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HomeMy WebLinkAboutCity Council Resolution 2520.1 RESOLUTION NO.: 2520.1 AMENDED RESOLUTION OF THE CITY COUNCIL OF TN_~ CITY OF SARATOGA UPHOLDING AND MODIFYING A DECISION OF THE PLANNING COMMItION 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 Hanson School (now known as the MeAuliffe School)located at 12211 Titus Avenue, such application being identified as UP-88-010, 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 application 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 heroin by reference. The City Council further noted that it was the policy 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 -1- 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 grated 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. Subject to prior written approval by the City Planning Director, Primary Plus may enter into contractual arrangements with other persons for the conduct of auxiliary programs within the space leased by Primary Plus from the School District; provided, however, such auxiliary programs shall be subject to all of the restrictions contained herein, including the restrictions relating to maximum number of students, age of students and hours of operation, and Primary Plus shall remain responsible for compliance with such restrictions. The Planning Director may deny approval of any proposed auxiliary program if he determines that the activity will violate any condition of the use permit or any provision of the City's Zoning Ordinance. Except as provided herein, any assignment by Primary Plus of any interest in its lease with the School District or any subletting of the premises by Primary Plus shall require a modification of the use permit. (b) The hours of operation for the Primary Plus program shall be 6:45 a.m. to 6:~10 p.m., Monday through Friday. In addition, a total of three evening or weekend activities shall be permitted during the school year. The Planning Director shall be notified at least 1~ days prior to holding each such activity. (c) The maximum number of students enrolled in the Primary Plus program, including any auxiliary programs conducted under the auspices of Primary Plus, shall not exceed 175, or the amount permitted by the State license, whichever is less. (d) No parking shall be allowed on Titus Avenue by the administrators or stag 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. In order to facilitate this determination, Primary Plus shall furnish to City, not later than 30 days prior to each periodic review of the use permit as described in Paragraph (J) below, an abstract of its log showing the daily arrival and departure times of all students attending both the child care program and any auxiliary programs conducted under the auspices of Primary Plus. (e) Access to the school site shall remain on Titus Avenue and no additional access from either Prospect Avenue or Melinda Circle shall be established. -2- (f) If determined by the City to be required, a crossing guard to assist children across Prospect Avenue shall be provided by the School District and/or Primary Plus, at their own expense. Nothing herein shall 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 shall 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 attendling the I-Iansen School and the Primary Plus program. (h) Any additional on-site signs shall 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 described in Paragraph (j) below, Primary Plus shall furnish to the City a roster showing the combined number of students attending both the child care program and any auxiliary programs conducted under the auspices of Primary Plus and the age 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. Such review shall be for the purpose of determining whether Primary Plus has complied with all of the conditions of the use permit and whether there is any need for a modification or amendment of such conditions. (k) All applicable requirements of state, county, city and other governmental agencies shall be satisifed. (4) This Resolution supersedes and cancels Resolution Number 2520, adopted by the City Council on November 2, 1988. (5) 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 21st day of December, 1988, by the following vote: Reeording requested by CITY OF SARATOGA After reeordation return to: CITY OF SARATOGA Planning Department 13777 Fruitvale Avenue Saratoga, CA 95070 USE PERMIT Pursuant to Resolution No. 2520.1, as adopted by the City Council of the City of Saratoga on December 21, 1988, a Use Permit is hereby granted to the Cupertino Union School District and Primary Plus to conduct a child care program at the MeAuliffe School (formerly known as Hansen School) located at 12211 Titus Avenue, Saratoga, California, subject to the following conditions: (a) The child care program shall be conducted only by Primary Plus, pursuant to its lease with the Cupertino Union School District. Subject to prior written approval by the City Planning Director, Primary Plus may enter into contractual arrangements with other persons for the conduct of auxiliary programs within the space leased by Primary Plus from the School District; provided, however, such auxiliary programs shall be subject to all of the restrictions contained herein, including the restrictions relating to maximum number of students, age of students and hours of operation, and Primary Plus shall remain responsible for compliance with such restrictions. The Planning Director may deny approval of any proposed auxiliary program if he determines that the activity will violate any condition of this Use Permit or any provision of the City's Zoning Ordinance. Except as provided herein, any assignment by Primary Plus of any interest in its lease with the School District or any subletting of the premises by Primary Plus shall require a modification of this 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 shall be permitted during the school year. The Planning Director shall be notified at least 15 days prior to holding each such activity. (e) The maximum number of students enrolled in the Primary Plus program, including any auxiliary programs conducted under the auspices of Primary Plus, shall not exceed 175, or the amount permitted by the State license, whichever is less. (d) No parking shall be allowed on Titus Avenue by the -1- administrators or staff of either the Hunsen 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. In order to facilitate this determination, Primary Plus shall furnish to City, not later than 30 days prior to each periodic review of this Use Permit as described in Paragraph (J) below, an abstract of its log showing the daily arrival and departure times of all students attending both the child care program and any auxiliary programs conducted under the auspices of Primary Plus. (e) Access to the school Site shah remain on Titus Avenue and no additional access from either Prospect Avenue or Melinda Circle shall be established. (f) If determined by the City to be required, a crossing guard to assist children across Prospect Avenue shall be provided by the School District and/or Primary Plus, at their own expense. Nothing herein shall 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 shall furnish to the City a description of plans adopted and actions taken or to be taken for the purpose encouraging and facilitating carpool arrangements for students attending the Hansen School and the Primary Plus program. (h) Any additional on-site signs shall 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 this Use Permit, as specified in Paragraph (j) below, Primary Plus shall furnish to the City a roster showing the combined number of students attending both the child care program and any auxiliary programs conducted under the auspices of Primary Plus and the age of each student. (j) During the first year after the date this 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 Pinning Commission annually. Such review shall be for the purpose of determining whether Primary Plus has complied with all of the conditions of this Use Permit and whether there is any need for a modification or amendment of such conditions. (k) All applicable requirements of state, county, city and other governmental agencies shall be satisifed. This Use Permit is issued in accordance with and shall be governed by the provisions of Article 15-55 of the Saratoga City Code. -2- The City of Saratoga reserves continuing jurisdiction over this Use Permit, and may modify or amend the conditions hereof at any time in accordance with the provisions of Section 15-55.100 of the Saratoga City Code. In consideration for the issuance of this Use Permit, the permit holders agree to defend, indemnify and hold the City of Saratoga and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the conduct of the activity authorized by this Use Permit. THE CIT~I~ SARA~J~)GA-~= Dated: , 1988. By ~- '~.-~ ~..~ /..~'L ~ '~.'~r' /~.~.~ Attest: ACCEPTANCE O1~ USE PERMIT The foregoing Use Permit is hereby accepted and the undersigned agree to observe and perform the conditions set forth therein. CUPERTINO UNION SCHOOL D!I~I'RICT Dated: , 1988. By PRIMARY PLUS Dated: , 1988. By -3-