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HomeMy WebLinkAboutReso 2784APPLICATION: 1-U-86 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2784 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MASTER USE PERMIT TO ALLOW PUBLIC, QUASI - PUBLIC USES, PRIVATE EDUCATION, DAY CARE, EXERCISE CLASSES, AND COUNSELING SERVICES AT THE EATON AND FREMONT OLDER ELEMENTARY SCHOOL SITES. 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(s) 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 beyond 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 use, nor injurious to property and improvements in the neighborhood. e) Additionally, the Planning Commission finds that the Conditions of Approval limit intensity equivalent to operation of the sites as public schools. 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 - 1 - RESOLUTION No. 2784 (1-U-86) 03/24/86 Page - 2 - -------------------------------------------------------------------------- BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 1-43-86, as set forth on Pages 2 through 6 of the Minutes of the Planning Commission Meeting of March 24, 1986, and are incorporated by reference as though fully set forth herein. SECTION II: APPLICATION DESCRIPTION APPLICANT: Cupertino Union School District ADDRESS: 10301 Vista Drive, Cupertino, CA. 95014 SUBMITTED: December 24, 1985 LOCATION: Eaton School is located on Suisun Drive; Fremont Older School is located on Calle de Barcelona, west of Miller Avenue. SECTION III: CONDITIONS TO BE ADMINISTERED BY PUBLIC WORKS DEPARTMENT 1) STREET fl VIIvIENI'S & DEDICATION Street widening, improvements, and dedications shall be in accordance with City Standards and specifications and as required by the City Engineer. 2) CURB, GUTTER & SIDEWALK Curbs, gutters, sidewalks and structures shall be installed to grades and to be constructed in accordance with standards specified by the City Engineer. 3) LIGHTING Street lighting shall be installed and shall be as approved by the City Engineer. On -street lighting shall be as required by the Architectural and Site Approval Committee and ordinances and regulations of the City. All on and off -site lighting shall be designed to in no way interfere with adjacent areas and shall be no higher than the maximum height permitted by the zone in which the property is located. 4) FIRE HYDRANTS Fire hydrants shall be located as required by the City. 5) TRAFFIC CONTROL SIGNS Traffic control signs will be placed at locations to be specified by the City. RESOLUTION No. 2784 (l -U-86) Page - 3 - 6) STREET TREES 03/24/86 Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with Ordinance No. 125. 7) UNDERGROUND UTILITIES The applicant shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The applicant shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) SECTION IV: CONDITIONS ?flV1INISnIERED BY THE PLANNING DEPARTMENT 8) APPROVED SITE PLAN The location of all buildings, fences, roadways, parking areas, landscaping and other facilities or features shall be as shown on the site plan submitted, except or unless indicated otherwise herein. Parking must meet the requirements set forth in Cupertino City Ordinance No. 002(q) and must be in accordance with the approved plot plan. 10) APPROVED EXHIBITS That the recommendation of approval is based on Exhibits A, A -1, A-2 and A-3 of Application 1 U-86 except as may be amended by special conditions enumerated herein. 11) MODIFICATION OF APPROVED DEVELOPMENT PLAN 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 plan or building permit shall be submitted to the Director of Planning and Development. If the Director 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 may certify the change on the revised plan. If such approval is witheld, the applicant may appeal to the Planning Commission. If the changes are material, the Director RESOLUTION No. 2784 (l -U-86) 03/24/86 Page - 4 - -------------------------------------------------------------------------- shall submit said changes to the Planning Commission for approval. If the change is denied by the Planning Commission, the applicant may appeal to the City Council as provided in Ordinance 652 of the City of Cupertino. If the change is approved, an appeal my be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from the date of approval - when the change has been approved by the Planning Commission. 12) PROHIBITION OF NOISEMAKING DEVICES No public address or paging system, powered megaphone or similar noisemaking device will be permitted outdoors at any time. 13) ALLOWED USES Approval is granted for the following uses or combination of uses: (1) Day Care Programs for children or adults. (2) Exercise Classes. (3) Counseling Programs sponsored or operated by a public or private non-profit agency. (4) Private Education including the following: a) Pre-school b) Adult Education c) Technical and Specialized Training d) Fine Arts/Dance Classes 14) HOURS AND DAYS OF OPERATION Hours of operation shall be from 6:30 A.M. - 8:00 P.M. Monday through Friday for day care uses and 8:00 A.M. - 8:00 P.M. Monday through Friday for all other uses. Uses on Saturday shall operate between 9:00 A.M. and 3:00 P.M. Uses may not operate on Sundays with the exception of incidental activities cited in Condition 22 and uses exempted from city review under the Civic Center Act. 15) 