Reso 6827CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6827
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING AN APPEAL
AND UPHOLDING THE FEBRUARY 23, 2017 ADMINSTRATIVE HEARING OFFICER'S
DECISION TO APPROVE THE MODIFICATION OF AN EXISTING USE PERMIT TO ALLOW
A DAYCARE USE TO OPERATE AT 940 S. STELLING ROAD
SECTION I• PROTECT DESCRIPTION
Application No.: U-2016-02
Applicant: Diane Hsu (Christian Light and Salt Foundation)
Appellant: Srilakshmi Vemulakonda
Location: 940 South Stelling Road (APN 359-25-041)
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of the
Administrative Hearing Officer's February 23, 2017 decision to approve the modification of an
existing Use Permit to allow a daycare center to operate in a Quasi -Public Building Zone; and
WHEREAS, the project is categorically exempt from the California Environmental Quality Act
(CEOA); and
WHEREAS, the necessary public hearing notices have been given as required by ,the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has field 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:
1. The proposed development and/or 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;
A daycare 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. Noise impacts from the proposed project would be mitigated by new or
existing wooden fences located on the site or at the shared property lines. The proposed use
Resolution No. 6827 U-2016-02 April 25, 2017
Page 2
provides a convenience to the community, including potentially low-cost child care
services.
2. The proposed development and/or use will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the
purpose of this title and complies with the California Environmental Quality Act (CEQA).
The proposed project is consistent with and will be conducted in a manner in accordance
with the General Plan, Zoning Ordinance and is consistent with previous approvals. The
proposed use will be reviewed further by the California State Department of Community
Care Licensing, Building Department and Fire Department to ensure compliance with
rules and regulations for pre-schools. Furthermore, the use is categorically exempt under
CEQA in that the proposed project involves negligible changes to an existing use.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III and IV of this
Resolution beginning on Page 2 thereof, the Application No. U-2016-02 is hereby approved; and
that the sub -conclusions upon which the findings and conditions specified in this Resolution are
based and contained in the public hearing record concerning Application U-2016-02 as set forth in
the Minutes of the Administrative Hearing Meeting of February 23, 2017, and the Planning
Commission Meeting of April 25, 2017, and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Playground Furniture Installation at Good
Shepherd Christian Church, 940 S. Stelling Road, Cupertino CA" consisting of six (6)
sheets labeled as A0.1, A1.1, A1.2, A2.1, L-1 drawn by RCUSA Corporation, two (2) sheets
from Playcraft Systems, and project description dated received January 5, 2017, 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 incorporated into and annotated on the first
page of the building plans.
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Paye 3
April 25, 2017
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DIR-2016-34 shall be applicable to this
approval.
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval, in accordance with 6-U-86, Resolution No.2777 as
approved by the Planning Commission on February 3, 1986, and the modification of the
use permit M-2009-05, Resolution No. 6559 as approved by the Planning Commission on
June 23, 2009, shall remain in effect except as may be amended by conditions contained in
this resolution.
6. ALLOWED USES
A privateschool/daycare use is allowed to operate on the site between the hours of 8:00
a.m. and 6:30 p.m. for a maximum of 70 students. Staff may arrive as early as 7:00 a.m.
The private school/daycare operator shall designate a point of contact and monitor for all
complaints, circulation, parking and other onsite activities.
7. TRAFFIC MANAGEMENT PLAN
The private school/daycare operator will in their welcome packages, and with on-site
signage, inform parents/guardians of enrolled students that, in the interests of being good
neighbors, on -street parking should be avoided, including during pick up and drop off.
A traffic monitor shall also be identified and assigned to manage the plan and the onsite
traffic, parking, and circulation conditions.
S. REVIEW OF NOISE GENERATION
The City shall conduct a periodic review of the noise generated by the use to ensure
consistency with Cupertino Municipal Code Chapter 10.48: Community Noise Control.
9. NEW DRIVEWAY APPROACH
The property owner shall work with the Department of Public Works to study and
implement a new driveway approach, where feasible, along South Stelling Road. If
feasible,_ the driveway approach is to be completed prior to occupancy of the private
school/daycare use.
10. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial problems, the City reserves the right to review
this use permit at any time for additional mitigation measures or revocation of the use
permit.
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Page 4
11. SIGNAGE
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.
12. 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.
13. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution 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 applicant shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
14. 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 ADMINSTERED BY THE BUILDING DEPARTMENT
15. BUILDING PERMIT ISSUANCE
A building permit is required for the alteration to the classrooms and the installation of
the playground structure to guarantee compliance to the 2016 California Building Codes.
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Page 5
PASSED AND ADOPTED this 2511, day of April 2017, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Fung, Liu, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Benjamin Fu
Asst. Director of Community Development
APPROVED:
Don Sun
Chair, Planning Commission