Reso 4903 2-U-98
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4903
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL FOR A USE PERMIT TO LOCATE A DAY CARE CENTER IN AN EXISTING
BUILDING.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
permit and change of zone, as described in Section II. 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 the subject application; and
WHEREAS, the applicant has met the burden of proof required to support said application and
the Planning Commission finds that the subject change of zone meets the following
requirements:
a) 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.
b) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive 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, the application for a Use Permit is hereby recommended for approval, subject to
the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 2-U-98 as set forth in
the Minutes of the Planning Commission Meeting of March 18, 1998, and are incorporated by
reference as though fully set forth herein.
Resolution No. 4903 (2-U-98) March 18,1998
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No(s): 2-U-98
Applicant: Little Angels/Maple Leaf Investments
Property Owner: Little Angels/Maple Leaf Investments
Location: 10352 N. Stelling
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the enclosed exhibits labeled Site Plan and Elevations dated January
28, 1998 and E�ibit C entitled "Kinderland Child Development Center".
2. HOURS OF OPERATION
Use permit shall allow children to be present at the day care from 7:00 a.m. until 6:30 p.m.
Monday through Friday. Periodic evening meetings such as teacher conferences, open
houses, and student registration, shall be allowed.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
1. 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.
2. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
3. TR.AFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
4. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125.
5. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code.
6. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across
public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities
Resolution No. 4903 (2-U-98) March 18,1998
Page -3-
are deemed necessary by the City Engineer. Development in all other zoning districts shall
be served by on site storm drainage facilities connected to the City storm drainage system.
If City storm drains are not available, drainage facilities shall be installed to the satisfaction
of the City Engineer.
7. 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.
8. 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.
a. Checking & Inspection Fees: $ 6% of Improvement Cost or $1,918.00 minimum
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $1,573.00
d. Power Cost: $75.00 per street light
e. Map Checking Fees: $N/A
f. Park Fees: $N/A
-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.
9. 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.
10. DEDICATION OF WATERLINE
The developer shall execute a quitclaim deed for underground water rights to California
Water Company and shall reach an agreement with California Water Company for water
service to the subject development.
Resolution No. 4903 (2-U-98) Maxch 18,1998
Page -4-
11. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity which disturbs soil. BMP plans shall be included in
your grading and street improvement plans.
PASSED AND ADOPTED this 18th day of March, 1998, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Robert Cowan Donna Austin, Chairwoman
Director of Community Development Planning Commission
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