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 1.5 one-way trips per student during weekdays which translates to 27.6 trips per 1,000 sq. ft. of gross floor area. Activities on Saturdays shall be based on a generation of .5 trips/student. The following calculation was used to determine the maximum daily trips which may be generated: Total Trips Trips/1000 Sq.Ft. 545 students x 1.5 = 818 - 29,600 = 27.6 trips per 1,000 sq. ft. 545 students x .5 = 272 - 29,600 = 9.2 trips per 1,000 sq. ft. RESOLUTION No. 2784 (1-U-86) 03/24/86 Page - 5 - -------------------------------------------------------------------------- Generation levels for non-public school uses shall be based on 4 trips per student or participant for activities with extended hours of operation requiring the dropping off and later picking up of participants. Activities with sessions lasting for short periods of time where participants arrive, stay for the activity, and then leave shall be calculated at the ratio of 2 trips per participant, and employee or instructor. Combination activities or uses not classified above may require a traffic study by a traffic engineer to ensure the school site does not exceed public school traffic levels, at the discretion of the Director of Planning and Community Development. Organized busing/car pooling programs may affect the trip generation levels but shall be subject to verification at anytime and possible modification of use intensity to comply with the projected traffic performance standard. 16) INCIDENTAL ACTIVITIES CONDUCTED ON A MONTHLY OR WEEIJY BASIS Incidental activities conducted by civic organizations may continue to operate at school sites including but not limited to the following: - Sports Leagues - Civic Group Events Including Fund Raisers 17) PARKING The parking supply/demand shall be evaluated by the Director of Planning and Development prior to granting permission to operate. Minor modifications/expansions of parking lots may be approved by the staff. Significant enlargements shall require informal review and approval by the Planning Commission. 18) LIGHTING Parking lot lighting shall be required for any site with uses operating during late fall or winter months, beyond 6 p.m. subject to review and approval by staff. The applicant/School District shall submit a "request to operate" to the Director of Planning and Community Development at least one month prior to the proposed operating date. The request shall outline the following specific information relating to the specific uses: 1. Use Description 2. Hours of Operation 3. Number of Students/Participants 4. Number of Employees/Teachers/Operators 5. Number of Special Purpose Vehicles RESOLUTION No. 2784 (1-U-86) 03/24/86 Page - 6 - -------------------------------------------------------------------------- 6. Sessions per Day and Times 7. Square Footage 8. Parking Available and Proposed 9. Existing Uses Including Above Items 1-8 10. Lighting Plan if Applicable 11. Proposed Lease Agreement The Director of Planning and Community Development shall review the proposed use and determine consistency with the Conditions of Approval and any on -site improvement requirements. Any disputes concerning conditions or uses may be referred to the Planning Commission for interpretation at the request of the staff or applicant. Additionally, the Director of Planning and Community Development may refer any use for informal review by the Planning Commission which by its nature may be incompatible with the surrounding neighborhood due to noise, dust, preemption of the open field areas, etc. 20) REVIEW IN ONE YEAR The subject application shall be reviewed by the Planning Commission one year from the date of this approval. Said review shall include formal notice and readvertisement. The conditions of approval, including mix of permitted uses, shall be subject to review and modification to correct any significant impacts. 21) EXISTING USE PERMITS Conditions of approval for applications 15-U-84 and 20-11-84 shall remain in full force and effect. 22) RENTAL/LEASE AGREEMENTS Rental and lease agreements shall advise operators of the conditions imposed by the City to ensure compliance with these conditions. A copy of the agreement shall be filed with the City of Cupertino Planning Department. 23) PUBLIC HEARING AND NOTICE The applicant shall notify residents within 300 ft. of the perimeter property line of each school upon receipt of a request to lease space at the Eaton or Fremont Older school sites. Said notice shall inform residents of their right to request a review of the proposed use by the Planning Commission and shall inform them of the next available Planning Commission meeting. The resident may present evidence to support their request. The Planning Commission shall informally review the request and determine if sufficient questions exist to require a public hearing. The public hearing shall be processed as an interpretation of a use permit. RESOLUTION No. 2784 (1-U-86) 03/24/86 Page - 7 - -------------------------------------------------------------------------- PASSED AND ADOPTED this 24th day of March, 1986, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Sorensen, Adams, Chairman Szabo NAYS: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Claudy, Mackenzie ATIEST: Robert S. Cowan Planning Director RES1U86(5) Nicholas Szabo, Chairman Planning Commission