Reso 4716 18-U-85 (Mod)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4716
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO INCREASE THE CAPACITY OF A
DAY CARE AT 10253 PORTAL AVE. FROM 85 TO 95 STUDENTS AND FROM 24 TO 26
EMPLOYEES, AND TO CLARIFY THE NATURE OF THE DAYCARE CENTER AS AN
APPLE COMPUTER-SPONSORED CENTER WHICH IS A CONTRACTED OPERATION
SERVING ONLY THE CHILDREN OF APPLE COMPUTER EMPLOYEES
SF.C'TION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
modification of a Conditional Use Permit, and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for use permit modification is hereby approved, 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 No. 18-U-85 (Mod.) as
set forth in the Minutes of the Planning Commission Meeting of June 10, 1996, and are
incorporated by reference as though fully set for herein.
Resolution No. 4716 18-U-95 (Mod) June 10, 1996
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 18-U-85 (Mod)
Applicant: � Apple Computer Inc.
Property Owner: Cupertino Union School District
Location: 10253 Portal Ave.
SE�TION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Site Plan Exhibits (2 Sheets), except as may be
amended by the Conditions contained in this Resolution.
2. RFPT,AC'F.M_F.NT OF CONDITION #2 OF RESOLUTION NO. 4565 AND CONDITION #6
OF CITY COUNCIL ACTION LETTER DATED FEBRUARY 23. 1987: USE LIMITATIONS
Condition #2 of Resolution No. 4565 and Condition #6 of City Council Action Letter dated
� 2/23/87 approving the appeal of Application No. 18-U-85 (Amended) aze rescinded in their
entirety and replaced with the following condition of approval:
The subject use permit modification authorizes expansion of the preschool, kindergarten,
daycare facility described under Condition #18 of Resolution No. 2639. In Phase I, the
m�imum enrollment is increased from 85 to 95 children and on-site staff from 24 to 26. In
Phase II the m�imum total enrollment for the facility is 150 children and 40 on-site staff.
The use permit is granted to Apple Computer, Inc., the sponsor of the facility. Apple
Computer may contract the operation of the daycare to an outside service provider solely for
the benefit of the children of Apple Computer employees. The use permit shall become null
and void in the event the sponsorship is transferred to another entity.
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3. PARKING
In the event there are off-site parking impacts, the Director of Community Development may
, initiate a Public Hearing before the Planning Commission in accordance with the procedural
requirements of the City's Municipal Code. The Planning Commission may impose
additional conditions on the use permit to resolve off-site pazking impacts.
Resolution No. 4716 18-U-95 (Mod) June 10, 1996
Page -3-
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PASSED AND ADOPTED this day of lOth day of June, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
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AYES: COMMISSIONERS: Austin, Harris, Mahoney and Chairman Roberts
NOES: COMMISSIONERS:
' ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
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ATTEST: AP V
E
Robert S. Cowan Paul Roberts, airman
Director of Community Development Cupertino Planning Commission
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