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PC Packet 4-14-2020CITY OF CUPERTINO PLANNING COMMISSION AGENDA This will be a teleconference meeting without a physical location Tuesday, April 14, 2020 6:45 PM TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways : 1) E-mail comments E-mail comments received by 4:00 p.m. on the day of the meeting at planning@cupertino.org will be forwarded to the Planning Commissioners before the meeting and will be posted to the City’s website after the meeting. 2) To comment by email during the times for public comment (Oral Communications or during the Public Comment period for an agenda item) during the meeting, please send an email to the Planning Department at planning@cupertino.org. A Staff Member will read the email into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Please email any attachments you would like to have presented prior to the start of the meeting. 3) Teleconferencing Instructions Members of the public may provide oral public comments during the teleconference meeting as follows : Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. To address the Planning Commission, follow the instructions below to access the meeting . Page 1 Planning Commission Agenda April 14, 2020 Phone Dial: 888-788-0099 or 877-853-5247 and enter Webinar ID: 912 526 133 (Type *9 to raise hand to speak) The last four digits of your phone number will be called when it is your turn to speak. When called, please limit your remarks to the allotted time. On-Line https://cityofcupertino.zoom.us/webinar/register/WN_0q3h_hfwSnGj2vSH8q4RQg Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 912 526 133 SIP: 912526133@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Registration begins at 6:30p.m. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser : Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes of March 10, 2020 (Postponed from the March 24, 2020 meeting) Recommended Action: Approve or modify the Draft Minutes of March 10, 2020 Draft Minutes of March 10, 2020 Page 2 Planning Commission Agenda April 14, 2020 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS 2.Subject: Use Permit and Architectural and Site Approval to allow the conversion of two existing retail buildings to a preschool and after school program, with associated site modifications to provide for required outdoor play facilities. (Vidyarambh…The Right Beginning). Application No(s).: U-2019-006, ASA-2019-010; Applicant(s): Devan Namboodiri/Gryphon Creek; Location: 10041 N Blaney Ave and 20015 Stevens Creek Blvd APN#316-23-036, 093 (Postponed from the March 24, 2020 meeting.) Recommended Action: Conduct the public hearing and find: 1) that the project is exempt from CEQA; and 2) approve the applications per the Draft Resolutions Planning Commission decision final unless appealled Staff Report 1 – Draft Resolution for U-2019-006 2 - Draft Resolution for ASA-2019-010 3 - Operational Plan 4 – Noise Impact and Mitigation Study for Vidyarambh Preschool/Afterschool, Dated January 16 , 2020. 5 – Trip Generation Study for a Day Care Facility on Stevens Creek Blvd in Cupertino, CA, Dated December 10, 2019 6 - Plan Set 7 - Play Structures 8 - Public Comments OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS ADJOURNMENT Page 3 Planning Commission Agenda April 14, 2020 If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next Planning Commission meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning Commission meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 4 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING ACTION MINUTES, March 10, 2020 PLEDGE OF ALLEGIANCE At 6:45pm Chairperson Moore called to order the regular Planning Commission meeting in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moore, Vice Chair R Wang, Commissioners, David Fung, Vikram Saxena Absent: Alan Takahashi APPROVAL OF MINUTES: 1. Subject: Draft Minutes of February 25, 2020. Recommended Action: Approve or modify the Draft Minutes of February 25, 2020 Moved by Fung and seconded by Wang to: “Approve the minutes”. The motion carried 4-0- 1 (Takahashi absent) POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None WRITTEN COMMUNICATIONS: Emails were received regarding Item #2 STUDY SESSION: 2. Subject: Study Session regarding common terms and documents related to the CEQA process Recommended Action: Receive the presentation and provide any input to Staff An Urban Planner from Shute, Mihaly & Weinberger, Carmen Borg, provided an overview of the California Environmental Quality Act. She answered questions from the Commissioners. Chair Moore opened the public comment period and the following individual(s) spoke: Johan Nubrent Jennifer Griffin Lianna Crabtree Lisa Warren Chair Moore closed the public comment period. The Commissioners discussed various hypothetical scenarios to gain clarification regarding how CEQA regulations are implemented. Commissioner Fung left the meeting at 9:00pm PUBLIC HEARINGS: None NEW BUSINESS: None OLD BUSINESS: None REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None REPORT OF THE PLANNING COMMISSION: Commissioner Saxena reviewed the topics discussed at the Mayor’s Monthly meeting. Chair Moore mentioned the CEQA class and Planning Commissioners Academy training she has recently attended. ADJOURNMENT: The meeting was adjourned at 9:30pm to the next regular Planning Commission meeting on March 24, 2020 at 6:45 p.m. Respectfully Submitted: ______/s/Beth Ebben_______________ Beth Ebben, Deputy Board Clerk PLANNING COMMISSION STAFF REPORT