I 2. USE LIMITATIONS ( The applicant is granted a use pernut to occupy 1,650 sf. of building area for a private after school program. The approved hours of operation are Monday through Friday 12:00 - 6:00 PM, and Saturday 8:00 AM - 12:00 PM, except during the Summer approved hours are Monday through Friday 8:30 AM - 6:OOPM and Saturday 8:00 AM- 12:00 PM. A maximum of 60 students of which 20% may � be of senior high age. The 10'x14' metal storage building (southwest portion of lot) is denied. � 3. BICYCLE PARKING The applicant shall install one bicycle locking device immediately adjacent to the classrooms. 4. CENTRAL FIRE DISTRICT � Proof of compliance with Tom Tornells' letter of October 27, 1993, shall be provided within 30 days. 1 ( 5. SANITARY DISTRICT I Proof of compliance with Carl Beckham's letter of October 15, 1993, shall be provided within 30 days. � --------------------------------- --_______ � PASSED AND ADOPTED this 8th day of November, 1993, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: ( AYES: COMMISSIONERS: Bautista, Doyle, Mahoney, Roberts and Chairwoman Austin NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ( ATTEST: APPROVED: � I � Robert S. Cowan Donna Austm, Chairwoman Director of Community Development Cupertino Planning Commission g:/mm/peresos/39u85m