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Reso 4844 7-U-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4844 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO LOCATE A SPECIALIZED SCHOOL IN AN EXISTING SHOPPING CENTER 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�cliibits, 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. 7-U-97 as set forth in the Minutes of the Planning Commission Meeting of June 9, 1997, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 7-U-97 Applicant: Dance Academy Property Owner: Stonestown Development Location: 21255 Stevens Creek Boulevard Resolution No. 4844 7-U-97 June 9, 1997 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation for approval is based upon the attached site and floor plans. 2. USE LIMITATIONS Subject use permit authorizes the operation of a 2,200 square foot specialized school in an existing shopping center. The school can operate during normal 7:00 a.m. - 11:00 p.m. business hours. If parking is a problem, the Commission shall have the right to review said parking. If the Commission determines that parking is a problem attributable to the dance studio, the Commission may conduct a public hearing to consider additional operational controls to solve the parking problem. 3. 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. PASSED AND ADOPTED this 9th day of June, 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 Do le Mahone , Roberts and Chai erson Harris � Y � Y IP NOES: COMMISSIONERS: ,. � ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: � ATTEST: APPROVED: I / `� ,���--� Robert S. Cowan Andrea Harris, Chairperson Director of Community Development Cupertino Planning Commission � � g:/pdreportlres/r7u97 I I I 1