Meeting: April 14, 2020 Subject Use Permit and Architectural and Site Approval to allow the conversion of two existing retail buildings to a preschool and after school program, with associated site modifications to provide for required outdoor play facilities. (Application No(s): U-2019- 006, ASA-2019-010; Applicant: Devan Namboodiri/Gryphon Creek; Location: 10041 N Blaney Ave and 20015 Stevens Creek Blvd; APN(s): 316-23-036 and 316-23-093) Recommended Actions That the Planning Commission adopt the proposed draft resolutions to: 1. Find that the approval of the project is exempt from CEQA; 2. Approve the Use Permit (U-2019-006) (Attachment 1); 3. Approve the Architectural and Site Approval (ASA-2019-010) (Attachment 2) Discussion Project Data: General Plan Designation: Commercial/Office/Residential Special Area: Heart of the City (Central Stevens Creek Blvd sub-area) Zoning Designation: P (CG, Res) / Planned Development General Commercial and Residential Total Building Area 6,358 s.f. (in two buildings) Total Outdoor Play Area: 5,322 s.f. Total Students: 120 (90 – Pre-school; 30 – After-school) Total Employees: 12 Hours of Operation: Office Pre-school After-school 8:00 a – 6:30 p 8:30 a – 6:00 p 12:30 p – 6:30 p Required Available Auto Parking: 53 53 Project Consistency with General Plan: Yes Zoning: Yes ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 2 Background: The applicant, Vamadevan Namboodiri, representing Vidyarambh Pre-School/After- School is requesting a Conditional Use Permit and an Architectural and Site Approval to convert approximately 6,358 square feet of vacant retail space for classrooms and approximately 5,322 square feet of existing parking lot and landscaping into a play area for a pre-school and after school care proposed at two retail buildings. This pre-school is considered a heritage school in accordance with the licensing of the State of California. The operator currently has a school in Santa Clara. The project site is located at the northwest corner of the intersection of Stevens Creek Boulevard and Blaney Avenue within the Heart of the City Specific Plan Area (HOC). See Figure 1. To the north of the project site are detached single- family residential uses; to the south and across Stevens Creek Boulevard are mixed residential- commercial uses (Biltmore); to the west are office uses; and to the east across Blaney Ave are mixed residential-commercial uses (Travigne). The proposed pre-school would occupy two vacant one-story buildings across two adjoining parcels. Both lots are owned by the same entity, Gryphon LLC. One vac ant building is located at 20015 Stevens Creek Boulevard (identified as Building A), behind the former Shan Restaurant, and previously was a music store. The other, located at 10041 Blaney Avenue, was a convenience market (Q Mart) which has been vacant since the mid- 2000’s (identified as Building B.) Analysis: Daycare Use Limitation in Commercial Districts The Heart of the City (HOC) Specific Plan allows all permitted and conditional General Commercial uses with some additional limitations for non-retail (non-sales-tax generating uses) uses such as pre-schools, daycares or nurseries. Such uses are limited to occupying no more than 25% of the total building frontage along Stevens Creek Boulevard and/or 50% of the rear of the building. This criterion was established to ensure that non-commercial uses that do not involve direct customer service do not dominate a Figure 1: Site aerial showing the surrounding uses. Blue stars indicate proposed locations of pre-school. ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 3 commercial site and to also help maintain the overall commercial core experience within the HOC. The proposed daycare use is within buildings that do not front Stevens Creek Boulevard and are thus not subject to this limitation. However, childcare use is a Conditional Use in the General Commercial zoning district per the Municipal Code. Operations Vidyarambh Pre-School/After-School’s business program indicates that the school will have up to a maximum of 120 students with a maximum of 90 pre -school and 30 after- school students (See Attachment 3). The office hours are between 8:00 a.m. and 6:30 p.m. with childcare operations being 8:30 a.m. – 6:00 p.m. for the preschool and 12:30 p.m. – 6:30 p.m. for the after-school program. The General Commercial ordinance allows operations to occur between 7:00 a.m. and 11:00 p.m. Therefore, a Conditional Use permit is not required for early or late hour operations. Site Improvements State law requires that childcare centers provide outdoor play areas for children. The applicant intends to meet the State requirement by providing approximately 5,322 square feet of play area to the west and south of the childcare facility, replacing 4 parking spaces. The location would enable the children to use the play area without having to cross the driveway or parking lot. The play area would be approximately 20 feet from the single- family residential buildings to the north, and adjacent to the classrooms. The total play area (Attachment 7) will consist of:  Soft rubber playground surface around the play structure.  