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U-1989-16bAMA Citt4 of CNpertilio 10300 Torre Avenue Cuperlino, California 95014 Telephone: (400) 252.4505 September 20, 19B9 Terry Silveria 20080 E. Rodrigues Avenue Cupertino, CA 95014 P.O. Box Sao Cuperlino, California 95015 CITY COUNCIL ACTION - APPLICATION 16-U-89 - USE PERMIT TO ALLOW OPERATION OF A SPECIALIZED SCHOOL WITHIN AN OFFICE/C=4ERCIAL CENTER IN ACCORMNCE WITH SECTION 6.K, ORD. 1344 OF OG ZONE - 10601 SOUM DEANZA BOULEVARD This will confirm the action by the City Council at their meeting of September 18, 1989 at which your Application 16-U-89 was approved per the j following conditions: 1. APPROVED EXHIIBITS The recc mlendation of approval is based on Exhibits of Site Plan and Tenant Plan, except as may be amended by the conditions contained in this letter. 2. USE LIMATION The subject Use Permit authorizes operation of a 1,065 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. CONSOLIDATE PARCELS 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 369-18-43. The agreement shall be reviewed by the City Attorney for form and content prior to recordation. The applicant may obtain subdivision approval to consolidate said parcels in lieu of the aforementioned parking agreement. 4. FENCING The owner shall replace the fence located behind the trash enclosure at the northwest corner of the site. The fence shall match the fencing separating other residential properties from the site. Work y shall be completed prior to operation of the school. 1. FVIVRE INGRESS/EGRESS EASUMnS The applicant shall record an agreement to participate in reciprocal access easements with the adjoining property owners) to the north and south to be implemented when said property owner(s) are obligated to participate in similar agreements. Please review conditions carefully. If you have any question regarding the conditions of approval please contact the Department of Community Development staff m mbers for clarification. Failure to incorporate conditions into yam plan set will result in delays at the plan duecking stage. If development conditions require tree preservations, do riot clear the site until required tree protection devices are installed. The expiration date for the use permit is September 18, 1991 (Section 6.4 1 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, DOROTHY CORNS, CMC CITY CUMK or: Department of Community Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Kenneth Frangadakas 10383 Torre Avenue, #I Cupertino, CA 95014 16-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 ap plication 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 recommrended 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. I I- 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 from the site. Work shall be completed prior to operation of the school. 5. FUTUP.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) 9/11/09 Page -g- PASSID AND ADOPTED this 11th day of September, 1909 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 /sl Robert Cowan Robert Cowan Director of Community Development peresos/rso16uB9 /sl Victor Adams Victor Adams, Chairman Cupertino Planning Cmnission IN I SKETCH ADODNOVM I1 e�l�j yy��pa� 1Gw� ��yl�jLl ■ee t....e WX•r•l.nt. rl.r M.. Iu4 , 'N•rll►n tth[ I 11�1to C000ut.l. I D..ttn tutu • Y.C.nt Chlto�.e[Le Ifl 191{-'ll)L j/31- i I j . TI L101� of . .. _-SSI-f�17 ...... 1100 !/ ... _ . _ ..l100.31.. I i j i ' I I11 Atl S�7•u Trpnta Intunttlo .l C•ll fe Colt L I 11. • {u.p ,�I � 169 j'17 1311. "331o12�1 " • `S37 D► ';'li i'I�'�T .I 1,r1, 1016./►. `==q� I. " I' 'A►01 t• ►.. t... T 9hnelol7 p 11 I.! 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