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Reso 4801 24-U-96 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4801 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO LOCATE A SPECIALIZED SCHOOL (MARTIAL ARTS), IN AN EXISTING RETAIL CENTER AT 19997 STEVENS CREEK BOULEVARD, SUITE 5 SECTION I: FINDINGS 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, e�ibits, 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 No. 24-U-96 as set forth in the Minutes of the Planning Commission Meeting of January 13, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 24-U-96 Applicant: Martial Arts School Property Owner: Emile Nijmeh Location: 19997 Stevens Creek Blvd., Suite 5 Resolution No. 4801 24-U-96 January 13, 1997 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation for approval is based upon attached Exhibit A titled "Site Plan" and Exhibit D titled "Floor Plan," both dated January 7, 1997. 2. USE LIMITATION The subject use permit authorizes the operation of a 550 square foot specialized school in Building B of the Boulevard Center shopping center. Class hours on Monday through Friday shall be limited to 4:00 p.m. to 9:00 p.m. The hours of 4:00 p.m. to 6:00 p.m., Monday through Friday are restricted to students under 16 years old. There will be no restrictions on weekday classes after 6:00 p.m. The maximum number of students on the premises during weekend classes shall not exceed 6. I PASSED AND ADOPTED this 13th day of January, 1997, 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, Mahoney and Vice Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairman Roberts ATTEST: APPROVED: i �� i��-- . I Robert S. Cowan Andrea Harris, Vice Chairperson Director of Community Development Cupertino Planning Commission g:/pdreport/r24u96