Reso 6721 U-2013-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6721
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A CONDITIONAL USE PERMIT TO CONVERT A TWO-STORY OFFICE BUILDING INTO A CHILD
CARE USE LOCATED AT 21685 GRANADA AVENUE
SECTION I: PROJECT DESCRIPTION &RECITALS
Application No.: U-2013-07
Applicant: David Pemg (Organization of Special Needs Families)
Property Owner: Hua Tian
Location: 21685 Granada Avenue (APN 357-17-031, 357-17-032)
Subject: Conditional Use Permit to allow a child care center.
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional
Use Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission held a public hearing on August 13, 2013 in regard
to the application; and
NOW, THEREFORE,BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this
matter,the Planning Commission hereby approves Application no. U-2013-07 based upon the findings
described in section II of this resolution, the public hearing record and the Minutes of Planning
Commission Meeting of August 13, 2013, and subject to the conditions specified in section III of this
resolution.
SECTTON II: FINDINGS
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;
The child care center 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 because it will be located within
a mixed use light industrial, neighborhood commercial, and residential dfstrict, which includes a variety of
different land uses. The City has approved other child care centers in the neighborhood and has no recorded
history of complaints associated with parking, pick-up and drop-off, noise, and other operational issues.
Resolution No.6721 U-2013-07 August 13,2013
2. The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, underlying zoning regulations, the purpose of the City's zoning
ordinances, and complies with the California Environmental Quality Act(CEQA).
The proposed child care center is consistent with and will be conducted in a manner in accord with the General
Plan, zoning ordinance, and CEQA. For example, the project will be required to allow connections with
adjoining sites (GP Policy 2-2 and 2-24) and provide a safe parking lot (GP Policy 4-1). The conditions of
approval contained in this resolution further reduce the likelihood of adverse impacts to surrounding
properties.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received July 24, 2013 consisting of two sheets labeled A-1 and A-
2, entitled, "Organization of Special need Family (sic), 21685 Granada Ave, Cupertino, CA 95014,"
drawn by Professional Design; and the business plan received July 24, 2013 consisting of six pages
entitled, "Organization of Special Needs Families," except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorparated into and annotated on the first page of the
building plans.
4. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits
for the conversion to child care use. This use permit shall be considered null and void and of no
effect if a building permit is not filed and accepted by the City (fees paid and control number issued)
within the expiration date specified in the municipal code. In the event that a building permit
expires for any reason, the use permit shall be null and void.
5. BUSINESS LICENSE
Prior to final occu�anc�, the business owner shall obtain a City of Cupertino business license.
6. PREVIOUS CONDITIONS OF APPROVAL
The following previous conditions of approval for the project site shall remain in effect:
Z-1980-40
• All conditions
U-1985-17
• Conditions #18, 19, 20, 25, and 26
Resolution No.6721 U-2013-07 August 13,2013
7. USE APPROVAL
Approval is granted for a child care facility with 13 total enrolled children and 2 staff persons onsite
at any given time. Any changes in the operation parameters outside of this approval must be
reviewed and approved by the City. 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) and City parking requirements.
8. TOTAL AVAILABLE PARKING
There shall be a minimum of two available parking stalls onsite. One additional on-street stall
directly in front of the site may be used for the sole purpose as a pick-up and drop-off zone during
peak hour times unless revoked by the City Engineer. If this occurs, the applicant shall work with
the City to review alternate locations.
Any proposed intensification of the approved uses shown on the development plans (i.e. increases
in approved child or staff counts) will require City review and approval and potential additional
studies at the applicant's expense.
9. FINAL 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 day care, the applicant shall submit a final children pick-up and drop-off plan to the
City for review and approval prior to the release of final occu�ancy. Such plan shall delineate
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 pick up and drop off times.
In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised
plan to the City for approval.
10. LOT MERGERS
Prior to final occu�anc�� the property owner shall obtain necessary approvals with the City and
County to merge the two existing onsite parcels (APNs 357-17-032 and 357-17-031) into one parcel.
11. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant ru.nning with the land,
subject to approval of the City Attorney, for all parcels that border this property. The deed
restriction shall provide for necessary pedestrian and vehicular reciprocal ingress and egress
easement to and from the affected parcels. The easements shall be recorded nrior to issuance of
final occu�anc�.
12. 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 Community Noise Control Ordinance, Cupertino Municipal Code
chapter 10.48. If there are documented violations of the Community Noise Control Ordinance, the
Director of Community Development or Noise Control Officer has the discretion to require noise
attenuation measures to comply with the ordinance.