Tables, chairs, sand boxes, and benches  A single play structure with a fall height of 4 feet and the top height being 7 feet. The applicant is proposing a 6-foot high wood fence around the play area, between Building’s A and B and along the southern end of Building A along the parking lot. The applicant is also proposing to replace an existing 3 -foot high chain link fence between Building B and the residential property to the north with a 6-foot high wood fence. While the applicant is proposing a 6-foot high wood fence, a review of childcare centers approved by the City indicates that other play areas have been fenced with a decorative/open fencing design. A condition of approval has been added to make this a requirement of this childcare facility as well. Cupertino Municipal Code Chapter 19.124 requires all new centers and centers with a twenty-five percent or greater increase in floor area or a twenty-five percent or greater change in floor area to conform to the parking lot landscape standards of that chapter. Although this proposal does not cross that threshold, the operator, as part of this ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 4 application, is proposing to install the following site improvements:  Enhanced landscaping within the parking lot area and in front of Building B, that includes the planting of seven crepe myrtle trees.  To improve traffic circulation in the parking lot area, the applicant has proposed a more efficient roundabout to direct traffic and slow drivers near the play area.  Seismic upgrades to the walls of the existing buildings. In an effort to better screen the neighboring office building, the applicant is required to plant four (4) evergreen trees along the western property line. These trees will need to be confirmed that they will be able to survive within the confines of the areas in which they are planted. Parking The improvements to accommodate the play area and other site improvements will eliminate 18 parking spaces, leaving 53 spaces available between the three buildings. According to the City’s Parking Ordinance, the daycare center is required to provide nineteen (19) parking spaces (1 space per 6.5 children) based on the proposed number of children at the facility. When combined with the remaining commercial uses, the total number of parking required for the site is fifty-five (53) spaces. Therefore, there would be adequate parking available at the site. The following table indicates the existing and proposed parking for the site: Existing Change Proposed Required Building B (10041 Blaney Ave) 12 0 12 19 (1 space/6.5 students) Building A (20015 SCB) 59 -18 (due to proposed playground and parking lot improvements) 41 Shan Restaurant (20007 SCB) 34 (120 seats) Total 71 -18 53 53 The applicant will be required to provide one Class I bicycle parking facility in accordance with the City’s Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. Trash Enclosure and Shed Applicant is providing a new trash enclosure that will comply with the City’s standards, located in the middle of the west parking area. The final trash enclosure design will be reviewed by the Community Development Director and Public Works prior to building permit issuance. In addition to the trash enclosure, the applicant will also install a 120 s.f. shed. In ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 5 commercial zoning districts, accessory structures must meet the setbacks for the primary structures on the property. The shed is located toward the rear of the property and has a setback of over 20 feet from both the rear and interior side property lines. Traffic Considerations A trip generation study completed by Hexagon Transportation Consultants (Attachment 4) concluded that the use would generate 1,469 less daily trips with 80 fewer peak morning trips and 30 fewer peak evening trips than the former convenience market and music store. Therefore, there are no significant traffic impacts. However, the project is subject to the City’s Traffic Impact Fee (TIF). This has been added as a condition of approval. The TIF is used to make city-wide roadway and other improvements to improve the traffic conditions. Pick-Up and Drop-Off (Circulation) Drop-off times for pre-school are scheduled from 8:30-10am and pick-up times are scheduled from 4:30-6:00pm. For the afterschool program, drop-off is between 12:30 - 3:30pm and pick-up is from 5:30-6:30pm. The parking area in front of Building B has been designed as the designated drop-off area and, in addition, the applicant is designating two parking spaces in front of the building as pick-up and drop-off stalls. Curbside drop- off and pick-up on the public streets (Blaney Avenue and Stevens Creek Boulevard) is not allowed nor proposed. The project has a condition of approval requiring them to submit a detailed pick-up and drop-off plan. Certain considerations in the plan shall include the aforementioned as well as discouraging parents from using the easement connecting the properties to the west during school hours and adding two more drop-off parking spaces along the building located on Blaney Avenue. Noise Considerations A noise study was completed by the City’s Noise Consultant, Environmental C onsulting Services (Attachment 5). The proposed playground would be located 20 feet from the rear property line. Based on the operational information provided by the applicant, only two groups of between 24-32 children would be out in the playground for up to 30 minutes at a time throughout the day. The study found that the proposed day care activities would create intermittent outdoor noise levels from 50 to 55 dBA at 25-35 feet from voices and children activities. The study concludes that given the limited schedule of the outdoor activities and the distance between the daycare to the adjacent residential, office and commercial uses, the project is not anticipated to generate significant noise