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<br />£//1 - / <br /> <br />REPORT <br /> <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />EXECUTIVE SUMMARY <br /> <br />May 23, 2005 <br /> <br />Subject <br />Appeal of a Use Permit for High Tech High Bayshore, a public charter high school <br />proposing to locate at 890 Broadway. <br /> <br />Recommendation <br />Deny the appeal and uphold the Zoning Administrator's decision to approve the Use Permit <br />for High Tech High Bayshore based on Findings contained in this report and received in <br />oral and written testimony, and subject to Conditions of Approval specified in the Notice of <br />Official Action. <br /> <br />Issue <br />The Zoning Administrator approved a Use Permit for High Tech High Bayshore on April 19, <br />2005. The property is located within the Industrial Restricted (IR) Zoning District. Public <br />uses, such as public schools, are permitted by right in the IR Zoning District, and thus are <br />not subject to City review for land use entitlements, such as through a Use Permit. High <br />Tech High Bayshore's Use Permit is not for the school use; but rather for two proposed <br />aspects of the school's operation: outside uses of the site and reduced parking provisions. <br />The Use Permit decision was appealed by an adjacent land owner. The appellant cites <br />several issues upon which the appeal is based including safety; traffic and parking rnpacts; <br />and land use compatibility concerns. <br /> <br />Major Findings <br />. The establishment, maintenance, and operation of the proposed use will not, under <br />the circumstances of this case, be detrimental to the public health, safety, peace, <br />morals, comfort, or general welfare of persons residing or working in the <br />neighborhood, including the students and staff of High Tech High Bayshore. <br />. The establishment and operation of the proposed use will not be detrimental or <br />injurious to property or improvements in the neighborhood. <br />. The establishment and operation of the proposed use will not be detrimental or <br />injurious to the general welfare of the City, <br />