Reso 6492 U-2007-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6492
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A DAYCARE CENTER/SPECIALIZED SCHOOL
IN A COMMERCIAL CENTER LOCATED AT 20299 STEVENS CREEK BLVD.
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 P1aruling 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;and
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the Conditional Use Permits
Chapter of the Cupertino Municipal Code.
3) The proposed use provides adequate parking.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for a 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 No. U-2007-10 as set
forth in the Minutes of the Planning Commission Meeting of November 13, 2007, and are
incorporated by reference as though fully set forth herein.
SECTION II: PR0IECT DESCRIPTION
Application No.: U-2007-10
Applicant: Jody Chan(for Legend Learning Center,Inc.)
Location: 20299 Stevens Creek Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Resolution No. 6492 U-2007-10 November 13, 2007
Page 2
The approval is based on Exhibits titled: "Legend Learning & Family Resource Center,
Inc., 20269-20299 Stevens Creek Blvd., Cupertino, CA" consisting of 2 pages labeled
pages A1 and A2, except as may be amended by the Conditions contained in this
Resolution.
2. USE APPROVAL
Approval is granted to allow a daycare center/specialized school with an outdoor
playground with a maximum daily attendance of 50 children/students. The number of
children/students may be increased without use permit modification if the applicant
can demonstrate adequate parking supply for all tenant uses to the satisfaction of the
Director of Community Development.
3. Fenced Enclosure
The un-permitted fenced enclosure on the north property line shall not be used as a
playground.
4. Green Building Standards
The applicant shall strive to incorporate minimum LEED standards in it's commercial
tenant improvements.
5. 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 13th day of November 2007, 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 Wong,Miller, Kaneda, Rose
NOES: COMMISSIONERS: none �
ABSTAIN: CO MISSIONERS: none '
ABSENT: M ISSIONERS: none �
AT _ �� AP
y
�
,
Steve iasecki Lisa Gi r air �
Director of Community Development Planning Commission