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U-1989-09b9-U-89 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTICN NO. 4182 •' / I I / •• 1 • • 1 N C • • •]IY 1 • WHEREAS, the Planning Coimnission 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 Cmmdssicn 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 acroim odate 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. I� '�1t1�. �I:i�al;i�l■clai4li:+a-?i3i�ii�/A 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 eonditians which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusicns upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 9-U-89 as set forth in the Minutes of the Planning Commission Meeting of June 1.2, 1989, and are incorporated by reference as though fully set forth herein. 0 Resolution No. 4182 (9-U-89) 7/10/89 Page - 2 - SECTION II: PFiG17ECP DESC RIPTI(Nd APPLICATIONNO APPLICAN'r: University of San Francisco PROPE1M OWNER: Seet Family Trust LOCAMON: space within the Cc—mrercial center lgqAted on the north side of Bollinger Road, west of Do Anza Boulevard SECTION III: CONDITIONS TO BE AEMINISTERED BY 111E C"IJNM DEVELORWM • 1. APPROVED EXHIBrrS The recommendation of approval is based on Floor Plan and Site Plan exhibits of Application 9-U-89, except as said exhibit may be amended by the Conditions contained in this Resolution. 2. USE ISt=ATICkI The subject use permit authorizes operation of 3205± sq. ft. of specialized educational classroom space within the tenant space. 3. PARKING SOII7TI(kI Prior to initiation of the Use Permit for the proposed classroom space, the applicant in cooperation with the property owner, shall enter into an agreement which will run with the land for "satellite" parking located at the north end of .the K-Mart/bank site. 'This agreement is subject to review and approval by the City Attorney prior to recordation. 4. FUTURE INGRESS EGRESS EASEMENTS The applicant shall sign an agreement to participate in reciprocal ingress/egress easements with owners of adjoining properties. The agreement shall provide that reciprocal access shall be implemented at such time as the adjoining property owner(s) is obligated by the City of Cupertino to participate in a similar agreement. PASSED AND ADOPTED this loth day of .]tidy, 1989, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call Vote: AXES: ca MISSICNERS: Claudy, Mackenzie, Sorensen, chairman Adams NOES: CCMMIS.SIONERS: None ABSTAIN: COD4IISSIONERS: None ABSENT: CU01ISSICNERS: Szabo /s/ Robert Cowan Robert Conran Director of Community Development peresos\rso9u89 /a/ Victor J. Adams Victor Adams, Chairman Cupertino Planning Comaission CITY COUNCIL REFIItRAL - JULY 17, 1989 Application 9-U-89 and 17-EA-89 - University of San Francisco - Use Permit to operate a specialized educational institution enocapassing 9,200 sq. ft. of classroom area within an existing office building. The property is located at the northwest quadrant of Hollinger Read and De Anza Boulevard. ENVIRONMENTAL REVIEW: 'Ihe Planning Commission re=mm)ds the granting of a Negative Declaration. Recommended for Approval. '0 _�I� ., REF7-17(MISC) 0 r 6i i pn M•nue wMf� AGENM DATE JWv 17, 1989 1 OVIOM Application No(s): 9-U-89 and 17-EA-89 Applicant: University of San Francisco Property owner: Seet Family Trust Location: Northwest auadrant of Bollinger Road and DeAnza Boulevard Use Permit to operate a specialized educaticnal institution encompassing 3,200 sq. ft. of classroom area within an existing office building. This item was continued at the Applicant's request from Planning commission meeting of Oune 26, 1,989. The shopping center is located in the South DeAnza Boulevard conceptual Plan and is designated Planned Development with General commercial and office intent. The classroom use is consistent with the "commercial" General Plan designation and zoning restrictions. The General commercial ordinance requires classrooms to obtain a use permit prior to opening. • III IS. g: The University of San Francisco (USF) presently occupies 1,700+ sq. ft. of space without benefit of a use permit. Vihen USF was contacted in an effort to remedy this short coming, they noted their intent to expand their use