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Reso 6629 `" U-2011-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,California 95014 RESOLUTION NO. 6629 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW A CHILD CARE FACILITY WITH A PRE-SCHOOL AND AN AFTER-SCHOOL LEARNING PROGRAM TO OPERATE AT AN EXISTING 8,999 SQUARE FOOT COMMERCIAL OFFICE BUILING LOCATED AT 18900 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No.: U-2011-04 Applicant: Karl Shultz/Lili Zhu/Louis Tseng (Sunflower Learning Center) Property Owner: Nicholas Speno Location: 18900 Stevens Creek Boulevard (APN: 37511 073) SECTION II• FINDINGS FOR USE/PLANNED DEVELOPMENT PERMIT: 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 Environmental Review Committee has recommended adoption of a (Mitigated) Negative Declaration, WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino,and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS,the applicant has met the burden of proof required to support said application;and WHEREAS,the Planning Commission finds as follows with regard to this application: 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 the City's zoning ordinances. NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: 1. A Mitigated Negative Declaration (file no. EA-2011-04) is hereby adopted; and 2. The application for a Use Permit, Application no. U-2011-04 is hereby approved, 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.(s) EA-2011-04 and U-2011-04 as Resolution No.6629 U-2011-04 April 26,2U11 Page-2- set forth in the Minutes of Planning Commission Meeting of April 26, 2011, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. DEVELOPMENT APPROVAL Approval is granted for a child care facility with the following capacity: a) Pre-school: 70 children b) After-school program: 72 children The actual capacity of children at the facility maybe further restricted based on Fire Department, Building Department, CA Department of Social Services, CA Department of Education or other relevant agencies requirements. Appropriate licensing/registration from the Community Care Licensing Department and/or other relevant County/State agencies shall be obtained prior to commencement of the operation. 2. APPROVED EXHIBITS This approval is based on Exhibits titled "Business Plari' prepared by the applicant consisting of two pages and "Sunflower Learning Center, New Pre-school & After-school Program Facility, 18900 Stevens Creek Boulevard, Cupertino, CA" prepared by Shultz and Associates dated 4-15-2011 consisting of pages A0.1, A1.0, A1.1, PL, A1.2, A2.0, A2.1, A4.1 and 1 of 1, except as may be amended by the Conditions contained in this Resolution. Planning Staff has the ability to approve minor modifications to the business plan as long as the changes are consistent with any applicable Building and/or Fire Codes (including but not limited to accessibility,fire safety, and building occupancy and other appropriate agencies). 3. NOISE CONTROL The outdoor play area schedule shall be limited as indicated in the Business Plan. Noise levels shall not exceed those as listed in Chapter 10.48 of the Cupertino Municipal Code. 4. EXPIRY DATE If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for one year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 5. TOTAL AVAILABLE PARKING Parking for vans owned and operated for the benefit of this facility is not approved with this project. The applicant shall park these vans at the facility at 19220 Stevens Creek Boulevard. In the event, operations at 19220 Stevens Creek Boulevard cease or relocate and the applicant would like accommodate parking of these vans at 18900 Stevens Creek Boulevard, the applicant has the following options with the approval of a Director's Minor Modification: a) Modify the business plan to reduce required parking to allow the vans to be parked on site, b) Demonstrate to the City that the parking of the vans on site does not affect the parking requirements for the operations via a parking siudy by an independent traffic/parking consultant. 6. CHILDREN PICK-UP AND DROP-OFF PLAN In order to ensure the safety of children and vehicle movements during the pick-up and drop-off periods of the learning center, the applicant shall submit a children pick-up and drop-off plan to the City for review and approval prior to the release of final occupancy. Such plan shall delineate Resolution No.6629 U-2011-04 Apri126,2011 Page-3- general pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot striping (as needed) and parking lot safety measures to include a traffic safety conductor be present in the parking lot to monitor and direct all vehicular activities during the following hours of operation: 8:30 a.m. to 9:30 a.m. 2:00 p.m. to 2:30 p.m. 6:00 p.m. to closing In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised plan to the City for approval. 7. RECYCLING OF DEMOLISHED BUILDING MATERIALS A condition will be added to require recycling of demolished building materials to the maximum extent possible. 8. UTILITY STRUCTURES All new utility structures will be required to be located underground or screened from public view. 9. SIGNS Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. 