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Reso 4765 5-U-92 (Mod.) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4765 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT MODIFICATION TO RELOCATE AN EXISTING SPECIALIZED SCHOOL IN A RETAIL CENTER IN ACCORDANCE WITH CHAPTER 19.56.040 OF THE CUPERTINO MLINICIPAL CODE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit Modification, 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 city does acknowledge a twelve space parking deficiency at the center however, past deficiencies have not resulted in complaints about parking impact, and 2) The net difference in parking needs between the existing Sylvan Learning Center and the proposed is four net spaces which is considered insignificant. 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 Modification 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 No. 5-U-92 (Mod.) as set forth in the Minutes of the Planning Commission Meeting of November 12, 1996, and are incorporated by reference though fully set forth herein. SECTION II• PROJECT DESCRIPTION Application No.: 5-U-92 (Mod.) Applicant: W.O.V. Properties Property Owner: Same Location: 20325 Stevens Creek Boulevard Resolution No. 4765 5-U-92 (Mod.) November 12, 1996 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The following e�chibits have been approved; site plan entitled Sylvan Learning Center for Use Permit and the preliminary floor plan dated November 12, 1996, except as may be amended by the following conditions. 2. USE LIMITATIONS The use permit approves a 2,540 square foot individualized instruction facility. A maximum of 21 students per hour is allowed. The instruction is for kindergarten through 12th grade. Business hours to be consistent with the permitted general commercial hours of operation. 3. SIGNAGE All proposed signage shall be consistent with the Cupertino Sign Ordinance. PASSED AND ADOPTED this 12th day of November, 1996, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle, Harris and Chairman Roberts NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Mahoney ATTEST: APPROVED: � r r � �/'�/ "� ; Robert S. Cowan Paul Roberts, Chairman Director of Community Development Cupertino Planning Commission g:/pdrepordres5u92m I