Reso 6229 U-2003-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6229
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO OPERATE A DAYCARE
FACILITY IN AN EXISTING BUILDING WITH A MAXIMUM OCCUPANCY OF 148
CHILDREN AND 21 EMPLOYEES.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2003-13, ASA-2003-09, EA-2003-18
Applicant: Kindercare Learning Centers, Inc.
Location: 1515 S. De Anza Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed 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;
� 2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2003-13 is hereby recommended for
approval; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Resolution No. 6229 U-2003-13 January 12, 2004
Page 2
Application U-2003-13, as set forth in the Minutes of the Planning Commission Meeting
of January 12, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Kindercare Learning Centers #1806 and
dated January 8, 2004.
2. DEVELOPMENT APPROVAL
Approval is granted to operate a daycare facility with a maximum occupancy of 148
children and 21 employees. The use shall operate between 7AM to 9PM from
Monday through Friday, except for enrollment periods, which may operate during
weekends. Said use shall be reviewed within the first year of operation in the event
of noise related complaints. The Planning Commission may require a noise study
and mitigations including building an acoustic wall at the west property line and/ or
limiting the number of children allowed in the outside play yard.
3. BUILDING CODE COMPLIANCE
In accordance with the applicant's letter of December 30, 2003, a structural analysis
will be performed at the time of construction document preparation and all
construction drawings for the project will be prepared in accordance with 2001
California Building Code and applicable amendments adopted by the City of
Cupertino. Based on the structural deficiencies found in the structural analysis, the
structure will need to be retrofitted to the structural requirements of the 2001
California Building Code and applicable amendments adopted by the City of
Cupertino. The final design shall be reviewed and approved by the Director of
Community Development and the Building Official.
4. ARCHITECTURAL DESIGN
The entry feature shall be redesigned to reflect Alternative A recommended by the
consultant architect, Larry Cannon, on December 17, 2003.
� 5. FENCING
All proposed exterior fencing shall be tubular steel (color: black). The design shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
6. S. DE ANZA BOULEVARD FRONTAGE
a. The sidewalk shall be redesigned to be compatible with the S. Saratoga
Sunnyvale Conceptual Plan. The sidewalk shall not be moved out to the curb at
the ends. The final design of the sidewalk shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits.
Resolution No. 6229 U-2003-13 January 12, 2004
Page 3
b. At least five new 36" box trees shall be provided along S. De Anza Boulevard to
create a double row of trees. The final location of the trees shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits.
7. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, to be implemented
at such time that the City can require the same of adjacent property owners, subject to
approval of the City Attorney. The easement shall be recorded prior to issuance of
building occupancy.
8. CURB CUT CONSOLIDATION
The applicant shall record a deed restriction for consolidation of the curbcut between
the adjacent properties to the north, to be implemented at such time that the City can
require the same of the adjacent property owner, subject to approval of the City
Attorney. The easement shall be recorded prior to issuance of building occupancy.
9. BICYCLE PARKING
Bicycle spaces at the rate of 5% of the total automobile parking spaces shall be
provided located adjacent to the front parking lot. The final location shall be
reviewed and approved by the Director of Community Development prior to
issuance of a building permit.
10. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the
parking system used by employees, residents and visitors and shall be subject to
staff approval prior to final occupancy. At least 16 spaces (including all spaces
adjacent to the building) shall be reserved for drop-off and pick-up.
11. FUTURE PARKING PROBLEMS
In the event of future parking problems, the Planning Commission reserves the right
to recall this use permit at any time and the applicant hereby agrees to implement
any or all of the following measures or other measures as deemed necessary to
mitigate said problem:
� a. Organize an employee car pooling/van pooling program;
b. Limit future capacity based on parking demand during impacted periods;
c. Implement a system to increase efficiency of drop-off and pick-up, especially
during peak hours.
12. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved
by staff prior to issuance of building permits.
Resolution No. 6229 U-2003-13 January 12, 2004
Page 4
13. LANDSCAPING
a. Arborist's recommendations - The recommendations in the report by Barrie D.