10. REVOCATION OF USE PERMIT The Director may initiate proceedings for revocation of the Use Permit in any case where, in the judgment of the Director, substantial evidence indicates that the conditions of a planned development permit, conditional use permit or variance have not been implemented, or where the permit or variance is being conducted in a manner detrimental to the public health, safety, and welfare,in accord with the requirements of Chapter 19.124. 11. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. 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. Resolution No.6629 U-2011-04 April 26,2U11 " Page-4- 3. 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. 4. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 5. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-and post- development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include,but is not limited to,subsurface storage of peak stormwater flows (as needed),bioretention basins,vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g.,via buried pipes,retention systems or other approved systems and improvements) as necessary to avoid an increase of one percent flood water surface elevation of the culvert to the satisfaction of the City Engineer. 6. 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. 7. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits Fees: a. Checking&Inspection Fees: $Per current fee schedule ($2,468.00 or 5%) b. Grading Permit: $Per current fee schedule ($2,217.00 or 5%) c. Development Maintenance Deposit: $1,000.00 d. Storm Drainage Fee: $TBD e. Power Cost: ** f. Map Checking Fees: $Per current fee schedule (N/A) g. Park Fees: $Per current fee schedule (N/A) h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Resolution No.6629 U-2011-04 April 26,2011 Page-5- Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor &Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -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. The transformer shall not be located in the front or side building setback area. 10. 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. 11. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB),the developer must obtain a Notice of Intent(NOI) from the SWRCB,which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP),use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 12. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment,on the tentative map,unless an alternative storm water treatment plan, that satisfies 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,Storm Water Facilities Easement Agreement,Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 13. 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. 14. WORK SCHEDULE Every 6 months,the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. Resolution No.6629 U-2011-04 April 26,2U11 ' Page-6- 15. OPERATIONS &MAINTENANCE AGREEMENT The developer shall enter into an Operations &Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include,but is not limited to, sidewalk, pavers,and street lights. 16. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 17. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 18. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 19. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 20. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 21. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 22. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. 23. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 24. SANTA CLARA WATER DISTRICT CLEARANCE Provide Santa Clara water district approval before issuance of a building permit. The developer shall pay for and obtain Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. 25. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval before issuance of a building permit. 26. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. I�esolution No.6629 U-2011-04 April 26,2011 Page-7- 27. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 28. LEFT TURN RESTRICTIONS AT STEVENS CREEK BOULEVARD AND STERN AVENUE The Developer is required to install signage at the Stevens Creek Blvd & Stern Avenue intersection prohibiting left turns from Stern Avenue onto Stevens Creek Boulevard between the hours of 4 p.m. and 7 p.m. The layout and installation shall be done to the satisfaction of the City Engineer. SECTION V: CONDITIONS ADMINISTERED BY THE CITY OF SUNNYVALE PUBLIC WORKS DEPARTMENT 1. SANITARY SEWER SYSTEM The project site is discharging sanitary sewer to the City of Sunnyvale system, therefore, prior to City of Cupertino's building permit issuance, a licensed Civil Engineer or Mechanical Engineer shall provide a written statement to the City of Sunnyvale,providing an estimated average water consumption (in gpd) for the proposed use and stating that the he/she has evaluated the existing sanitary sewer lateral and main pipe on Stern Avenue and determined that there is no adverse impact to the existing Sunnyvale sanitary sewer system (or; there is a small incremental impact to the existing Sunnyvale sanitary sewer system but would not trigger any system upgrades; or there is incremental impact to the existing Sunnyvale sanitary sewer system and improvements for upgrades are subject to City of Sunnyvale review and approval). PASSED AND ADOPTED this 26th day of April, 2011� Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS:Vice Chair Miller,Brophy, Brownley NOES: COMMISSIONERS: Chair Lee ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: � ' Aarti Shrivastava Winnie Lee,C ai Director of Community Development Cupertino Planning�C mmission G:�Planning\PDREPORT�RES�2011�U-2011-04.doc