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Reso 5034 1 I 3-U-99 CITY OF CUPERTINO 10300 Tone Avenue Cupertino, California 95014 ► RESOLUTION NO. 5034 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO � RECOMMENDING APPROVAL OF A USE PERMIT TO DEMOLISH A CAR WASH FACILITY AND CONSTRUCT A NEW 6,434 SQUARE FOOT IDAYCARE CENTER SERVING 120 CHILDREN AT 10115 SAICH WAY ` SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 i 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; 1 2) 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. 3) The City has a long-standing need for quality daycare facilities in the community and this facility partially meets this need. ► i � NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved, 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 No. 3-U-99 as set forth in the Minutes of the Planning Commission Meeting of April 26, 1999, and are incorporated by reference as though fully set forth herein. � Resolution No. 5034 3-U-99 Apri126, 1999 Page 2 SECTION II: PROJECT DESCRIPTION � Application No.: 3-U-99 Applicant: Integrated Operations (Happy Days Child Development Center) Property Owner: Joan N. George, Trustee � Location: 10115 Saich Way I SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. � I 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits titled, "Happy Days Child Development Center, 10115 Saich Way, Cupertino, CA" and consisting of 2 sheets dated 2/24/99 and labeled: A-1.1 and A3.1, except as may be amended by the Conditions contained in this Resolution. � 2. HOURS OF OPERATION The regular hours of operation are Monday through Friday, 7 a.m. to 6 p.m. The center may , stay open until 11 p.m. on the weekdays and weekends on a limited basis for parent conferences and daycare-related special events. I 3. SCHEDULING OF PLAYGROUND ACTIVITY The daycare operator shall limit access to the playground to no more than 60 children at one time during business hours. � � 4. WALL & FENCE HEIGHT � The height of the concrete masonry wall and iron fence along the south property line and Saich Way shall be raise to 7 feet above adjacent grade. ' S. DEVELOPMENT ALLOCATION � The new commercial building square footage of 6,434 square feet shall be deducted from the i Heart of the City retail commercial development allocation pool. � SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 6. 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. 7. FIRE HYDRANT � Fire hydrants shall be located as required by the City. 1 Resolution No. 5034 3-U-99 Apri126, 1999 � Page 3 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. i 9. 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. � 10. GRADING ( Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 11. DR.AINAGE 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 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. 12. LJNDERGROUND 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. 13. 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 on-site Improvement Cost or $1,975.00 minimum b. Development Maintenance Deposit: $3,000.00 c. Storm Drainage Fee: $1,372.00 d. Grading Permit: $ 6% of on-site improvement cost or $156.00 minimum e. Power Cost: $75.00 per street light f. Map Checking Fees: N/A g. Park Fees: N/A 1 Resolution No. 5034 3-U-99 . April 26, 1999 ' Page 4 The fees described above are imposed based upon the current fee schedule adopted by the City i 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. � 14. 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. 15. 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. 16. 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. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 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. Bert Viskovich, City Engineer PASSED AND ADOPTED this 26th day of April, 1999, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: Resolution No. 5034 3-U-99 Apri126, 1999 Page 5 AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROV D: ��� `�;tll�t�iiti.. � � <� , ��, Robert S. Cowan David oyle, C irman Director of Community Development Cupertino Planning Commission g/p I an n i n g/res/res3 u99ap pr.