Reso 6749 U-2014-01';
CITY OF CUPERTIlVO
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Cupertino, Califorriia 95014
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_ RESOLUTION 1�T0. 6749 .
QF'IT;IE,PLANNING COMMISSION OF'THE CITY.OF CUPERTINO APPROVING
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; A USE PERMIT TO COl�TVERT APPROXIIVlATELY.7,500 SQUARE FEET OF QFFICE
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SPACE AT AN EXISTING TWO-STORY OFPICE�UILI�ING INTO A DAY CARE
- USE LOCATED AT 20111 STEVENS CREEIC BOULEVARD
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SECTION I: PROjECT DESCRIP'TION
; Application'IVo.: U-2014-01' �
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pp ' ant: ' ` ' janice Yeh(Little Tree Bilingiial IVloritessori)
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Property Owner: Trans-Continental Real Estate Irivestment Corporation
Location: 20111 Stevens Creek Boulevard(APIV 316-23-026) ` :
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SECTIOIV IIi'FINDINGS FOR USE/PLANNED'DEVELOPIVIENT:PEIUVIIT:
WHEREAS,:the Planning Coxnmission of the City of Cupertino received an application for a LTse Permit'
� as described in Section I.of this Resolution; and
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WHEREAS, the necessary,public noi�ces,have;.b.een given:;as;,required by the Procedural Qrdinance of
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the City�.of Cupertino; and the P1aru1ulg Coinmissiori has held at least one public hearing in regar:d to
� the applicatibn; ancl� � � � � � � ��
WHEIZEAS;the applicant has met the burden of proof required to support said application; and
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WI-�EREAS,the P1ai�u1ulg Commission finds as follows with regard to this application: �
a)', The proposed use; at the proposed location; will riot�be detrimental or injurious to property or
irnprovements in -the vicinity, and will not be detriiiiental to the publie health; safety,�general
welfare, or convenience;
The pro�ect is';consistent with all aspects of the City's Ordinance. The site is sufficiently'parked A traffic'
and noise analysas have been prepared confirming`that tlie�project will not hdve ariy signzficant traffic and '
noise impacts to the surrounding area. :
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, and.`the purpose of
th�.s title,and complies with the California'Environmental Quality Act(CEQA).
The proposed project is consistent with the provisions setforth in the Heart of the City Specific Plan. ,
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Resolution No.6749 U-2014-01 June 9, 2014
Page-2-
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the 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,:
The application for a Use Permit, Application no. U-2014-01 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. U-2014-01 as set forth in the Minutes
of Planning Commission Meeting of June 9, 2014, 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 a capacity of 125 students. 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. Any future modifification or intensification to the project shall require additional City
review and a new Use Permit application.
2. APPROVED EXHIBITS
This approval is based on Exhibits titled "Little Tree Bilingual Montessori" prepared by the �
applicant consisting of seven pages and "Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA 95014" prepared by Adaptive
Architecture dated May 30, 2014 consisting of pages A1.1, A1.lE, A1.2, A2.1, AB-1, and L1, and the
business plan labeled "Little Tree Montessori" consisting of seven pages 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. USE PERMIT
The applicant submits this Conditional Use Permit Approval only on behalf of Little Tree Bilingual
Montessori business and agrees that it shall expire upon the termination of said business, or the
term of this Conditional Use Permit, which ever comes first.
4. EXPIRY DATE
If the use for which this Conditional Use Permit is granted but is not commenced or is utilized but
ceases or is 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. NOISE CONTROL
The outdoor play area schedule shall be limited as indicated in the Business Plan. The noise levels
shall not exceed those as listed in Chapter 10.48 of the Cupertino Municipal Code, unless approved
Resolution No:6749 U-2014-01 June 9, 2014 � -
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by special exception by the Noise Control Officer. The applicant may have to conduct future tests to
� verify t�iey 'are complying with the ordinance at the. request of the Community Development
Director. 'I`he Planning Coinmission may limit the ntunber of children allowed,in.the outside'play
yard in the event that the noise levels at the site violate City standard noise levels.
6: ' ACCESS EASEMENTS ,
The�property owner.shall record an ;appropriate. deed,restriction and covenant rurming with the
land;subject to approval of the City Attorney, pro�iding�for vehicular easements to adjoining parcel
at 10080 Randy Lane (APN: 316-23-017) to be iniplemerited at such time that the City can require the
same of adjacent property owner: The easement shall be recorded prior to final occupancy of site
permits.
In:addition, the property owner shall participate;in the existing reciprocal ingress/egress covenant
with the adjoini_ng property owner at 20149.Stevens Creek Boulevard (APN: 316-23=027) af such'time
in the future tlie City can require the same of said-parcel.
7. ..RECIPIZICOL ACCESS EASEMENT .
