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Reso 2987 APPLICATION 18-U-85 (AMENDED) CITY OF CUPERTINO 10430 SOUTH DE ANZA BOULEVARD CUPERTINO, CALIFORNIA 95014 RESOLUTION NO. 2987 OF THE PLANNING COMMIISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO EXPAND OPERATION OF AN EXISTING CHILD CARE FACILITY WITHIN A SURPLUS SCHOOL SITE BY INCREASING ENROLLMENT TO 150 STUDENTS AND EXPANDING STAFF TO INCLUDE A MAXIMUM OF 40 EMPLOYEES SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 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 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 property and improvements in the neighborhood. 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 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 (Amended) as set forth in the Minutes of the Planning Commission Meeting of January 26, 1986, and are incorporated by reference as though fully set forth herein. Rgsolution No. 2987 (18 U-85 (Amended) ) 1/26/86 Page - 2 - SECTION II: PROJECT DESCRIPTION • Application No(s) 18-U-85 (Amended) Applicant: Apple Computer Property Owner: Cupertino Union School District Location: West side of Portal Avenue across from Amherst Drive at 10253 Portal Avenue (Nan Allan School site) Parcel Area (AC) : 4.0 net SECTION III: COND1'1'1ONS TO BE ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 2. 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 on site storm drainage facilities connected to the City 111 storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 3. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other relate 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. 4. 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 fess, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 'Resolution No. 2987 (18-U-85 (Amended)) 1/26/86 Page - 3 - ID SECTION IV: CONDITIONS TO BE ADMINISTERED BY THE PLANNING DEPARTMENT 5. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A 1st Revision, B, C, C-1, C-2, D, E, F, and Informational of Application 18 U-85 (Amended) , except as may be amended by the Conditions contained in this Resolution. 6. USE LIMITATIONS The subject use permit authorizes expansion of the preschool, kindergarten, day care facility described under Condition 18 of _ Resolution 2639. Maximum enrollment may be increased to 150 students, served by a maximum on-site staff of 40 employees. 7. HOURS OF OPERATION Hours of operation described under Condition 17 of Resolution No. 2639 may extend frout 7:00 AM to 7:00 PM during weekdays. 8. LIGHTING Lighting improvements, shall be subject to review by staff to ensure no spillover onto adjacent residential property and minimun glare. 9. TRAFFIC GENERATION PERFORMANCE STANDARD Prior to activating the use permit, the applicant shall demonstrate. that the traffic levels will not exceed those generated-under the previous use permit approval (Application 18-U-85) granted to Small - Worlds (Maximum 352 trips) . Traffic reduction may be accomplished via any reasonable method including but not limited to the following: 1. Busing children and/or staff. 2. Limiting the nuMber of children in attendance in any one day. 3. Car pool programs. The program devised to comply with this performance standard shall be verified by a traffic engineer, presented to and accepted by the Planning Commission prior to issuance of building permits to move on the portable structures or modify the existing buildings. The Commission will consider the traffic strategy as a non-public hearing but will notify any residents who wish to be notified. The Commission may impose any reasonable requirement to ensure compliance with the performance standard. The use permit is subject to review and possible revocation if the performance standard is complied with. 411 Resolution No. 2987 (18 U-85 (Amended)) 1/26/86 Page - 4 - IP 10. MODIFICATION OF APPROVED DEVELOPMENT PLAN In the event that the applicant or subsequent property owner shall desire to make any minor changes, alterations or amendment of the approved development plan, a written request or revised development plan shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not result in a material affect upon the appearance or function of the project, said changes may be certified on the revised plan. If approval of said changes is withheld, the applicant may appeal to the Planning Commission. If the Director finds that the requested changes are material, such changes shall be referred to the Planning Commission for approval. If the changes are denied by the Planning Commission, the applicant may appeal to the City Council as provided in City Ordinance No. 652. If said changes are approved by the Planning Commission, an appeal may be made to the City Council by any interested party. Further, any Member of the City Council may request a hearing before the City Council regarding said approved changes. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. • PASSED AND ADOPTED this 26th day of January, 1987, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman MacKenzie NAYS: COMNIISSIONERS: None ABSTAIN: COMNIISSIONERS: None ABSENT: COMMISSIONERS: None ATIEST: APPROVED: D"Afg CaU-14A•1 ;>610,A,v1A.1_1(.:0 Robert S. Cowan Don MacKenzie, CI-Airman Planning Director Planning Commission RS18U85APP(BB)lvm