Resolution No.6721 U-2013-07 August 13,2013
13. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall
be listed on the plans, and protective fencing shall be installed around the trees to remain riU or to
issuance of building v� A report ascertaining the good health of these trees shall be provided
prior to issuance of final occupanc�.
14. FINAL LANDSCAPE PLAN
Prior to issuance of buildin�permits, the applicant shall submit a final landscaping plan in
conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined
by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required prior to issuance of building�ermits.
a. Screening landscaping shall be considered along the outdoor play area and parking spaces.
b. A six inch continuous flat curb is required for the landscape buffer.
15. FINAL FRONTAGE DETAILS
The final street frontage details, including, but not limited to pick-up and drop off area, fencing and
gate, landscaping and street furniture shall be subject to review and approval by the Director of
Community Development in consultation with the Director of Public Works�rior to building permit
issuance.
16. FINAL FENCING DESIGN
The final play area fencing design shall be subject to the approval of the Community Development
Director prior to issuance of building perxnits.
17. FINAL LIGHTING PLAN
All new lighting must conform to the standards in the Parking Ordinance (Chapter 19.124) and
General Commercial Ordinance (Chapter 19.60), and the final lighting plan (including a detailed
photometric plan) shall be reviewed and approved by the Community Development Director �rior
to buildin��permit issuance. Prior to final occu�ancy, a licensed lighting consultant shall confirm
that the lighting is in compliance with the City's standards.
18. SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
19. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. The height of the screening shall be
taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan
may be required to demonstrate that the equipment will not be visible from any public right-of-way.
'The location of the equipment and necessary screening shall be reviewed and approved by the
Director of Community Development �rior to issuance of building permits.
20. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and
Resolution No.6721 U-2013-07 August 13,2013
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department.
21. UTILITY STRUCTURE PLAN
Prior to issuance of buildin��ermits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utlity structures [including, but not
limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves
(PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works,
Fire Department, and applicable utility agencies.
22. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits.
23. RECYCLING OF DEMOLISHED BUILDING MATERIALS
All demolished building materials shall be recycled to the maximum extent possible.
24. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
25. 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 the conditional use
permit have not been implemented, or where the permit is being conducted in a manner detrimental
to the public health, safety, and welfare, in accord with the requirements of the municipal code.
26. EXPIRATION
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.
27. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
28. 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
Resolution No.6721 U-2013-07 August 13,2013
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.
Building Division:
29. ACCESSIBILITY UPGRADES
Since there is a request for a change of use, building accessibility upgrades are required to bring the
site and building into full compliance with the 2010 California Building Code.
30. BUILDING OCCUPANCY
The change of use to a child care use requires that the building be converted to an "E" occupancy.
31. CODE REFERENCE
The codes that apply to this approval are the 2010 California Building Code, California Mechanical
Code, California Plumbing Code, California Fire Code, and the California Electrical code.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRASH FACILITIES
Per Public Works Department requirements, the property owner must ensure that all lids for trash,
recycling, and yard waste bins remain closed when material is not being deposited into them. Bins
are not to be overfilled, material is not permitted to be stockpiled alongside bins and the area in and
around the bins shall be kept clean at all times. A yard waste bin is required at the property for food
waste and organics. Lack of compliance with the City's litter control measures will result in a notice
of violation and a fine.
2. PICK-UP/DROP-OFF ZONE
A one-car pick-up and drop-off zone will be permitted along the property frontage. The drop-off
zone may be revoked at the discretion of the City Engineer. The zone will be time limited to coincide
with the period of heaviest drop-off traffic to the property. The applicant shall work with the Public
Works Department to establish acceptable times.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. LICENSING
This facility will be required to obtain licenses from the State of California Departme nt of Social
Services Community Care Licensing Division. The County Fire Department will review the facilitiy
and report back to CCLD with their findings.
Resolution No.6721 U-2013-07 August 13,2013
SECTION VI: CEQA REVIEW
The conditional use permit is categorically exempt from the California Environmental Quality Act
(CEQA) per section 15303 (Conversion of Small Structures) of the CEQA Guidelines because it relates to
the conversion of an existing small structure (not exceeding 2,500 square feet) from one use to another
where only minor modifications are made to exterior of the structure.
PASSED AND ADOPTED this 13th day of August, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Gong, Takahashi, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Brophy
ATTEST: APPROVED:
C(a�r�" ao Don Sun
City Planner Chair, Planning Commission
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