In addition to maintaining the current recorded recipricol access .easements on the prqperty, the
property owner shall'record an appropriate deed restriction and covenant runnulg with the land,.
subject to approval of the City Attorney, allowing recipricol access along the northern port�on of�the
property fo'r 1Q080 Randy Lane.(APN: 316-23-017) to be implemented at such time that the City can�
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reqixire the same of adjacent properiy' owner. The easernenf shall be recorded prior fo final
1 occupancy of site permits.
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8: CHIL-I�RENPICK=LJP AND DROP-QFF PLAN . .
� In,order #o ensure the safefy of children and-vehicle movements during the pick-up and drop-off
eriods; t�ie a hcant shall submit a children- ick u and dro off lan to the Ci for review.,and
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approval prior to .the release of final occupancy. 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
" parkirig lot to riionitor and direct all vehicular activities cluring the following hours of operation:
8:00 a.m. fo 9:30 a.m.
12:00 p.m.to 12:30 pm.
5:00 p.xn. to closing
;. In the eVent that the pick-up and drop-off schedule;ehanges, the applicant,must submit a revised '
plan ta the`City for approval:
9. RECYCLIlVG OF DElVIOLiSHED BIJILDING MATERIALS
Demolished building materials'shall be;recycled.to.the.maxirnurn extent possible. .
10. UTILI'TY:STRUCTURES : ,
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All new utility structures shall be located. underground or screened from public view to the
� satisfaction of the Planning Division. �
Resolution No.6749 U-2014-01 June 9, 2014
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11. SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign �
Code and requires a separate sign permit.
12. 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 has 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 Chapter 19.124.
13. 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 IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
the project's main driveway with a standard driveway approach. This work will require removal of
landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken
and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified
by the City Engineer.
2. DRAINAGE
Demonstrate the proposed playground area will not block existing and future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3. ENCROACHMENT PERMIT
The project developer shall obtain an encroachment permit 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, fees for under grounding of utilities, and provide necessary bond for the proposed
street improvements.
-The fees 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. �
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�Resolution No:6749 U-2014-01 = June 9, 2014 li
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�` 4. �ULL TRASH CAPTURE SYSTEM
\� '� 'Phe developer''wi]I be responsible for installing�a full trash capture system/device to capture frash>
from the onsite storm drain before the storm water reaches the City owned storni drain`system. A
full capture system or device is a single device or series'of devices that traps�all_particles retained by
a 5`mrn;mesh screen and has a design treatinerit capacrty�of not less`than'the peak flow rate Q .
resulting from a one-year, one=hour storm in the suli-drainage area (see t11e 1Vlunicipal Regional
Permit section�C.lO.for further inforinatiori%requiremerifs). '
5. TRASH ENCLOSi.TIZES _ . , .
A trash�`enclosure plan must`be designed to the satisfaction `of tlie Erivironxnental'Programs
Manager. Clearance by the Public Works I�epartment is rieeded prior to' obtaiiiing 'a biiilding
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6: IZEPLTSE`TRUCK ACCESS ; ;. ,
Developer shall obtain clearance from the'Environmerital Prograins 1Vlanager in regards to refuse
truck access for the proposed development.
7. BEST 1VIANAGEMEIVT PRACTICES
Utilize Best 1Vlanagement Practices (BMPs), as required by tlie State Wafer Resources Gontrol�oarcl,
for construction activity that disturbs soil. B1VIP plans shall.be;-.included in grading and �street
unprovement plans.
� 8. EROSIOIV CON'TROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer. This plan
sliall include all erosion coritrol measures used to retain materials on site. Erosion control notes
shall be stated on the plans . -
9. TiUORK SCHEDUI,E
Every 6 moritlzs,�'the developer shall subriiit a work schedule`to t11e City to show the timetable�"for all
grading/erosion control work in conjunction with this project.
10. OPElZATIONS&1VIAINTENANCE AGREElVIENT
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' DeVeloper shall enter into an Operations & 1Vlaintenance 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 liglits.
11. FIRE PROTECTION
Fire sprinklers`shall be installed in any new construction to the approval of the City.
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SANTA CLARA COUNTY FIRE DEPARTIVIENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Departrnent :
prior to issuance of building permits. Clearance should include written approval of the locatiori of
any proposed'.Fire Backflow Preventers, Fire I�epartment Connections ancl Fire Hydrants (typically
� Backflow Preventers should be located on pri�ate property adjacent to the public right of way; and `
fire department connections must be located witivn 100' of a Fire I=Iydrant).
Resolution No.6749 U-2014-01 June 9, 2014
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12. FIRE HYDRANT �
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13. DEDICATTON OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 9th day of June, 2014� Regular Meeting of the Planning Commission of
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Brophy,Sun, Gong,Takahashi
NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMNIISSIONERS:none
ATTEST: APPROVED: �
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a � Paul Brophy, ir
Assistant Director of Community Development Cupertino Pl g ission
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G:�Planning�PDREPORT�RES�2014�U-2014-01 res.doc