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1982-076-Modifying A Decision Of The Town Planning CommissionRESOLUTION NO, 1982 -76 RESOLUTION MODIFYING A DECISION OF THE TOWN PLANNING COMMISSION On March 15, 1982, the Council considered various appeals involving the Westerner Pre - School, including the appeals from the Planning Commission actions of August 12, 1981 and February 24, 1982, and determined, based on the evidence submitted, that the conditions on the Westerner use permit should be modified; IT IS THEREFORE RESOLVED: 1. The aforesaid Planning Commission decisions are modified to revise the conditions on the Westerner Pre - School use permit to read as follows: a. Usage of the pool is restricted to pre - school and nursery school age children, except for staff, instructors and the proprietors of the facility. b. Operating hours of the nursery school are restricted to between 8:00 a.m. and 5:30 p.m. After -hours meetings may be held, but the gate on Hershner Court shall be closed at 5:30 p.m. c. Operating hours of the pool are restricted to between 9:00 a.m. and 3:00 p.m., and the pool shall not be open Saturday or Sunday. Swinming instruction shall be limited to a six -week siumrer session, with no more than ten half -hour sessions each day, and shall not be conducted when school is not in session. d. The school shall activate and maintain an intercom system to alert teachers to prepare children for loading more readily. e. In order to reduce peak traffic flows, a separation of at least 30 minutes shall be maintained between the AM and PM sessions of the school. f. Parking for the school shall not be permitted on Hershner Court. g. The gate at the Hershner Court driveway shall be closed five minutes after the beginning of each session in normal school sessions, and shall not be reopened until ten minutes before the close of those sessions. h. No access shall be taken from Hershner Court for the stiunTer swimming program, and the school shall arrange for alternate parking facilities for persons using the school for swimming instruction. i. The entire use permit for the Westerner Pre - School shall be reviewed by the Planning Commission within one year from the date of adoption of this resolution, or sooner on petition of neighbors. 2. The Council finds that the Planning Commission erred in its decisions in that the conditions imposed on the school, while excellent, were not adequate to give coaplete protection to the neighborhood without the modifi- cations contained in this resolution. PASSED at a regular meeting of the Town Council of the Town of Los Gatos held on the 5th day of April _ 1982, by the following vote: AYES: COUNCIIvEMBERS Ruth Cannon, MarLyn J. Rasmussen and Brent N. Ventura NOES: COUNCUIvMBERS None ABSTAIN: COUNCILMMERS Thomas J. Ferri ABSENT: COUNCIIMffIBERS Mayor Peter W. Siemens SIGNED: ATTEST: Clerk of the — of Lg ' Gatos f -2-