1989-047-Approval Of Planning Commission Approval Of Conditional Use Permit Application Requesting Permission To Operate A School-Age , Before And After School, Care Facility In The R-1:8000 ZoneRESOLUTION: 1989 -47
RESOLUTION OF THE TOWN OF LOS GATOS DENYING
APPEAL OF PLANNING COMMISSION APPROVAL OF
PLANNING COMMISSION APPROVAL OF CONDITIONAL
USE PERMIT APPLICATION REQUESTING PERMISSION
TO OPERATE A SCHOOL -AGE, BEFORE AND AFTER
SCHOOL, CARE FACILITY WITHIN AN EXISTING
CHURCH FACILITY IN THE R- 1:8000 ZONE
(16575 SHANNON ROAD - PEPPERTREE SCHOOL)
WHEREAS:
A. Walter Huff and Paul Grams have appealed a decision of the Planning
Commission as follows: approval of Conditional Use Permit Application U- 78 -19A,
requesting permission to operate a school age, before and after school, care facility within
an existing church facility in the R- 1:8000 zone on property located at 16575 Shannon Road
and owned by Presbyterian Church of Los Gatos and application by Peppertree School; and
B. A public hearing was held by the Town Council on March 20, 1989.
RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was presented
that the Planning Commission erred.
B. The Town Council hereby further makes the following findings to grant the
Conditional Use Permit:
1. The proposed uses are desirable to the public convenience or welfare as it
provides a desperately needed public service of quality educational day care.
2. The proposed uses will not impair the integrity or character of the zone
because it uses existing classrooms in an existing church and there is an nearby
existing public school with which it cooperates and there has been an existing nursery
school for twenty years at the site.
3. The proposed uses are not detrimental to the public healthy safety or general
welfare because there is mitigation by van pooling; the afternoon peak hour trips are
spread over the hours from 3:00 p.m. to 6:00 p.m.; the trips are linked to another
trip to or from work or are pass -by traffic; and there is adequate parking.
4. The proposed uses are in harmony with the General Plan which allows for
schools in residential zones.
C. Based on the foregoing findings, the Town Council hereby denies the appeals
and grants Conditional Use Permit Application U- 78 -19A subject to the following
conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The maximum enrollment of children cannot exceed 75.
2. Access to the property must be made from Cherry Blossom Lane and Blossom
Hill Road. Access from Shannon Road shall be discouraged.
3. The church and /or Peppertree School shall not put dumpsters along the fence
near Mr. Huff's property and they shall comply with the Town's sign
ordinance.
4. Parents shall be instructed to use the parking area adjacent to Cherry Blossom
Lane for drop off and pick up.
5. Additional landscaping shall be installed by the Church and the nursery school
along the westerly property line adjacent to the homes located on Magneson
Terrace. The location, quantity and type of plant material shall be subject
to the satisfaction of the Director of Parks, Forestry and Maintenance.
6. The plan for the landscaping shall be submitted for town review by July 1,
1989.
7. The landscaping shall be installed by January 1, 1990.
8. The Conditional Use Permit shall be reviewed by the Planning Commission
on March 28, 1990 to determine if the school is complying with all conditions
and whether any additional conditions are necessary to protect the
neighborhood.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the __4th day of A ril , _1989_ by
the following vote.
AYES: COUNCIL MEMBERS Brent N. Ventura
Robert L. Hamilton
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito
ABSENT: COUNCIL MEMBERS Mayor Joanne Ben -iamin Eric D Carlson
SIGNED:
J�AYOR OF THE TOWN OF OS GATOS
ATTEST:
CLERK OF THE TOWN OF 11PS GATOS
u
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