Reso 6559 M-2009-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO . 6559
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT (6-U-86)
TO ALLOW AN AFTERSCHOOL PROGRAM FOR CHILDREN AT THE
EXISTING BETHEL LUTHERAN CHURCH LOCATED AT
940 SOUTH STELLING ROAD �
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-05
Applicant: Anjali Arora
Location: 940 S. Stelling Road
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification of 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 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 Modification of the Use Permit are 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. M-2009-05,
as set forth in the Minutes of the Planning Commission Meeting of June 23, 2009, and are
incorporated by reference though fully set forth herein.
Resolution No. 6559 M-2009-05 June 23, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted, titled "Lutheran Church, Cupertino,
CA" consisting of 2 pages numbered, "Sheet 1"; "Sheet 2"; "Program Description,"
"Parking Analysis" and "Facility Use Schedule," each consisting of 1 page, except as
may be amended by the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to operate a 2,135 square foot daycare facility, within the multi-
purpose room of the church, with a maximum occupancy of 90 children and 7
employees at any given time. The use shall operate between 12:00 p.m. and 6:30 p.m.
from Monday through Friday.
3. NOISE CONTROL
Organized outdoor play yard/structure for the afterschool program is not approved
with this modification. Organized outdoor play yard/structures may be allowed
subsequent to an acoustical report conducted to determine noise levels and
appropriate mitigation measures subject to the approval of the Community
Development Director.
The noise levels from the afterschool program activities within the multipurpose room
shall not exceed those as listed in Chapter 10.48 of the Cupertino Municipal Code,
unless approved by special exception by the Noise Control Officer. The applicant may
have to conduct future tests to verify they are complying with the ordinance at the
request of the Community Development Director.
4. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to installation
of any signage on site. Signage shall conform to the City's Sign Ordinance.
5. LANDSCAPE PLAN
The applicant and/or the property owner shall submit a landscape plan to be
reviewed and approved by the Director of Community Development indicating four
new 24" box trees as shown in the Planning Commission staff report dated June 23,
2009. Said trees shall be planted by June 30, 2010.
The applicant and/or the property owner shall also maintain the existing landscaping
and shall extend irrigation to the new trees. In the event any of the trees die, the tree
shall be replaced with a tree of a comparable size subject to the approval of the
Director of Community Development.
6. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial future parking or noise problems, or in the
event the landscaping is not planted, the City reserves the right to review this use
permit at any time for additional mitigation measures or revoke the use permit.
G:�Planning�PDREPORT�RES�2009�M-2009-05 res.doc
Resolution No. 6559 M-2009-05 June 23, 2009
Page-3-
SECTION IV: CONDITIONS ADMINISTERED BY THE FIRE DEPT.
7. SPRINKLER SYSTEM
Facility will require a combination manual and automatic fire alarm per the California
Fire Code.
8. NOTIFICATION OF COMMUNITY CARE LICENSING
If it is determined this is a day care occupancy Community Care Licensing shall be
notified.
9. COMPLIANCE WITH FIRE CODE REQUIREMENTS
Applicant shall obtain the necessary permits to comply with the Fire Department
requirements.
10. OCCUPANT LOAD
Occupant load to be determined based on square footage and exits.
SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT.
11. BUILDING PERMIT
The applicant shall obtain a Building Permit to conform with the Building Code
requirement related to child care facilities. At the time of Building Permit Submittal,
the applicant shall provide the following information:
a. Building type of construction
b. Fire protection information
c. Square footage
d. Building accessibility features. Detail restrooms, paths of travel, path of travel
to public transportation, signage, etc.
e. Clarify whether the kitchen is a commercial kitchen and whether a type 1 hood
will be required.
PASSED AND ADOPTED this 23rd day of June 2009, 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 Giefer, Vice Chair Brophy, Kaneda
Miller, Lee
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
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ATTEST: APP OV . �_�
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Aarti Shrivastava Gi er, C a�irper5on �
Director of Community Development Planning Commission
G:�Planning�PDREPORT�RES�2009�M-2009-05 res.doc