Reso 6598 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6598
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVING A USE PERMIT TO ALLOW A DAYCARE CENTER
INCLUDING AN OUTDOOR PLAYAREA IN THE EXISTING REAR PARKING LOT
IN A COMMERCIAL CENTER LOCATED AT 19875 STEVENS CREEK BLVD.
SECTION I: PROTECT DESCRIPTION
Application No.: U-2009-09
Applicant: Cindy Cheng
Location: 19875 Stevens Creek Boulevard
SECTION II: FINDINGS FOR USE PERMIT
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 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 Comprehensive General Plan, as amended, 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 the 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
No. U-2009-09, as set forth in the Minutes of the Planning Commission Meeting of May
11, 2010, and are incorporated by reference though fully set forth herein.
Resolution No.6598 U-2009-09 May 11,2010
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Kiddie Academy of Cupertino, CA;
Cupertino Business Plaza, 19875 Stevens Creek Blvd., Cupertino, CA" consisting
of 9 pages labeled pages A-0, A-1, A-1a, A-2, A-3, A-4, L-1, E-0 and 1 except as
may be amended by the Conditions contained in this Resolution.
2. USE APPROVAL
Approval is granted to allow a daycare center with an outdoor playground with
a maximum daily attendance of 143 children. The number of children may be
increased without use permit modification if the applicant can demonstrate
adequate parking supply for all tenant uses to the satisfaction of the Director of
Community Development and that the increase is consistent with any applicable
Building and/or Fire Codes (including but not limited to accessibility, fire safety,
and building occupancy. Proper licensing from the Community Care Licensing
Depart and/or other relevant County/State agencies shall be obtained prior to
commencement of the daycare operation.
3. DAYCARE HOURS OF OPERATION
The hours of operation for the daycare center shall be limited to 7a to 6:30p. The
outdoor play area schedule shall be limited to the schedule exhibit submitted at
the Planning Commission hearing on May 11, 2010 (Page 8 of this resolution)
4. NOISE CONTROL
Noise levels shall not exceed those as listed in Chapter 10.48 of the Cupertino
Municipal Code.
5. RECIPROCAL ACCESS AGREEMENT
The applicant shall record a reciprocal access easement benefiting the adjoining
properties (to the east and west) and make the necessary improvements to open
up the parking lot to the property to the east.
6. DAYCARE PARKING
The primary daycare patrons shall use the rear parking lot and the front parking
lot shall be reserved for the retail tenant. The applicant shall submit a final site
design to the City for review and approval prior to issuance of building permits
demonstrating at least six (6) drop-off and pick-up spaces in the rear parking
areas. In addition, a sign designating the pick-up/ drop-off spaces shall be
installed. The sign shall include the time periods of operation, and a time limit
for the space. After the Kiddie Academy begins operation, the number of pick-up
and drop-off spaces shall be reviewed to determine if additional designated pick-
up and drop-off spaces are needed.
Resolution No. 6598 U-2009-09 May 11,2010
Page 3
Appropriate directional sign shall be posted at the driveway entrance to direct
daycare patrons to the appropriate drop-off/pick-up area. The location and
design of the directional sign shall be reviewed and approved by the Community
Development Director prior to final occupancy approval. Lastly, the westerly
driveway shall be maintained to allow two-way vehicular access.
7. LANDSCAPE PLAN
The applicant shall submit a final landscaping plan to the City for review and
approval prior to issuance of building permits. The final landscaping plan shall
be consistent with the City's Xeriscape Landscaping Ordinance (including the
latest State mandate on water efficiency) and use drought tolerant and pest
resistant plant species to the maximum extent possible. In addition, the shrubs
planted along the easterly property line must be verified by a professional
arborist as appropriate for privacy screening purposes or they must be replaced
with appropriate shrubs/trees suitable for screening mitigation.
8. LIGHTING
All lighting shall conform to the standards in the General Commercial (CG)
Ordinance. All lighting source shall not be visible from the adjacent residential
properties and shall be designed to not spill over into the residential property to
the north. The final lighting plan shall be reviewed and approved by the
Community Development Director prior to building permit issuance.
