Reso 419516-U-89
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4195
OF THE PIANNING CODMQISSION OF THE CPPY OF CUPERTINO
Rfl0Ot4ff DING APPROVAL OF A USE PE*= TO A11CW OPERATION
OF A SPECIALIZED SC100L WITIEN AN EXISTING OFFICE/0J1M4ERCIAL
CE"ER IN ACCORDANCE WITIf SECTION 6.K., ORDINANCE 1344
OF T11E CG ZONE
SECTION I: FINDINGS
WHEREhS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
vaunrAS, 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 use
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
accammodate 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.
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby recommended 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 16-U-89 as set forth in the Minutes of the Planning
C mmi.ssion Meeting of September 11, 1989, and are incorporated by
reference as though fully set forth herein.
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Resolution 110. 4195 (16-U-89) 9/11/89
Page -2-
SMVION II: APPr.TCNIgON DISCRTPVrON
Application No(s): 16-U-89
Applicant: Terry Silveria
Property Owner: Kenneth Frangadakis
Location: 10601 South DMnza Boulevard
SECTION III: CONDPTUCNS ADMTNISPERPD BY UTIE DEPARIMIIJr OF CONAIUNITY
DFVEIAPMENP
1. APPROVED EXHIBITS
Zhe recommendation of approval is based on Exhibits of Site Plan and
Tenant Plan, except as may be amended by the conditions contained in
this Resolution.
2. USE: LIrIITATION
Zhe subject Use Permit authorizes operation of a 1,056 sq. ft. language
school. The school is for private/semi-private language instruction
consisting of no more than 2 instructors, one receptionist, and 4
students at any one time.
3. OONSOISDATE PARCELS j
The applicant shall record a reciprocal parking agreement ensuring that
parking on assessors parcel number 359-18-45 will be available for
activities located on 359-18-43. The agreement shall be reviewed by the
City Attorney for form and content prior to recordation.
The application may obtain subdivision approval to consolidate said
parcels in lieu of the aforementioned parking agreement.
4. ENCING
The owner shall replace the fence located behind the trash enclosure at
the northwest corner of the site. Zhe fence W-11 match the fencing
separating other residential properties frau the site. Work shall be
completed prior to operation of the school.
5. FL7IUP.E INGRESSIDMIESS EASEMENTS
The applicant shall record an agreement to participate in reciprocal
access easements with the adjoining property owner(s) to the north and
south to be implemented when said property owner(s) are obligated to
participate in similar agreements.
Resolution No. 4195 (16-U-89) 9/11/89
Page -g-
PASSID AND ADOPTED this 11th day of September, 1989 at a Regular Meting of the
Planning Cmmdssion of the City of Cupertino by the following roll call vote:
AYES: CCH IISSICNERS: Claudy, Mackenzie, Sorensen, Szabo, Chairman Adams
NOES: OaMSSIONER.S: None
ABSTAIN: 022 IISSIONERS: None
ASSENT: CONAIISSIONERS: None
/s/ Robert Cowan
Robert Cowan
Director of Community Development
peresos/rso16uB9
/s/ Victor Adams
Victor Adams, Chairman
Cupertino Planning Cmnission
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