Reso 4953 18-U-85(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4953
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION FOR AN EXISTING
DAY CARE CENTER TO REMOVE SPONSORSHIP RESTRICTIONS,
ALLOW ENROLLMENT OF NON-APPLE COMPUTER EMPLOYEE
CHILDREN AND SIMPLIFY AND CONSOLIDATE EXISTING
USE PERMIT CONDITIONS
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II. of this Resolution; 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, e�ibits, testimony and other evidence
submitted in this matter, the application for Use Permit 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
18-U-85(M) set forth in the Minutes of the Planning Commission Meeting of, August 10,
1998, and are incorporated by reference as though fully set forth herein.
Resolution No. 4953 18-U-85(M) August 10, 1998
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SECTION II: PROJECT DESCRIPTION
Application No.: 18-U-85(M)
Applicant: Bright Horizons Children's Centers
Property Owner: Cupertino Union School District
Location: 10253 Portal Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. RESCINDING OF PREVIOUS CITY APPROVALS
The following city approvals are hereby rescinded: Planning Commission Resolution
Nos. 2639, 4020, 4565 and 4716, and City Council Action Letter granting Apple
Computer's appeal of conditions of 18-U-85(Amended) and dated February 23, 1987.
2. APPROVED EXHIBITS
The approval is based on the following exhibits, except as may be amended by conditions
contained in this resolution:
• Exhibit C 1 revision, titled: "Apple Daycare Center, Nan Allen School Site -
Landscape Plan, Phase I" labeled sheet 3 and dated 12/9/87.
• Plans titled "Addition and Renovation to Apple Computer Daycare Center, 10253
Portal Avenue, Cupertino, CA" consisting of two sheets and previously approved by
the City on October 10, 1994.
3. USE LIMITATIONS
Approval is granted to operate a pre-school, kindergarten and/or day care center with a
maximum enrollment of 95 children and 26 employees.
4. HOURS OF OPERATION
Hours of operation for the facility shall be from 7:00 A.M. to 7:00 P.M. weekdays.
5. LIGHTING
Lighting improvements shall be subject to staff review to ensure no spillover onto
adjacent residential properties and minimum glare.
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Resolution No.4953 18-U-85(M) August 10, 1998
Page-3-
6. PARK ACCESS
The property owner shall allow the City to continue to use an access drive connecting
Portal Avenue to the recreation building located at Portal Park. The property owner shall
sign an agreement, approved by the City Attorney, to implement this condition.
7. 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 parking impacts.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
8. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Ordinance No. 125
9. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones
unless storm drain facilities are deemed necessary by the City Engineer. Development in
all other zoning districts shall be served by onsite storm drainage facilities connected to
the City storm drainage system. If City storm drains are not available, drainage facilities
shall be installed to the satisfaction of the City Engineer.
10. LJNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino,
and shall coordinate with affected utility providers for installation of underground utility
devices. The developer shall submit detailed plans showing utility underground
provisions. Said plans shall be subject to prior approval of the affected Utility provider
and the City Engineer.
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Resolution No. 4953 18-U-85(M) August 10, 1998
Page-4-
1 l. DEVELOPMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for undergrounding of
utilities. Said agreement shall be executed prior to issuance of construction permits.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of
this Resolution conform to generally accepted engineering practices.
Bert Viskovich, City Engineer
PASSED AND ADOPTED this day of August 10, 1998, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Doyle, Harris, Stevens and Mahoney
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairwoman Austin
ATTEST: APPROVED: ,
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Robert S. Cowan O n Mahoney, Vice-c airman
Director of Community Development Cupertino Planning �nmission
g/planning//res/R 18u85m
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