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Reso 4418 5-U-92 C I T Y O F C U P E R T I N O ' 10300 Torre Avenue Ctiipertino, California 95014 RE:.SOIZJI'ION NO. 4418 ! USE P�T Z+0 OPg2ATE A LEARNING CIIV'I'II2 IN AN F.�SrIl�TG SEiOPPIl�TG CELV'I�2 SF]CTION I: FIlJDINGS I ( WI�RF,AS, the Planning C�oa�rtnission of the City of Cupertino reoeived an application for a Use Permit, as de_�ribed on Page 1 of this Resolution; and I Wf��2FAS, the applicant has met the burden of proof required to support said application. ; aryd WI�RE'AS, the Planning Ccenmlission finds that the application meets the follvwing requirements: � a) That the proposed use and existing uses are in conformance with the � General Plan and with the Zoning designation for the site. b) That the property and building area is of an adequate size and shape to aoccarnriodate the pro�osed use . ' c) That the proposed use is otherwise nat detrimental to health, safety, � peace, and general welfare of persons residing or workirig in the neigtiborhood of such a pro�osed use. � d) The subject Use requires the same parkulg as the previaus use and no ' anticipated parking proble�ns are e��ec.-ted. ► NOW, Tf��ORE, BE IT RESOLUID: 'That after careful oonsideration of maps, facts, exhibits, testimony and other evidence sulamitted in this matter, the application for Use Permit is hereby � rec�nnended for approval, subject to the conditions which are ernmierated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the fir�dings and conditions specified in � this Re��olution are based ar�d oontained in the Public Hearing record conoerning Application 5-U-92 as set forth in the Minutes of the Planning Con�umission Meetirig of August 24, 1992, and are incorporated by reference as though fully set forth herein. i i Re�solution No. 4418 (5-U-92) August 24, 1992 Page -2- � SF7GTION II • PRQT�CI' DFSCRIFI'ION Application No(s): 5-U-92 � Applicant: American L�rning Corporation Property Owner: W.D.V. Pra�perties Project I,ocation: 20375 Stevn�.s Creek Blvd. SDGTION III: C70NDITIONS AI7�IVISTII2ID BY TI� a�IlK[71�TITY DEVEGOPN�I'I' DF�T. l. APPROVID �IIBIrI'S Plan consisting of one sheet dated July 30, 1992, exc�ept as may be amended � by the vonditions contained in this Resolution. 2. APPROVID USE � 'The subject Use Permit grants the operation of a 1,127 sq. ft. individualized instruction facility as autlined in the applicants letter of � June 19, 1992, exoept as amex�ded by the conditions herein. � 3. PARKIlJG DEFICIT This Use Permit authorizes a c�enter-wide parking deficiency of 21 spaces. The Planning Cca�rnnission reserves the right to review this Use Permit or the Center's Use Petmit, if parking problentis arise. The Planning Cca�nission ' may apply whatever �nditions are neoessary to correct the parking shortage , which may include a reduction of ccernnercial/offioe hours, carpools or other methadologies. � Stiibject to Central Fire District approval, the applicant shall place a r bicycle rack autside the establishment with a muzim�un holding of 10 � bicycles or other nwnber determiried by staff . i r 4. 'I'RIP C70NS`IRAIIVT Land Use intensity shall be limited to an intensity that will not generate I more than sixteen (16) on way trips per acre duririg the pe.ak traffic haur. For p�urposes of ensuring oom�lianoe with the Traffic Inte.nsity Performance � Standard, the following aoc�ounting of trips is hereby incorporated into the � project appraval: TR�S GII�Tg2P,TID BY C:F�Fi'g2: 56.00 ADDITIONAL TR� GIIJII2ATID BY USE: 1.00 � TRIpS ALLpCATID TO PRQTDC.T SITE: 58.90 � SCIRPLUS TR�S: 1. 9 I 1 Re��olution No. 4418 (5-U-92) August 24, 1992 Page -3- � In the event that a develo�enent does nat utilize the full 16 trips per acre allotted by the trip er�d performanoe star�dard, the owner of reoord shall have the ability to retain, sell or transfer trips with other property vwners within 1 the Traffic Inte.nsity Ferformanoe Star�dard Area. All sales or transfers of trips shall be filed with the Director of Planning ar�d Devel�nt and the City Clexk. No sale or transfer shall be oonsidered finally constmamated until a Use Permit has been appraved for the prc�exty to which the trips are to be applied. 'Ihe develop�s shall record a vavenant to de.scribe the trip acre c�nstraint and the total rnmnber of trips allocated to the particular devel�zt at the time I of developement approval. The cavenant stlall appro�priate wording to suggest � that future purchasers of the prc�perty oonsult the iridividual Use Permit file to obtain an updated status report of the total rnm�b�ex of trips allocated to � each particular property. SIC�GE Prior to oa�pany the property owner shall provide proof that the monwment sign received appraval by the Architectural and Site Appraval Ccenunittee for five (5) busiriess name.s per side aryd for the building mxulted sign on the detached ( office kuilding "Linotext". If appraval has nat bee.n granted by the � Architectural and Site Approval Ccernnittee for these signs an application for approval shall be suk.anitted prior to oocupany or unapproved signs removed. PASSID AND ADOPTID this 24th day of August, 1992 at a regular meetirig of the Planning Ca�rnnission of the City of CL�ertino, State of California, by the � following roll call vote: � AYES: N��F�2.S Austin, Mann, McKenzie ( NOFS: N���2.5 None � ABSI'AIlJ: N��F�2S None � ABSII�T: N��II2S Mahoney, Chairman Fazekas . APPRpVID: �C � Robert Ccxa D31y1 z , i rTnan � Director of C.c�miunity Develop�nent Planning Coarnnission M PCRESOS/5-U-92 1 r F � 1