impacts. Potential noise impacts from indoors are anticipated to be negligible due to the noise attenuation by the walls and windows of the building. A condition of approval requires the property owner to ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 6 implement noise attenuation measures if there are documented ordinance violations in the future. Environmental Assessment: The use permit and architectural and site approval are categorically exempt from the California Environmental Quality Act (CEQA) per the following Sections:  Section 15303 (Conversion of Small Structures) of the CEQA Guidelines because it relates to the conversion of an existing small structure (not exceeding 10,000 square feet) in an urbanized area from one use to another where only minor modifications are made to exterior of the structure. This exemption applies to the proposed project because there is no addition of square footage to the existing buildings, with minimal improvements for seismic upgrades and adding a play area in the existing landscape and parking lot areas;  Section 15332 (In-fill Development Projects) of the CEQA Guidelines because it is consistent with both general plan policies and zoning designations; is within the city limits and is surrounded by urban uses; is not recognized as a habitat for endangered or rare species; would not have a significant impact on traffic, noise, air quality, or water quality; and can be adequately served by all required utilities and public services. This exemption applies to the project because the e xisting built out parcels are less than five acres, currently have access to all utilities, and the pre- school is a conditional use allowed for the current zoning on the sites. Further, there would be no impacts to endangered, rare or threatened species as well as any significant effects to traffic or noise. Other Department/Agency Review: The City’s Public Works Department, Building Department, and the Santa Clara County Fire Department reviewed the project and have no objections. Public Noticing and Outreach The following table is a brief summary of the noticing done for this project: Public Notice Agenda  Site Signage (14 days prior to the hearing)  Legal ad placed in newspaper (at least 10 days prior to the hearing)  78 public hearing notices mailed to property owners within 300 feet of the project site (10 days prior to the hearing)  Posted on the City’s official notice bulletin board (one week prior to the hearing)  Posted on the City of Cupertino’s website (one week prior to the hearing) ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 7 The applicant on February 8, 2020 conducted an outreach meeting onsite to discuss the proposed pre-school. Notices were sent to neighbors and property owners within a 500 - foot radius. Approximately 3 residents from the surrounding neighborhood attended. Two (2) public comments have been received as of the date of production of this staff report (April 9, 2020). The concerns mentioned include, but not limited to, noise and traffic impacts, as well as the need for better landscaping. The City’s consultants have completed analyses of the impacts regarding noise and traffic and found them to be minimal. The applicant is required to submit a drop-off and pick-up plan that should help to avoid any impacts with to neighboring properties. The project is further conditioned to add more landscape screening along the western property line for the benefit of the office development to the west. Permit Streamlining Act This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Submission: December 2, 2019; Deemed Incomplete: December 23, 2019 Project Resubmission: January 17, 2020; Deemed Complete: February 4, 2020 Since this project is Categorically Exempt, the City has 60 days (until April 4, 2020) to decide on the project. The applicant has agreed to have the project determination pushed to the April 14, 2020 hearing date. Conclusion The noise and traffic studies have indicated that the addition of pre-school at the current location will not significantly impact the surrounding land uses. The site improvements as proposed by the applicant are an improvement to the existing conditions o f the parking area and are compatible with the surrounding properties. The existing buildings are not along Stevens Creek Boulevard, thus not removing any retail along the thoroughfare. Staff recommends approval of the request since it is not anticipated to have significant impacts to the neighborhood. Additionally, all the findings for approval of the proposed project, consistent with Chapters 19.156, 19.168, and 19.60 of the Cupertino Municipal Code, can be made. Please refer to the draft resolutions (Attachments 1 & 2) for the detailed explanation on how the project meets each specific finding. NEXT STEPS The Planning Commission’s decision on this project is final unless an appeal is filed within 14 calendar days of the date of the mailing of the decision, on April 28, 2020. ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020 10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 8 Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Approved for Submission by: Albert Salvador, Assist. Director of Community Development ATTACHMENTS: 1 – Draft Resolution for U-2019-006 2 – Draft Resolution for ASA-2019-010 3 – Operational Plan 4 – Noise Impact and Mitigation Study for Vidyarambh Preschool/Afterschool, Dated January 16, 2020. 