EXC-2011-05b City of Cupertino
, . � 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C lJ P E RT 1 N t� FAX (408) 777-3333
Community Development Department
Apri129, 2011
Karl Shultz
Shultz & Associates
39350 Civic Center Dr. #308
Fremont, Ca. 94538
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-04, ASA-2011-05, EXC-2011-05
This letter confirxns the decision of the Planning Commission, given at the meeting of April 26, 2011,
approving a Use Permit to allow a child care facility with a pre-school and an after-school learning
program to operate at an existing 8,999 square foot commercial office building and an Architectural and
Site approval to allow minor fa�ade, landscaping and parking lot modifications for the new day care
facility and a Heart of the City Specific Plan Exception to allow non-commercial uses (a child care
facility) to exceed 25 % of the total building frontage along Stevens Creek Boulevard, located at 18900
Stevens Creek Boulevard, according to Planning Commission Resolution No. (s) 6629, 6630 and 6631.
Please be aware that if this Permit is not used within a two-year period, it shall expire on Apri126, 2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
� , �•
Piu Ghosh
Senior Planner
Planning Department
Enclosures: Resolution 6629, 6630 and 6631
CC: Lili Zhu & Louis Tseng 19220 Stevens Creek Blvd, Cupertino CA 95014
Nicholas Speno, 1142 S Winchester Dr, San Jose CA 94128
g:/planning/post hearing/actionletterU-2011-04,ASA-2011-OS,EXC-2011-OS
EXC-2011-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6631
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW
NON-COMMERCIAL USES (A CHILD CARE FACILITY) TO EXCEED 25 % OF THE TOTAL
BUILDING FRONTAGE ALONG STEVENS CREEK BOULEVARD
LOCATED AT 18900 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2011-05
Applicant: Karl Schultz/ Lili Zhu/ Louis Tseng (Sunflower Learning Center)
Property Owner: Nicholas Speno
Location: 18900 Stevens Creek Boulevard (APN: 37511 073)
SECTION II: FINDINGS FOR HEART OF THE CITY SPECIFIC PLAN EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Height Exception as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated
Negative Declaration,
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public
Hearing on this matter; and
WHEREAS, the Planning Commission finds the following with regards to the Heart of the City
Specific Plan Exception for this application:
1. The proposed development is otherwise consistent with the City's General Plan and
with the goals of this specific plan and meets the criteria that unique surrounding land
uses make it difficult to adhere to the development standards.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian
vehicular traffic.
4. The proposed development has legal access to public streets and public services are
available to serve the development.
5. The proposed development requires an exception, which involves the least modification
of, or deviation from, the development regulations prescribed in this chapter necessary
to accomplish a reasonable use of the parcel.
Resolution No.6631 EXC-2011-05 Apri126, 2011
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other
evidence submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on Page 2 thereof,:
1. A Mitigated Negative Declaration (file no. EA-2011-04) is hereby adopted; and
2. The application for an Exception to the Heart of the City Specific plan, Application no. EXC-
2011-05 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.(s) EA-2011-04
and EXC-2011-05 as set forth in the Minutes of Planning Commission Meeting of Apri126, 2011,
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. EXPIRY DATE
This exception effective for as long as the Use Permit for the Sunflower Learning Center
(File No. U-2011-04) is valid.
PASSED AND ADOPTED this 26th day of April 2011, at a regular meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Planning Commission
G: \ Planning � PDREPORT � RES � 2011 � EXG2011-05 Res.doc
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