PC 2023-15CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2023-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT (U-2023-002) TO ALLOW FOR THE USE OF A FORMER PUBLIC
SCHOOL SITE FOR A PRIV ATE EDUCATIONAL FACILITY
LOCATED AT 1170 YORKSHIRE DRIVE
The Planning Commission recommends that the City Council:
1.Determine that the Project, as proposed, is categorically exempt from the
California Environmental Quality Act ("CEQA") per section 15301 (Existing
Facilities) of the CEQA Guidelines because it can be seen that the use of the existing
public school site as a private educational facility, involves only minor physical
changes to the site and therefore will result in negligible or no expansion of use;
and that none of the exceptions in CEQA Guidelines section 15300.2 apply;
2.Approve the Conditional Use Permit (U-2023-002) as indicated in Exhibit A.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 14'hday of November, 2023, by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Lindskog, Fung, Mistry, Madhdhipatla
COMMISSIONERS: Sffiarf
COMMISSIONERS: None
COMMISSIONERS: None
APPROVED:
Piu Ghosh
Planning Manager
Steven Scharf
Chair, Planning Commission
EXHIBIT A
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0. 2023-XX
A RESO[UTION OF THE CITY COUNCIL Or THE CITY OF CUPERTINO
APPROVING A CONDITIONAL USE PERMIT (U-2023-002) TO ALLOW FOR
THE USE OF A FORMER PUBLIC SCHOOL SITE FOR A PRIV ATE
EDUCATIONA[ FACILITY LOCATED AT 1170 YORKSHIRE DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Location:
U-2023-002
Grace Stanat on behalf of Tessellations
1170 Yorkshire Drive, APN: 362 08 001
SECTION II: FINDINGS FOR A USE PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a
Conditional Use Permit (U-2023-002) to consider the use of a former public school site for
a private educational facility;
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public
hearing in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons
set forth in the staff report dated December 5, 2023 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds that:
Resolution No.
Page 3
U-2023-002 December 5 2023
1. The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will not
be detrimental to the public health, safety, general welfare, or convenience;
The schoo7 is an existing facility a;nd only minor improvements are proposed as part of
this application to allow for operation as a private school site. Further, the operation of the
private school is seert as substantial(y similar to the previous operation as a public schoo7
and is therefore w'dl not be detrimental or injurious to properh) or improvements in the
vicinity a;nd wil7 not be detrimental to the public hearth, safety, general welfare, or
convemence
2. The proposed development and/or use will be located and conducted in a manner
in accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The Project, as proposed, wil7 be Located 07? an existing schoo7 site and will operate in a
manner that is substantially similar to previous uses at the site. The operation of a private
educational facilih) at this property is inn accord with the General Plan and the underlying
zoning regulations. The Project is categorically exempt from the Ca7ifor;nia
Environmental Qualih) Act ("CEQA") per section 15301 (Existing Facilities) of the
CEQA Guidedines, which applies to existing fac'dities that involve negligible or 7?0
expansion of existing or former use.
WHEREAS, the City Council is the approval authority for this project and is granted the
authority by the Municipal Code to exercise its independent judgment, based on the
record before it, for purposes of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council takes the following actions:
1. Exercises its independent judgment and determines that the Project is exempt
from CEQA pursuant to CEQA Guidelines section 15301. The Class I exemption
applies to existing facilities that involve negligible or no expansion of existing or
former use. The proposed project includes only minor alterations to the existing
school facility. Therefore, the proposed project would not involve the expansion
of the former use (Section 15301, Class 1), will not significantly expand the use
beyond the current use that already exists or previously existed, and will not have
a significant effect on the environment.
2. Approves the application for a Conditional Use Permit, Application no. U-2023-
002 subject to conditions which are enumerated in this Resolution beginning on
Resolution No.
Page 4
U-2023-002 December 5, 2023
PAGE 4 thereof. The conclusions and sub conclusions upon which the findings
and conditions specified in this resolution are based, including those contained in
the Public Hearing record concerning Application no. U-2023-002 as set forth in
the Minutes of City Council Meeting of December 5, 2023, are hereby incorporated
by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEP ARTMENT
1. APPROVED EXHIBITS
Approva} is based on the plan set entitled and documentation entitled "Regnart
Elementary School Fabric Shade Structure" prepared by i Parch Architect, consisting
of 8 sheets showing the existing site plan, and "Tessellations Project Description for
Cupertino Planning Division" and "Applicant Response # 1 (October 9, 2023)"
prepared by Tessellations School staff, consisting of 34 sheets, except as may be
amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to proper'ty boundary locations, building setbacks, properFy
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. CONCURRENT APPROV AL CONDITIONS
The conditions of approval contained in file no. EXC-2023-009 shall be applicable to
this approval.
