Reso 4457 18-U-85 (Modified)
h CITY OF CUPERTiNO
10300 Tone Avenue
Cupertino, California 95014
RESOLUTION NO. 4457
OF 'THE PLANNING COMIvIISSION OF TI� CITY OF CUPERTINO
APPROVING A USE PERNIIT TO LEASE 6 CLASSROOMS TO
TWO EDUCATIONAL INSTITUTIONS
( SECTION I: FINDINGS
WHEREAS, the Planning 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
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
I 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 properiy and improvements in the neighborhood.
e) That the Conditions of Approval limit intensity equivalent to operation of the sites as
public schools.
NOW, TI�REFORE, 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 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 18-U-85 (Modified) as set forth in the Minutes of the Planning
' Commission Meeting of June 14, 1993, and are incorporated by reference as though fully set forth herein.
1 SECTION II: PROJECT DESCRIPTION
Application No.: 18-U-85 (Modification)
Applicant: Cupertino Union School District
Properiy Owner: Cupertino Union School District
Location: Portal Elementary School
Resolution No. 4457 (18-U-85 (Modification) June 14, 1993
Page -2-
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SECTION III: CONDITIONS ADMINIST'ERED BY 'TI� COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on Planning Commission Resolution No. 2616 and Portal School
Lease Programs letter of May 17, 1993, except as may be amended by the Conditions contained in this
Resolution.
( 2. NOISEMAKING DEVICES
No public address system or paging system, powered megaphone or similar noisemaking device shall be
permitted outdoors at any time.
3. PARKING
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Parking shall be provided as required in the Cupertino Municipal Code.
� 4. BICYCLE PARKING
The applicant shall install secured bicycle racks commensurate with typical public schools.
5. USE LIMITATIONS
The Conditions of City Council letter dated February 17, 1987 shall remain in full effect. Approval is granted for
a master use permit to conduct private education including: elementary and junior high. Future private
� elementary and junior high users, which meet the provisions of this Resolution, will not be required to apply for
a use permit but may occupy space subject to obtaining a business license. Future non-educational users will be
' required to apply for a use permit.
� 6. HOURS AND DAYS OF OPERATION
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Uses on Saturday shall operate between 9:00
a.m. and 3:00 p.m. The uses may not operate on Sundays with the exception of those uses which are exempt
from City review (Civic Center Act).
' 7. TRAFFIC GENERATION PERFORMANCE STANDARDS
Projected levels of traffic shall not exceed that generated by the use as a public school facility based on a
maximum generation of 1.4 one-way trips per student or 14 trips per 1,000 square feet of building area. The
' following calculation was used to determine the maximum daily and peak hour trips which may be generated:
Activity Trip Rate Peak % Trip Generation Peak Trips
, Elementary 1.4/student 5% 840 (1) 42
(1) Based upon school average of 600 students
Resolution No. 4457 (18-U-85 (Modification) June 14, 1993
Page -3-
8. EXISTING USE PERMITS
Conditions of approval for the private daycare applications 18-U-85 and 18-U-85 Amended remain in full force
and effect.
9. RENTAL/LEASE AGREEMENT
. Rental and lease agreement shall advise operators of the conditions imposed by the City through Planning
Commission Resolution No. 2616 and this resolution to ensure compliance with the conditions.
10. AFTER SCHOOL CARE
The after school care for the private elementary and junior high school shall remain incidental to the primary
' schooling activity. The child-care facility shall be available only to those participants in the school programs
and not to the general public.
11. STATE LICENSING
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Due to the child-care activities, state licensing is required from the Department of Social Services. Provide proof
of licensing from this department prior to occupation.
PASSED AND ADOPTED this 14th day of June, 1993 at a Regular Meeting of the Planning Commission of the City
of Cupertino by the following roll call vote:
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AYES: COMMISSIONERS: Bautista, Doyle, Roberts and Chairwoman Austin
� NOES: COMMISSIONERS: None
' ABSTAIN: COMMISSIONERS: None
� ABSENT: COMMISSIONERS: Mahoney
ATTEST: APPROVED:
� C����. �
Robert Cowan Donna Austin, Chairwoman
Director of Community Development Cupertino Planning Commission
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