U-1992-05bCity of Ctipertirw
10300 Torre A%enue P.O. Box SW
Cuperimi. CA 95014-3255 Cupertino, CA 95015-OSBO
Telephone: 140E 1 252.4505
FAX: 14MI 252-0753
OFFICE OF THE CITY CUM
Septanber 14, 1992
American Learning Corporation
165 North California Boulevard
Walnut Creek, California 94596
CITY COONCZ ACTICN - APPLICATIM NO. 5-U-92 - AMMICAN lEARl` M
CORPORATION - USE PERMIT TO OPERATE A LP -VW NG @TIER IN AN ESISM G
SHMPM CEVIER; TM PAY IS LOCAMM AT 20375 STEVENS CREEK BOMZVARD
At their regular meeting of septanber 8, 1992, the Cupertino City Council
approved your application per Planning Conmissi.on Resolution No. 4418 with
the following conditions:
SE Off III: _CCNDIr NS &Q=YSMW BY THE COMMOM 1A:VETdi= DEPT,
1. APPROVED ExHIDI S
The reomnnendation of approval is based on the Plan consisting of one
sheet dated July 30, 1992, except as may be amended by the conditions
contained in this Resolution.
2. AP MQ= =
The subject Use Permit grants the operation of a 1,127 sq. ft.
individualized instruction facility as outline in the applicants
letter of June 19, 1992, except as amended by the conditions herein.
3. PARKING DEFICIT
This Use Permit authorizes a center -wide parking deficiency of 21
spaces-
She planning Camiission reserves the riot to review this Use permit
or the Centers Use Permit, if parking problems arise. She Planning
C=MBsion may apply whatever omxUtions are necessary to correct the
parking shortage which may include a reduction of commercial/office
hours, carpools or other methodologies.
Subject to central Fire District approval, the applicant shall place a
bicycle rack outside the establishment with a nux m m holding of 10
bicycles or other number determined by staff.
���
Land Use intensity shall be limited to an intensity that will not
generate more than sixteen (16) one way trips per acre during the peak
traffic hour. Fbr purposes of ensuring compliance with the Traffic
Intensity Performance Standard, the following acoounting of trips is
hereby incorporated into the project approval:
TRIPS GUERAM BY C[Nl'Eht: 56.00
ADDITIfQ4AL TRIP (RATED BY USE: 1.00
TRIPS ALi[X'AT D TO PRO=T SITE: 58.90
SURPWS TxPS: 1.9
In the event that a development does not utilize the full 16 trips per
acre allotted by the trip end performance standard, the owner of
record shall have the ability to retrain, sell or transfer trips with
other property owners within the Traffic Intensity Performance
Standard Area. All sales or transfers of tripe shall be filed with
the Director of camw ty Development and the City Clerk. No sale or
transfer shall be considered finally consummated until a Use Permit
has been approved for the property to which the trips are to be
applied.
The developer shall record a covenant to describe the trip acre
constraint and the total number of trips allocated to the particular
development at the time of development approval. The covenant shall
appropriate working to suggest that future purchasers of the property
consult the individual Use Permit file to obtain an updated status
report of the total number of trips allocated to each particular
property.
rL1- n
Prior to occupancy the property owner shall provide proof that the
morusn nt sign received approval by the Architectural and Site Approval
Committee for five (5) business games per side and for the building
motmted sign on the detached office building "L.inotext". If approval
has not been granted by the Architectural and Site Approval Committee
for these signs, an application for approval shall be submitted prior
to occupancy or unapproved signs removed.
Please review eooditmw carefully. If you have any C regarding
the conditions of approval please contact the DeQarhoent of comouunity
Development staff mmmbers for clarification. Failure to inoarpamte
conditions into your plan set will result in delays at the plan cbedting
stage. If development eooditiAns require tree preservations, do not clear
the site until required tree protection devices are installed.
The expiration date for the use permit is September 8, 1994 (Section 6.4
of Ordinance No. 652 as revised by Ordinance No. 1136).
sincerely, a
A
WOLFE
DEPI7rY CITY CLERK
cc: Department of Cammmity Development
Department of Public Works
Bill McBee Antimony Iagorio
Cupertino Sanitary District Attorney At Law
20065 Stevens Creek Boulevard 300 Third St., Ste. 7
Cupertino, CA 95014 Ins Altos, CA 94022
Carla Wilkey
W.D.V. Properties
920 W. Fremont Blvd.
Sunnyvale, CA 94087
5-U -92
CITY OF C U P E R T I NO
10300 Ttorr'e Avenue
Cupertino, California 95014
RESOILMCN NO. 4418
WHEREAS, the Plarming commission of the City of Cupertino received an
application for a Use Permit, as described on Page 1 of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said
application.; and
iOOUW, the Planning Omission finis that the application meets the following
requirements:
a) That the proposed use and existing uses are in conformance with the
General Plan and with the Zoning designation for the site.
i
b) That the property and building area is of an adequate size and shape
to accommodate proposed use.
c) That the proposed use is otherwise not detrimental to health, safety,
neighborhoodpeace, and gawwal welfare of such persons residing or warkisg in the
d) Mie subject Use requires the same parking as the previous use and no
anticipated parking problems are expected.