3. EFFECTIVE APPROVAL DATE
This permit shall not be considered valid until the time Ordinance 2023-XX takes
effect, modifying the conditionally allowed uses in the BA zoning district.
4. USE APPROV AL
Approval is hereby granted to allow the operation of a private school with the
following functions:
* Pre-K through 9'h grade for up to 300 students and 85 staff operating from August
to June of each academic year, Monday through Friday, 6:30 a.m. to 4:00 p.m.
* An afterschool program hosting up to 125 of the students enrolled in the Pre-K
through 9" grade operation, occurring Monday through Friday from 4 p.m. to 6:30
p.m.
Resolution No.
Page 5
U-2023-002 December 5, 2023
* Up to seven special events annually for up to 500 people, occurring on weekends
and weekdays and ending by 9:00 p.m.
* Small, school-related events for up to 60 people, occurring on weekends and
weekdays and ending by 9:00 p.m.
* Summer school operations for up to 200 students and 60 staff, operating from June
to August of each year, Monday through Friday from 7:00 a.m. to 4:00 p.m.
The actual capacity of children at the facility maybe further restricted based on Fire
Department, Building Department, CA Department of Social Services, CA
Department of Education or other relevant agencies' requirements. Appropriate
licensing/registration from the Community Care Licensing Department and/or other
relevant County/State agencies shall be obtained prior to commencement of the
operation.
The applicant shall comply with the applicable requirements of the Municipal Code.
The Planning Commission shall review amendments to the project, including
modifications to the number of students, number of staff, hours of operation, etc.
considered major by the Director of Community Development.
5. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and
the complaints were not addressed immediately by the property owner, then the
Planning Commission shall conduct a public hearing on the use permit at which time,
the approval for private school operations may be modified or revoked.
6. TITLE 17 COMPLIANCE
Project operation and construction activities shall conform to the applicable
requirements of City Code Chapter 17.04.
7. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
The applicant/property owner shall comply with the development standards of
Cupertino Municipal Code Section 19.102.030 (Bird-Safe Development Requirements)
and Section 19.102.040 (Outdoor Lighting Requirements). Upon request, the applicant
shall provide all documentation required to determine compliance with the Municipal
Code.
8. NOTIFICATION OF PERMITS FROM DIVISION OF ST ATE ARCHITECT
Resolution No.
Page 6
U-2023-002 December 5, 2023
The applicant shall provide notification of and documentation showing that
alterations have been permitted by Division of the State Architect prior to the
commencement of construction activities.
9. SPECIAL EVENT RE0UIREMENTS
Special events hosted by the applicant shall be subject to the requirements for special
events as outlined in the "Outdoor Sales and Promotional Events Policy" adopted by
the City Council on April 21, 1975. The applicant shall apply for and obtain a Special
Events Permit for each of the seven special events proposed as part of this permit.
Special Event Permits shall not be required for small, school related events, as
described in Condition 5.
Notice of the event shall be made available online at least seven calendar days in
advance of the event to inform neighboring property owners of the date, time, size,
and activities to be undertaken at the event.
10. PAYMENT OF OUTST ANDING FEES
The applicant shall make payment of any outstanding fees associated with this permit
prior to the commencement of permitted activities.
11. REIMBURSEMENT OF ENFORCEMENT COSTS
The property owner shall pay for any additional Sheriff or Code enforcement time
resulting from documented incidents related to the private school operation at the
City's contracted hourly rate with the Sheriff Department or the Code Enforcement
Actual Cost fee, as defined in the City's general fee schedule, at the time of the
incident.
12. DROP-OFF AND PICK-UP MANAGEMENT
In order to ensure the safety of children and vehicle movements during the pick-up
and drop-off periods, the applicant shall submit a children pick-up and drop-off plan
to the City for review and approval prior to commencement of the approved use. Such
plan shall delineate the system used for pick-up and drop-off operations, general
pedestrian/vehicular safety guidelines for parents, appropriate directional
signs/parking lot striping (as needed) and parking lot safety measures to include a
traffic safety conductor be presentin the parking lot to monitor and direct all vehicular
activities during pick-up and drop-off times.
In the event that the pick-up and drop-off schedule changes, the applicant must
submit a revised plan to the City for approval.
Resolution No.
Page 7
U-2023-002 December 5, 2023
13. ENVIRONMENTAL PROGRAMS CONDITIONS
Prior to commencement of permitted activities, the applicant shall coordinate with
the Environmental Programs Division for additional requirements related to
stormwater pollutant management and solid waste diversion and management.