5 – Trip Generation Study for a Day Care Facility on Stevens Creek Blvd in Cupertino, CA, Dated December 10, 2019 6 – Plan Set 7 – Play Structures 8 – Public Comment CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW THE CONVERSION OF TWO EXISTING RETAIL BUILDINGS TO A PRESCHOOL AND AFTER SCHOOL PROGRAM LOCATED AT 10041 N BLANEY AVE AND 20015 STEVENS CREEK BLVD SECTION I: PROJECT DESCRIPTION Application No.: U-2019-006 Applicant: Devan Namboodiri/Gryphon Creek Property Owner: Gryphon Creek Location: 10041 N Blaney Ave and 20015 Stevens Creek Blvd (APN#316-23- 036, 093) SECTION II: FINDINGS FOR USE 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 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, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemptions in CEQA Guidelines sections 15303, and 15332, for the reasons set forth in the staff report dated April 14, 2020 and incorporated herein; 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: Resolution No. U-2019-006 April 14, 2020 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; The project is consistent with all aspects of the City’s Ordinance. The site is sufficiently parked. A traffic and noise analysis have been prepared confirming that the project will not have any significant 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 this 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. WHEREAS, on April 14, 2020, the Planning Commission held a duly noticed public hearing to receive public testimony on the Project, including the categorical exemptions in CEQA Guidelines sections 15303 and 15332, and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral statements received by the Planning Commission at or prior to the public hearing; and NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA exemption, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this resolution beginning on PAGE 3 thereof, 1. The Planning Commission exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to the categorical exemptions in CEQA Guidelines sections 15303 and 15332. The exemption in CEQA Guidelines section 15303 relates to the conversion of an existing small structure (not exceeding 10,000 square feet) in an urbanized area from one use to another where only minor modifications are made to exterior of the structure. This exemption applies to the proposed project because there is no addition of square footage to the exisiting buildings, with minimal improvements for seismic upgrades and adding a play area in the existing landscape and parking lot areas; The exemption in CEQA Guidelines section 15332 applies to an infill development project which 1) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable Zoning designations and regulations; 2) occurs within the City limits on a site of less than 5 acres in size that is substantially surrounded by urban uses; 3) is located on a site that has no value for endangered, rare or threatened Resolution No. U-2019-006 April 14, 2020 species; 4) would not result in any significant effects related to traffic, noise, air quality or water quality; and 5) can be adequately served by all required utilities and public services. This exemption applies to the project because the existing built out parcels are less than five acres, currently have access to all utilities, and the pre- school is a conditional use allowed for the current zoning on the sites. Further, there would be no impacts to endangered, rare or threatened species as well as any significant effects to traffic or noise; and 2. The application for a Use Permit, Application no. U-2019-006 is hereby approved. The subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no.(s) U- 2019-006 as set forth in the Minutes of the Planning Commission Meeting of April 14, 2020, 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 120 students (90 pre- school and 30 after-school). 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 re levant 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 “Vidyarambh Pre-School/After-School” prepared by Ray House dated November 12, 2019 consisting of pages A0.0, A1.2, A3.0, AA1.0, and AA1.1 and the business plan labeled “Vidyarambh Cupertino LLC” consisting of three 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). Resolution No. U-2019-006 April 14, 2020 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. ASA-2019-010 shall applicable to this approval. 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 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. The Planning Commission may limit the number of children allowed in the outside play yard in the event that the noise levels at the site violate City standard noise levels. 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, 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 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 10:00 a.m. 12:30 p.m. to 3:30 p.m. 4:30 p.m. to closing Further, the plan shall also discourage parents/guardians from utilizing the easement connecting the properties to the west during school hours for the benefit of pick-up and/or drop-off. An additional two parking spaces shall be delineated in the front of 10041 N. Blaney to allow parents the ability to walk children to their classrooms during school hours. 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. UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Planning Division. Resolution No. U-2019-006 April 14, 2020 8. SIGNS Signage is not approved with this use permit application. Signage shall conform to the City Sign Code and requires a separate sign permit. 9. 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. 