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Reso 309439-U-87 CITY OF CUPERTINO 10430 So. De Anza Boulevard Cupertino, California 95014 RESOLUTION NO. 3094 OF THE PLANNING =MISSION OF THE CITY OF CUPERTI IO APPROVING A USE PERMIT TO EXPAND AN EXISTING PRE-SCHOO14/CIiLLD CARE FACT= SECTION I• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recccmvxded 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 39-U-87 as set forth in the Minutes of the Planning commission Meeting of September 28, 1987, and are incorporated by reference as though fully set forth herein. RESOUMON NO. 3094 (39-U-87) 9/28/87 Pare -2- SECTION II: PRLI7ECT DESCRIPTIOtJ Application No(s) 39-U-87 Applicant: Nancy Meredith Property Owner: Good Samaritan Church Location: Southeast corner of Homestead Road and Linnet Avenue SECTION III: CONDITIONS OF APPROVAL ADMINISTERED BY THE PUBLIC WORKS DEpT ilMtiY:i l �iT� hrei Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. � r �• � r •,� n is Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance 125. The developer shall ccn ply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances area regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. RESOLUTION NO. (39-U-87) 9/28/87 Page -3- 8. DEVELOPMENT AGREEMENT • The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. SECTION IV: CONDITIONS OF APPROVAL AE INISTERED BY THE PLANNING DEPARTMENT 9. APPROVED EXHIBITS The recommendation of approval is based on Exhibit A, except as may be amended by the Conditions contained in this Resolution. 10. USE LIlMITATION This use permit authorizespre-school/child theoperation of a re school child care P / facility with a maxirum enrollment of 76 children and a maximum 15 person staff. Hours of operation shall be limited to 7:00 to 6:00 p.m., weekdays. PASSED AND ADOYxr,1) this 28th day of September, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll ® call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: .43—(4NArektA, cmkjjkAlw .aktrrians Robert Cowan Donald Mackenzie, Director of Planning Cupertino Planning Calmission RESCEIILD(P6)