Reso 5002 15-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5002
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO LOCATE A SPECIALIZED SCHOOL (EDUCATIONAL
TUTORING SERVICE) IN AN EXISTING STRUCTURE (CALVERT HALL) ON THE UNION
CHURCH PROPERTY AT 20900 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;
3) The proposed use, at the proposed location, will not create a demand for parking that will 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.
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, subj ect 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. 15-U-98 as set forth in the Minutes of the
Planning Commission of January 11, 1999 and are incorporated by reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 15-U-98
Applicant: Robert Wong
Location: 20900 Stevens Creek Boulevard
Resolution No. 5002 15-U-98 January 11, 1999
Page -2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the site plan and floor plan except as may be amended by conditions contained in
this resolution.
2. USE LIMITATIONS
The subject use permit authorizes the operation of a 2,259 square foot specialized school offering
educational tutoring services in an existing church facility. The school can operate during normal 7:00
a.m. to 9:00 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 Excelsior
Educational Institute,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 llth day of January, 1999, 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 ustin, Chairwoman
Director of Community Development Cupertino Planning Commission
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