Reso 4891 (11-U-93(M))
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4891
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION OF A USE PERMIT TO EXPAND AN EXISTING FITNESS
CENTER BY 3,600 SQ. FT. INTO AN EXISTING SHOPPING CENTER (THE OAKS).
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. That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not
detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use
is to be located.
2. That the property involved is adequate in size and shape to accommodate the proposed use.
3. That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
4. That the proposed use is otherwise not d�trim.�::tal 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, 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 approved, 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 11-U-93(M) set forth in the Minutes
of the Planning Commission Meeting of February 9, 1998, and are incorporated by reference thou�h
fully set forth herein.
Resolution No. 4891 February 9, 1998
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 11-U-93(M)
Applicant: Linda Evans Fitness Center
Property Owner: The Oaks Shopping Center
Location: 21271 Stevens Creek Blvd.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on Sheet A-1, dated 12/29/97 except as may be amended by the conditions
contained in this resolution.
2. PRIOR APPROVAL
Conditions of approval from 15-U-93 remain in effect.
PASSED AND ADOPTED this 9th day of February, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State �f Ca�:f�rnia, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Harris, Mahoney, Stevens
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
C �tfI�1�Ul.�
Robert S. Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
g/pdrepordrso 11 u93m