Reso 4943 9-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4943
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 21749 STEVENS CREEK BOULEVARD
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�chibits, 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. 9-U-98 as set forth in the
Minutes of the Planning Commission Meeting of July 13, 1998, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 9-U-98
Applicant: Na's Martial Arts
Property Owner: Uri and Batia Freeland
Location: 21749 Stevens Creek Boulevard
Resolution No. 4943 9-U-98 July 13, 1998
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 2,450 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. No
more than 10 adults may occupy the building at any one given time. 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 Na's Martial Arts, the Commission may conduct a public
hearing to consider additional operational controls to solve the parking problem.
3. LANDSCAPING
Landscaping and irrigation plans shall be submitted and approved as part of the applicant's
building prmits. No final occupancy permit shall be issued until landscaping is installed.
4. CIRCULATION
The property owner shall submit a circulation plan to address the auto and pedestrian circulation
along the Stevens Creek Boulevard frontage for the shared ingress/egress with the adjoining
property to the east. The purpose of this plan is to increase safety and efficiency and shall be
subject to review and approval by staff of the Public Works Department. The plan shall be
implemented prior to operation of the school.
5. INGRESS/EGRESS EASEMENT AGREEMENT
The land owner shall record an appropriate deed restriction and covenant running with the land,
subject to approval by the City Attorney, for all parcels which share a common private drive or
, private roadway with one or more other parcels. Said deed restriction shall provide for necessary
reciprocal ingress and egress easements to and from the affected parcels.
6. SIGNAGE
All wall signs should be replaced or removed in accordance with the City's Sign Ordinance before
operation of the specialized school begins.
7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Proj ect 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.
Resolution No. 4943 9-U-98 July 13, 1998
Page -3-
PASSED AND ADOPTED this 13th day of July, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens and Chairwoman Austin
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
.
Robert S. Cowan Donna Austin, C airwoman
Director of Community Development Cupertino Planning Commission
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