Reso 6575 M-2009-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6575
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A PREVIOUSLY-APPROVED USE PERMIT (25-U-83)
TO ALLOW THE OPERATION OF A MANDARIN IMMERSION GRAMMAR SCHOOL
LOCATED AT WEST VALLEY PRESBYTERIAN CHURCH
6191 BOLLINGER ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-08
Applicant: Kevin Pasquinelli on behalf of West Valley Presbyterian Church
Location: 6191 Bollinger Road
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification of the 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, exhibits, testimony and other evidence
submitted in this matter, the application for Modification of the Use Permit are 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 No. M-2009-08,
as set forth in the Minutes of the Planning Commission Meeting of December 8, 2009, and are
incorporated by reference though fully set forth herein.
Resolution No. 6575 M-2009-08 December S, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on the business plan submitted by West Valley International
School and West Valley Presbyterian Church (Attachment 3 of the staff report) titled
"West Valley International School, West Valley Presbyterian Church, Notification of
Mandarin Immersion School City of Cupertino" consisting of 19 pages including the
title page, Proposed Use, Background of Leased Facility, Diagram of the West Valley
Presbyterian Church Campus, Zoning Map, Parking Lot Structure and Traffic Loop for
Student Drop-off and Pick-up, and Existing Conditional Use Permits, except as may be
amended by the Conditions contained in this Resolution.
2. USE APPROVAL
Approval is granted to replace the Senior Nutrition Program with Mandarin Academy
school on the event schedule for West Valley Presbyterian Church (approved in
conjunction with 25-U-83). Mandarin Academy is permitted to operate a year-around
private school with a maximum of up to 49 children and six (6) staff inembers. The
days and hours of operation for the school shall be the following:
Staff hours: Monday through Friday, 7:30 a.m. to 6:30 p.m.
School hours: Monday through Friday, 8:00 a.m. to 3:30 p.m.
After-School Enrichment Program: Monday through Friday, 3:30 p.m. to 6:00 p.m.
Drop-Off/Pick-Up hours: Monday through Friday, 7:45 a.m. to 6:30 p.m.
The school will be allowed to occupy the existing classrooms in the
classroom/administration building, and have ancillary use of the church's indoor
gymnasium during inclement weather, outdoor playground area, lunch room,
computer room and library.
Any future modifications to this approval shall be reviewed by the Director of
Community Development. Any minor modifications as determined to be appropriate
by the Director of Community Development may be approved with a minor
modification.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions of approval (25-U-83 and 1-U-94) shall remain in effect
unless superseded by or in conflict with subsequent conditions of approval, including
conditions of approval for M-2009-08.
Resolution No. 6575 M-2009-08 December 8, 2009
Page-3-
4. DROP-OFF/PICK-UP PLAN
The applicant shall develop a parking plan for the drop-off and pick-up of students
that is acceptable to and approved by the Director of Community Development. The
drop-off and pick-up parking plan must be approved by the Director of Community
Development prior to operation of the school.
5. LANDSCAPING
The applicant shall be required to install and maintain landscaping in accordance with
the approved landscaping plan for the church. Additionally, the applicant shall be
required to replace two (2) trees, located in front of the outdoor playground area along
Bollinger Road and in the Miller Avenue parking lot, if it is determined by the
Director of Community Development that the health of the trees necessitates
replacement.
6. OUTDOOR PLAY AREA
Outdoor play area for the children shall be restricted to the existing outdoor
playground located on the southeast corner of the site facing Bollinger Avenue.
7. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to installation
of any signage on site. Signage shall conform to the City's Sign Ordinance.
8. FUTURE REVIEW OF PERMIT
In the event of any documented substantial future parking or noise problems, the City
reserves the right to review this permit at any time for additional mitigation measures
or revoke the modification to the use permit.
PASSED AND ADOPTED this 8th day of December 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Miller
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ATTEST: _APP O�: �
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Aarti Shrivastava �\ Li a�iefer, Ch ' pe�s ��� /�
Director of Community Development anning�om�°nissiori��,�
G:IPlanninglPDREPORTIRES120091M-2009-08 res.doc