Reso 24974
40-U-83
RESOLUTION NO. 2497
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO OPERATE A
PRIVATE TECHNICAL SCHOOL AT THE EXISTING SEDGEWICK
ELEMENTARY SCHOOL SITE.
APPLICANT: Sysorex Institute
ADDRESS: 10590 Tantau Avenue, Cupertino, California 95014
SUBMITTED: December2, 1984
LOCATION: Southwest corner of Tantau Avenue and Phil Lane
FINDINGS AND SUBCONCLUSIONS:
Approval is subject the findings as set forth on Page 1 and
subconclusions as set forth in the minutes of the Planning
Commission meeting of April 9, 1984.
CONDITIONS OF APPROVAL:
1-14. Standard Conditions to the extent that they do not conflict
with the special conditions enumerated herein. In the
event a conflict does exist, the special conditions as
enumerated herein shall apply.
15. The approval is based upon Exhibit A of Application 40-U-83
as may be amended by additional conditions contained
• herein.
16. The approval is granted to allow a private technical school
to operate from 8 a.m. to 10 p.m. with a maximum student
enrollment not to exceed 600 which shall be distributed not
to exceed a total of 230 students and employees at or
entering the facility at any one time. The number of
students and employees during evening hours (after 6 p.m.)
shall not exceed 130. The applicants shall provide
certification of the enrollment and class schedules to the
City of Cupertino Planning Department prior to commencement
of classes on either a quarterly or semester basis.
17. The parking area shall be fully improved with a minimum of
230 parking spaces and shall be adequately lighted,
throughout the parking area and landscaped to provide
screening and interior shading of the parking area.
Additionally, the applicant shall prepare detailed site
improvement, building renovation - and landscaping
improvement plans. The site improvement, landscaping and
parking improvement shall be submitted informally to the
Architectural and Site Approval�Committee for approval.
CITY
City Hall,
Cupertino,
Telephone:
RESOLUTION OF THE PLANNING
GRANTING A USE PERMIT
i
OF CUPERTINO
i
10300 Torre Avenue
California 95014
(408) !' 252-4505
COMMISSION OF THE
WHEREAS, the Planning Commission of the City
an application for a USE PERMIT, as stated on
I
WHEREAS, the applicant has met the burden of
support said application; and
WHEREAS, the Planning Commission finds that the application meets
the following requirements:
CITY OF CUPERTINO
of Cupertino received
Page 2; and
proof required to
a. That the use or uses arelin conformance with the General
Plan and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed
use is to be located.
'I
b. That the property involved is adequate in size and shape to
accommodate the proposeduse.
C. That the proposed use will not generate a level of traffic
over and beyond that of the capacity of the existing street
system.
d. That the proposed use islotherwise not detrimental to the
health, safety, peace, morals and general welfare of persons
residing or working in the neighborhood of. such proposed
use nor injurious to property and improvements in the
neighborhood.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matted, the application of the USE PERMIT
be, and the same is hereby granted, subject to the conditions stated
on Page 2; and I
BE IT FURTHER RESOLVED:
I'
That the aforementioned fidningsbe approved and adopted, and that
the Secretary be, and is hereby directed to notify the parties affected
by this decision.
4G-U-e4
Planning Commission Resolution No. 2497 (continued)
18. The applicant shall monitor traffic volumes, noise and
parking during the' first six months of operation and
prepare a follow-up report which shall be submitted to the
Planning Commission and City Council for review.
The applicant shall sign a statement agreeing to modify
hours of operation, class schedules, student enrollment
and/or provide any other solutions agreed to by the
Cupertino City Council, if significant traffic noise, or
parking problems result. Significant problems are defined
as any impact exceeding those identified in the George
Nolte Traffic and accompanying Noise Report and/or any
public nuisance as identified by the Cupertino City
Council.
19. The applicant shall be responsible for bringing all
perimeter street improvements up to City of Cupertino
standards. Perimeter street improvements include curb,
gutter, sidewalk, half -street paving, and undergrounding of
utilities for the entire street frontage of the Sedgewick
Elementary School site.
20. The applicant shall install a solid acoustical barrier
which may be made of a wood material around the west and
south border of the parking area. Said acoustical barrier
• shall be reviewed by and constructed under supervision of
an acoustical engineer to maximize reduction of noise
levels from the parking area.
21. In the event that the applicant or subsequent property
owner shall desire to make any minor change, alteration or
amendment in .the approved development plan or building
permit, a written request and revised development or
building permit shall be submitted to the Director of
Planning and Development. If the Director of Planning and
Development makes a finding that the changes are minor and
do not affect the general appearance of the area or the
interests of owners of property within or adjoining the
development area, the Director of Planning and Development
may certify the change on the revised plan. If such
approval is withheld, the applicant may appeal to the
Planning Commission.. If the changes are material, the
Director of Planning and Development shall submit the
change to the Planning. Commission for appral. If the
change is denied by the Planning Commission, the applicant
may appeal to the City Council as provided in Ordinance No.
652 of the City of Cupertino. If the change is approved,
an appeal may be made by an interested party. Further, any
member of the City Council may request a hearing before the
Council, said request to be made within ten (10) days from
• date of approval - when the change has been approved by the
Planning Commission.
-2-
40-U-B3
Planning Commission Resolution No. 2497 (continued)
22. Pedestrian access to the turfed open space area shall be
provided along the Tantau Avenue frontage. Additionally,
play equipment, presently located adjacent to the school
building, shall be moved to the turfed area.
23. The applicant shall reimburse the City of Cupertino for the
cost of providing a crossing guard to assure pedestrian
safety adjacent to the proposed project. Said crossing
guard shall be utilized in a manner consistent with the
attendance hours of the nearby Fremont/Older Elementary
School.
PASSED AND ADOPTED this 9th day of April, 1984, 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, Koenitzer, Chairperson
Blaine
NAYS: None
ABSTAIN: None
ABSENT: Commissioner Szabo
ATTEST: APPROVED:
_ /s/ James H. Sisk /s/ Sharon Blaine
-----------------------
James H. Sisk Sharon Blaine, Chairpe-r-so-
n
Planning Director Planning Commission •