HomeMy WebLinkAboutCity Council Resolution 2520 RESOLUTION NO.: 2520
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING AND
MODIFYING A DECl]SION OF THE PLANNING
COMMIBSIOR
WHEREAS, The Cupertino Union School District and Primary Plus, the
applicants, have applied to the City of Saratoga for a use permit to allow a child care
program to be conducted by Primary Plus at the Hansen School (now known as the
McAuliffe School) located at 12211 Titus Avenue, such application being identified as
UP-88-0 10, and
WHEREAS, on August 10, 1988, August 16, 1988 and September 14, 1988,
the Planning Commission of the City of Saratoga conducted public hearings on said
application, and following the conclusion thereof, the Planning Commission approved
the applieation subject to various conditions; and
WHEREAS, Christopher Taaffe has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on October 19, 1988, the City Council conducted a de novo
public hearing on the appeal, at which time any person interested in the matter was
given an opportunity to be heard; and
WHEREAS, the City Council reviewed and considered the staff reports,
minutes of proceedings conducted by the Planning Commission relating to the
application, and the written and oral evidence presented to the City Council in support
of and in opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga, at its
meeting on October 19, 1988, by a vote of 4-1 with Councilmember Clevenger
dissenting, did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed and modified as
set forth below.
2. The City Council agreed with the findings and conclusions of the
Planning Commission as contained in Resolution No. UP-88-010
adopted on September 14, 1988, and as set forth in the Staff Report
to the Planning Commission dated August 10, 1988, and the same are
incorporated herein by reference. The City Council further noted
that it was the pelicy of the City, as articulated in the General Plan,
to preserve school sites in order to provide open space and
recreational facilities for the community and the proposed use will
assist the School District in retaining this site. Potential adverse
impacts from the operation of the child care program will be
mitigated by the conditions of approval and periodic review of the
operation will determine whether such conditions are adequate.
Moreover, the use permit process will enable the City to exert more
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control over the operation than would be the case if a child care
program was being conducted directly by the School District.
(3) The use permit was granted subject to the following conditions which
supersede the conditions imposed by the Planning Commission to the
extent of any inconsistency therewith:
(a) The child care program shall be conducted only by Primary
Plus, pursuant to its lease with the Cupertino Union School
District. No other uses or programs shall be allowed and no
assignment or subletting by Primary Plus of any interest in its
lease shall be made without the prior approval of the City
through modification of the use permit.
(b) The hours of operation for the Primary Plus program shall be
6:45 a.m. to 6:00 p.m., Monday through Friday. In addition, a
total of three evening or weekend activities shah be permitted
during the school year. The Planning Director shah be notified
at least 15 days prior to holding each such activity.
(c) The maximum number of students enrolled in the Primary Plus
program shall not exceed 1757 or the amount permitted by the
State license, whichever is less.
(d) No parking shall be allowed on Titus Avenue by the
administrators or staff of either the Hansen School or Primary
Plus, or by persons who are delivering or picking up children
attending the school or enrolled in the child care program.
Additional on-site parking shall be provided if determined by
the City to be necessary in order to accommodate the regular
volume of traffic.
(e) Access to the school site shall remain on Titus Avenue and no
additional access from either Prospect Avenue or Melinda
Circle shah be established.
(f) If determined by the City to be required, a crossing guard to
assist children across Prospect Avenue shah be provided by the
School District and/or Primary Plus, at their own expense.
Nothing herein shah prevent either the School District or
Primary Plus from utilizing the services of a crossing guard in
the absence of a request from the City to do so.
(g) The applicants shah furnish to the City a description of plans
adopted and actions taken or to be taken for the purpose of
encouraging and facilitating carpool arrangements for students
attending the Hansen School and the Primary Plus program.
(h) Any additional on-site signs shah comply with Section 15-30.080
of the City Code.
(i) The Primary Plus program shall be limited to preschool children
and children attending grades K through 6. Not later than 30
days prior to each periodic review of the use permit, as
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specified in Paragraph (j) below, Primary Plus shall furnish to
the City a roster of its students showing the name, address,
age, and usual time of arrival and departure of each student.
(j) During the first year after the date the use permit is granted,
the use permit shall be reviewed by the Planning Commission
every 4 months. Thereafter, the use permit shall be reviewed
by the Planning Commission annually.
(k) All applicable requirements of state, county, city and other
governmental agencies shall be satisifed.
(4) The Cupertino Union School District and Primary Plus shall indicate
their acceptance of the use permit, subject to the conditions set
forth above, within 30 days after the date this resolution is adopted;
otherwise, the granting of said use permit shall be null and void.
***
The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 2nd day of
November, 1988, by the following vote:
AYES: Councilmembers Moy].es~ Peterson~ Stutzmsn snd Mayor ~mde~son
NOES: None
ABSENT: Councilmember Clevenger
Mayor
ATTEST:
Ci~ Clerk
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