Coate and Associates dated December 15, 2003 shall be followed, except that the
four flowering cherry trees in the front of the building shall be retained.
b. Tree Protection Bond - A bond in the amount of $5000 shall be provided to ensure
that existing trees, including the redwood trees along the western property line,
are not impacted by construction.
c. Protection plan - As part of the building permit drawings, a tree protection plan
shall be prepared by a landscape architect or certified arborist for the existing
trees to be retained. The tree protection shall be inspected and approved by the
arborist prior to beginning construction.
d. Planting along fencing - The fencing on the north and south sides of the play area
shall be planted with shrubs and vines.
14. TRANSFORMER
The transformer in the front landscaping along De Anza Boulevard shall be
undergrounded. A bond in the amount required for the undergrounding (to be
determined by the Director of Community Development and the Director of Public
Works) shall be provided in case the work is not completed prior to occupancy.
15. UTILITY BOXES AND EQUIPMENT
Any equipment that is not located underground shall be screened by fencing and
landscaping. Other equipment adjacent to the building or on the roof shall be
screened. Locations for said equipment and proposed screening shall be approved
by Planning staff prior to issuance of building permits.
16. 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.
Resolution No. 6229 U-2003-13 January 12, 2004
Page 5
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
18. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the City Engineer.
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of
visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. Please contact Army Corp of
Engineers and/ or Regional Water Quality Control Board as appropriate.
22. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-
development calculations must be provided to identify if storm drain facilities need
to be constructed or renovated.
23. UNDERGROUND UTILITIES
The 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. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of the
affected Utility provider and the City Engineer.
24. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for undergrounding
of utilities. Said agreement shall be executed prior to issuance of construction
permits.
Resolution No. 6229 U-2003-13 January 12, 2004
Page 6
Fees:
a. Checking & Inspection Fees $ 6% of On-Site and Off-Site
Improvement Costs (As determined by a Registered Civil Engineer)
b. Storm Drainage Fee: $ 2,077.22
c. Development Maintenance Deposit $1,000.00
d. Street Tree By Developer
Bonds:
a. Faithful Performance Bond:100% of Off-site and On-site Improvements
b. Labor & Material Bond:100% of Off-site and On-site Improvement
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.
25. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment
enclosures shall be screened with fencing and landscaping or located underground
such that said equipment is not visible from public street areas.
26. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed
to City Standards and shall reach an agreement with San Jose Water for water
service to the subject development.
27. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP shall be included
in your grading and street improvement plans.
28. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain
the landscaping within the City's right of way along De Anza Boulevard.
29. SIDEWALK EASEMENT
The developer shall provide the City an easement for the portion of new concrete
sidewalk, which connects both segments of the City's sidewalk. A Registered Civil
Engineer shall complete a plat and description of the area to the Public Works
Department.
30. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior
Resolution No. 6229 U-2003-13 January 12, 2004
Page 7
to obtaining a building permit.
31. TRAFFIC
a. Install a R10 (One Way) sign in the median across from the north driveway's
current exit.
b. To reduce potential ingress/egress conflicts, reconfigure the northern portion of
the north driveway entry and change the northern driveway to ingress only.
c. Install painted arrows at driveways: ingress-straight, egress-right turn.
32. U-TURN MOVEMENTS
The Public Works Department shall review the necessity of limiting traffic
movements from the site to the U-turn pocket opposite the south driveway on S. De
Anza Boulevard and may require the applicant to install a raised physical barrier
(curb or rumble bars) and appropriate signage to prevent this movement. Said
mitigations shall be paid for by the applicant and may be required up to one year
from the operation of the daycare.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
����
Ralph Qualls, Director of Public Wor
City Engineer CA License 22046
PASSED AND ADOPTED this 12th day of January 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Miller, Vice-Chair Saadati, Wong and Chairperson
Chen
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTES APPROVED:
` l
Steve Pia ecki Angela Chen, Chairperson
Director of Community Development Cupertino Planning Commission
O: \ Planning � PDREPORT � RES � U-2003-13 res.doc