NOW, THEREF iE, 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
recommended for approval, subject to the conditions which are enumerated in
this Resolution beginning cn Page 2 thereof; and
That the subconclusicns upon which the findings and ocnditions specified in
this Resolution are based and contained in the Public Hearing record concerning
Application 5-U-92 as set forth in the Minutes of the Planning Cumnission
Meeting of August 24, 1992, and are incorporated by reference as though fully
set forth herein.
Resolution No. 4418 (5-U-92) August 24, 1992
Page -2-
SDCiION TT: PRLl7FCP DESCf21PTION
Application No(s): 5-U-92
Applicant: American Learnina Ccroora ion
Property Owner: W.D.V. Prwerties
Project Location: 20375 Stevens Creek Blvd.
SECS N M• CONDITIONS ADKMSTERED BY THE CCtM iS7 'Y VZZffi2a= DEPTT
1. AMOVED EXHIBITS
Plan consisting of one sheet dated July 30, 1992, except as may be amended
by the conditions contained in this Resolution.
2. A�USE
The subject Use Permit grants the operation of a 1,127 scl. ft.
individualized instruction facility as outlined in the applicants letter of
June 19, 1992, except as amended by the oonditicns herein.
3. P DEFICIT
This Use Permit authorizes a center -wide parking deficiency of 21 spaces.
The Planning Commission reserves the right to review this Use Permit or the
Center's Use Permit, if parking problems arise. The Planning CoDmission
may apply whatever conditions are necessary to correct the parking shortage
which may include a reduction of ccmmercial/office hours, carpools or other
methodologies.
Subject to Central Fire District approval, the applicant shall place a
bicycle rack outside the establishment with a minimum holding of 10
bicycles or other number determined by staff.
4. TRM OONSIRP,INr
Land Use intensity shall be limited to an intensity that will not generate
mare than sixteen (16) on may trips per acre curing the peak traffic hoar.
For purposes of ensuring compliance with the Traffic Intensity Performance
Standard, the following accounting of trips is hereby inocrporated into the
project approval:
TRIPS GENERATED BY C TER: 56.00
ADDITIONAL TRIP GFNERAMM BY USE: 1.00
TRIPS AUDCATED TO PROM= SITE: 58.90
SLTd3U7S TRIPS: 1.9
Resolution No. 4418 (5-U-92) August 24, 1992
Page -3-
in the event that a development does not utilize the full 16 trips per acre
allotted by the trip end performance standard, the owner of record shall have
the ability to retain, sell or transfer trips with other property owners within
the Traffic Intensity Performance Standard Area. All sales or transfers of
trips Shall be filed with the Director of Planning and Development and the City
Clerk. No sale or transfer shall be considered finally consummated until a Use
Permit has been approved for the property to which the trips are to be applied.
The developer shall record a covenant to describe the trip acre constraint and
the total number of trips allocated to the particular development at the time
of development approval. The covenant shall appropriate warding to suggest
that future purchasers of the property consult the individual Use Permit file
to obtain an updated status report of the total mmiber of trips allocated to
each particular property.
S
Prior to oecupany the property owner shall provide proof that the monument meat sign
received approval by the Architectural and Site Approval Committee for five (5)
business names per side and for the building mounted sign on the detached
office building 'm notext°. if apprmal has not been cganted by the
Architectural and Site Approval Committee for these signs an application for
approval shall be submitted prior to occupany or unapproved signs removed.
PASSM AND ADOPTED this 24th day of August, 1992 at a regular meeting of the
Planning rr—iion of the City of Qipertino, State of California, by the
following roll can vote:
AYES: MEMBERS AUstinn, Mann, MdCenzie
NOES: MEMBERS None
ABS 3UN: M+ ERS None
ABSERr: MEMBERS Mahoney, Chairman Fazekas
ATrFST: APPROVED:
/S/ Robert Cowan
Robert Cagan —
Director of com izdty Development
PCRES0S/5-U-92
/s/ Daryl Fazekas
Daryl Fazekas, Chairman
Planning cxmmission
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11%23.93 11:00 $ a082520733 CITY CUPERTINO Ql001 001
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 2524505
• To: Mayor and City Councilmembers
Chairman and Planning Commissioners
From: Robert Cowan, Director of Community Development
Date: November 10, 1993
Subj: Administrative Denial of a Minor Change in a Project
Chapter 19.132 of the Cupertino Municipal Code provides for administrative
approval of minor changes in projects. The Director reports his decision to
the City Council and Planning Commission in time to allow any
Councilmember or Planning Commissioner to appeal the decision.
Application
Sylvan Learning Center, 20375 Stevens Creek Boulevard (St. Joseph's Center)
Description
• Request to expand a Use Permit to operate a learning center in an existing shopping center. The applicant's
specific request is described in the enclosed letter dated October 27, 1993.
Action
The Director of Community Development has denied the applicant's request in accordance with the
proc^.dural requirements of Chapter 19.132 of the Cupertino Municipal Code. The Director found that the
center is currently deficient in parking by 21 parking spaces. The proposed expansion would create a
further deficiency. Therefore, a variance would be required to approve a parking deficiency and variances
are not considered a minor change. The applicant was directed to complete a minor modification to the
existing use permit to be determined by the Planning Commission.
Enclosures:
Sylvan Learning Center Letter of October 27, 1993
� L.mntimcmo.11eanl
Post -It- brand tax transmittal memo 7671 I# oep.o„ .
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