9. SOUND WALL
The applicant shall install an eight-foot masonry sound wall along the northerly
property boundary to further buffer any potential noise and/or visual impacts.
The applicant shall submit a final wall design to the City for review and approval
prior to issuance of building permits. In addition, said wall shall be constructed
prior to construction commencement of the main project.
10. PROTECT AMENDMENTS �
The Planning Commission shall review amendments to the project considered
major by the Director of Community Development.
11. REVOCATION OF USE PERMIT
In any case where, in the judgment of the Director, substantial evidence indicates
that the conditions of this use permit have not been implemented, or where the
use permit is being conducted in a manner detrimental to the public health,
safety or welfare, the Director shall set a date for a public hearing before the
decision maker granting the original use permit, and notice a public hearing in
accordance with Section 19.124.040 of the Conditional Use Permit Ordinance.
Resolution No.6598 U-2009-09 May 11,2010
Page 4
12. GREEN BUILDING MEASURES
The applicant is encouraged to incorporate green building measures when
feasible and/or appropriate. The green building measures may include but are
not limited to: low VOC paints, maximizing recycled building materials, using
porous concrete, using energy efficient mechanical equipments and lighting
(including solar energy), maximizing onsite water retention, and using draught
tolerant and pest resistant landscaping.
13. EMPLOYEE PARKING
In order to maximize parking capacity the retail tenant, the employees from the
businesses associated with this center shall park in the rear parking lot.
14. BIKE PARKING DESIGN
The bike parking spaces shall be provided via inverted U-style design. The
applicant shall submit a final bike parking design to the City for review and
approval prior to issuance of building permits.
15. AMERICANS WITH DISABILITIES ACT (ADA)
The project shall conform to the Americans with Disabilities Act (ADA). The
applicant shall submit a final site design to the City for review and approval
prior to issuance of building permits.
16. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and
approved by staff prior to issuance of building permits.
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.
Resolution No.6598 U-2009-09 � May 11,2010
Page 5
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
18.TRAFFIC SIGNAL IMPROVEMENTS
The developer shall install traffic signal improvements at the Stevens Creek
Blvd/Portal Avenue intersection. The improvements include lengthening the
southbound left-turn pocket as directed by the City Engineer, and funding
emergency vehicle pre-emption equipment.
19. 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.
20. C.3 RE UIREMENTS
Should pavement replacement exceed the 10,000 square feet threshold, the
Developer will be required to satisfy the state mandated c.3 stormwater
treatment requirements.
Should this happen, the developer shall reserve a minimum of 4% of developable
surface area for the placement of storm water treatment facilities on the tentative
map, unless an alternative storm water treatment plan to satisfy c.3 requirements
is approved by the City Engineer.
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 (subject to third party review), Storm Water Facilities
Easement Agreement, Storm Water Facilities Operation and Maintenance
Agreement, and certification of ongoing operation and maintenance of treatment
BMPs are required.
21. EROSION CONTROL PLAN
The 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.
22.WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show
the timetable for all erosion control work in conjunction with this project.
23.TRASH ENCLOSURES
The trash enclosure location shall be as shown on sheet A-1 of the approved
planset. Said trash enclosure must be designed to the satisfaction of the
Resolution No. 6598 U-2009-09 May 11,2010
Page 7
The fenced-in playground shall not obstruct emergency access to the building.
Gates to this area must conform to the applicable provisions of CFC 503.6 and
506.
32. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
33. SANITARY DISTRICT
The applicant shall comply with the requirements of the Cupertino Sanitary
District, including fees and/or permits.
PASSED AND ADOPTED this 11� day of May 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Miller
NOES: COMMISSIONERS: Giefer
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Kaneda
ATTEST: R
,
Aarti Shrivastava Paul Brophy, air
Director of Community Development Planning Co 'ssi
Resolution No.6598 U-2009-09 May 11,2010
Page 8
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