14. NOISE CONTROL
Base equipment stations are subject the Community Noise Control Ordinance,
Chapter 10.48. Noise levels shall not exceed those as listed in the Community Nosie
Control Ordinance, Cupertino Municipal Code Chapter 10.48. If there are
documented violations of the Community Noise Control Ordinance, the Director of
Community Development has the discretion to require noise attenuation measures to
comply with the ordinance.
15. CONSULT ATION WITH OTHER DEP ARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
16. INDEMNIFICATION AND LIMIT ATION OF L,IABILITY
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold harmless
the City, its City Council, and its officers, employees, and agents (collectively, the
"indemnified parties") from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding (collectively referred to as
"proceeding") brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant related to any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and
costs shall include amounts paid to the City's outside counsel and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. The applicant shall
Resolution No.
Page 8
U-2023-002 December 5, 2023
likewise agree to indemnify, defend, and hold harmless the indernnified parties from
and against any damages, attorneys' fees, or costs awards, including attorneys' fees
awarded under Code of Civil Procedure section 1021.5, assessed or awarded against
the indemnified parties. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
17. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
CONDITIONS ADMINISTERED BY THE PUBLIC WORKSSECTION IV:
DEPARTMENT
18. STREET IMPROVEMENTS & DEDICATION
Street dedication and improvements along the project frontage may be required to
the satisfaction of the Director of Public Works. Street improvements may include,
but not be limited to, remove and repair sidewalk, driveways, curb and gutter, and
street tree installations. All improvements must be completed and accepted by the
City prior to Building Final Occupancy or Street Improvement Encroachment Permit
acceptance whichever comes first.
19. ACCEPT ANCE OF PROPERTY RIGHTS
Resolution No.
Page 9
U-2023-002 December 5, 2023
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests
on behalf of the City.
20. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan
and the Pedestrian Transportation Plain, and as approved by the Director of Public
Works. All improvements must be completed and accepted by the City prior to
Building Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
21. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works. Any
storm water overflows or surface sheeting should be directed away from
neighboring private properties and to the public right of way as much as reasonably
possible.
All storm drain inlets shall be clearly marked with the words "No Dumping - Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved
by the Environmental Programs Division.
22. C.3 RE0UIREMENTS (if required)
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site. The
developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan
and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each
required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
Resolution No.
Page 10
U-2023-002 December 5, 2023
23. DEVELOPMENT FEES & BOND
The project developer shall provide for payment of fees, including but not limited to
checking and inspection fees, storm drain fees, transportation impact fees, park
dedication fees and fees for under grounding of utilities. Said fees and bond shall be
paid prior to issuance of any City of Cupertino permits.
Fees:
a. Checking & Inspection Fees:
b. Storm Drainage Fee:
c. Transportation Impact Fee:
d. Encroachment Permit Fee:
e. Storm Management Plan Fee
(if required)
f. Street Tree Fee:
Bonds:
a. Encroachment Bond:
Per current fee schedule ($1,218)
Per current fee schedule ($4,671 per AC)
Per current fee schedule: ($6,862 per new
PM trips generated)
Per current fee schedule ($647)
Per current fee schedule ($1,789)
By Developer or Per current fee schedule:
$515 per tree
100% of Off-site Improvements
The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said
change or changes, the fees changed at that time will reflect the then current fee
schedule.
24. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to issuance of any City of Cupertino permits. (CMC 9.18.210 H & K)
25. UNDERGROUND UTIL,ITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
Resolution No.
Page II
U-2023-002 December 5 2023
underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the Director of Public Works.
26. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not
be located in the front or side building setback area.
27. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
28. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
29. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
30. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
31. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
Resolution No,
Page 12
U-2023-002 December 5, 2023
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
32. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
33. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
34. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of any City of Cupertino permits. Clearance
should include written approval of the location of any proposed Fire Backflow
Preventers, Fire Department Connections and Fire Hydrants (typically Backflow
Preventers should be Iocated on private property adjacent to the public right of way,
and fire department connections must be located within 100' of a Fire Hydrant).
35. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
36. SAN JOSE WATER SERVICE COMP ANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of any City of Cupertino permits.
37. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract
water from the in"iderground basin or any underground strata in the Santa Clara
Valley.
38. SANIT ARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of any City of Cupertino permits.
Resolution No.U-2023-002 December 5, 2023
Page 13
INTRODUCED this day of , 2023, at a Regular Meeting of the City Council of
the City of Cupertino and ENACTED on the day of 2023, at a Regular Meeting
of the City Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher Jensen, City Attorney Date