Reso 6636 U-2011-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6636
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A NEW HEALTH CLUB TO OPEN AT 5:30 A.M. ON
WEEKDAYS AND 6:30 A.M. ON WEEKENDS LOCATED AT 10101 N. WOLFE ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: U-2011-03
Applicant: Western Athletic Club
Property Owner: Sears Roebuck&Company
Location: 10101 N. Wolfe Road (APN: 316 20 080)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) 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;
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps,facts, exhibits, testimony and other evidence submitted in this
matter,subject to the conditions which are enumerated in this Resolution beginniilg on PAGE 2
thereof, the application for a Use Permit, Application no. U-2011-03 is hereby approved, 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-2011-03 as set forth
in the Minutes of Planning Commission Meeting of May 24, 2011, and are incorporated by reference
as though fully set forth herein.
Resolution No.6636 U-2011-03 May 24,2011
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled "Bay Club Cupertino, Use Permit Application, 10101 N
Wolfe Road" prepared by Form 4 Architecture, Inc. dated 3-15-2011 consisting of pages A0.0 -
A0.12,C1.0, except as may be amended by the Conditions contained in this Resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2011-04 shall be applicable to this approval.
3. HOURS OF OPERATION
The applicant is approved for the following hours of operation:
Monday- Friday: 5:30 a.m. - 11:00 p.m.
Saturday-Sunday: 6:30 a.m. -11:00 p.m.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other agencies with regard to the proposed project for
additional conditions and requirements. Any misrepresentation of any submitted data may
invalidate an approval by the Community Development Department.
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2011-04 shall be applicable to this approval.
PASSED AND ADOPTED this 24th day of May, 2011, Regular Meeting of the Planning Commission
of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller, Brophy,Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
,L!/ -
arti Shrivastava Winnie Lee, � a r
Director of Community Development Planning Commi i n
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