to 3,205+ sq. ft. This raised issues related to the adequacy of available cn-site parking. A parking study for a previous parking demand study completed for Bathy's School of Dance indicated that there was adequate on -site for all users prior to the 1500+ additional square feet of classroom use. Under a "worst case scenario", USF's peak demand would occur only 2-3 times a week, during evening hours and during periods of consecutive classes. During these peak times, it is estimated that there could be up to 30 additional spaces needed. The Planning Ccu missicn recommends that, in order to mitigate this need and not impact the adjacent residential cn-street spaces, USF should provide for "satellite" parking on private property in close proximity to this site. this concern is reflected in eomditicns on the attached resolution. University of San Francisco (9-U-89) July 17, 1989 Page -2- Faci,procal Aooesa: Because the site was originally developed in San Jose, it was not subject to the city's usual requirement to participate in reciprocal access easements with adjoining properties. A condition of the Use Permit obligates the owners to file appropriate agreements for implementation of reciprocal access at such time in the future as mutual access corridors are deemed to be in the public interest. Javwalkirxx• The Planning Co mission discussed the likelihood of "Jaywalking" across Bollinger from the K-Mart parking lot if it is to be used for overflow parking. It was generally agreed that it would be difficult, at best, for the City to enforce a requirement for use of the crosswalk at DeAnza Blvd. Therefore, a condition to that effect was not made a part of the Resolution. Should the Council wish to consider such a condition, the following language is suggested: '"Ike University of San Francisco shall assume the r+espornsibility to monitor their students usage of off -site parking and take appropriate measures to discourage jaywalking across Bollinger Road, and to encourage the usage of the existing crosswalk at DeAnza Boulevard." ,a�.Yyia�i._4 • A) Ewircnmental Assessment: The Planning Com dwion recommends the granting of a Negative Declaration finding no significant impacts associated with the proposed use. B) Application 9-U-89 and 17-Eh-89: The Planning Ommnissicrn reoo®ends approval of the proposed Use Permit subject to the finding and conditions on the attached model Resolution. Enclosures: Planning Omission Resolution Number 4182 Staff Report dated JLnly 10, 1989 E nvi rormentwl Assessment Exhibits I Robert Cowan Dir. of Community Development reports\sum9u89 iPr Ci" of cupertf"o 10100 Inne nven— C, pwmno. Cahlonua 95014 Ielrphanc (400) 252.4505 August 4, 1989 University of San Francisco 7337 Bollinger Road Cupertino, CA 95014 P.O. Uok 500 Copenino, California 95015 CITY OOUNCIL ACTION - APPLICATION 9-U-89 - USE PERMTP TO OPERATE A SPECIALIZED EDUCATIONAL INSTIZUI'ION ENOOMPASSING 3,200 SQ. FT. OF CLASSROOM AREA WrM AN EXISTING OFFICE BUILDING - NOMMEST QUAMANr OF BOLLINGER ROAD AND DEANZA BOULEVARD This will confirm the action by the City Council at their meeting of July 1;1 17, 1989 at which your Application 9-U-89 was approved per the following conditions: 1. APPROVED EXHIBITS The reccamnendation of approval is based on Floor Plan and Site Plan exhibits of Application 9-U-89, except as said exhibit may be amended by the conditions contained in this letter. 2. USE 11MATION The subject use permit authorizes operation of 3,205+ sq. ft. of specialized educational classroom space within the tenant space. 3. PARKING SOUMON Prior to initiation of the Use Permit for the proposed classroom space, the applicant in cooperation with the property owner, shall enter into an agreement which will run with the land for "satellite" parking located at the north end of the K-Mart/bank site. This agreement is subject to review and approval by the City Attorney prior to recordation. A minimum of 50 parking spaces shall be provided. 4. FUIURE INGRESS AND EGRESS EASEI4EM The applicant shall sign an agreement to participate in reciprocal ingress/egress easements with owners of adjoining properties. 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