10. INDEMNIFICATION The applicant agrees that, to the fullest extent permitted by law, the applicant shall indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively , the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, 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 related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized 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 (thirty) days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel 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. The applicant shall likewise indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant further agrees to defend, indemnify and hold harmless the indemnified parties for all cost incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review if the applicant desires to continue to pursue the project. 11. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS Resolution No. U-2019-006 April 14, 2020 The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 1. STREET IMPROVEMENTS Street dedication and improvements along the project frontage to the satisfaction of the Director of Public Works. Street improvements may include, but not be limited to, remove and repair sidewalk, driveways, curb, gutter and street tree installations. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 2. ACCEPTANCE OF PROPERTY RIGHTS The Public Works Director, or his/her designee, shall have the aut hority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City. 3. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements (eg. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 4. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Wo rks. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. 5. 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 that satisfies C.3 requirements and is approved by the Director of Public Works. Resolution No. U-2019-006 April 14, 2020 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. 6. 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 and fees shall be executed and paid prior to issuance of Building permit. Fees: a. Checking & Inspection Fees: Per current fee schedule ($891) b. Storm Drainage Fee: Per current fee schedule ($9,566 per AC) c. Transportation Impact Fee: Per current fee schedule: ($6,298 per new peak- hour trip being generated) d. Encroachment Permit Fee: Per current fee schedule ($816) e. Street Tree: By Developer Bonds: a. Encroachment Bond: 100% of Off-site Improvement 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. 7. TRANSPORTATION IMPACT FEES The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code). 8. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Resolution No. U-2019-006 April 14, 2020 9. UNDERGROUND UTILITIES 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. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 10. TRANSFORMERS & CABINETS 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 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. Transformers shall not be located in the front or side building setback area. 11. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 12. 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. 13. EROSION CONTROL PLAN 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. 15. 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 Resolution No. U-2019-006 April 14, 2020 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. 16. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 17. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 18. 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. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 19. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 20. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 21. DEDICATION 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. 22. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPT. Resolution No. U-2019-006 April 14, 2020 1. FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.19 whichever is the more restrictive. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. In other than residential buildings which require the installation of fire sprinklers for all new buildings according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a. Buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire Area. b. Buildings and structures that are located in the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building area. c. Group S -2 or U occupancies that are not located in the Wildland-Urban Interface and used exclusively for vehicle parking and meeting all of the following conditions: i. Noncombustible construction, ii. Maximum building area not to exceed 5,000 square feet, iii. Structure is open on three (3) or more sides, iv. Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with CBC 706. 2. An automatic sprinkler system shall be provided throughout existing buildings and structures when alterations or additions are made that create conditions described in Sections 903.2.1 through 903.2.19. 3. An automatic sprinkler system shall be provided throughout existing buildings and structures, when additions are made that increase the building area to more than 3,600 square feet. 2. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 3. TIMING OF INSTALLATION Resolution No. U-2019-006 April 14, 2020 When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC Sec. 501.3, 501.4 4. FIRE ALARM REQUIREMENTS Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 378-4010 for more information. 5. ADDRESS IDENTIFICATION New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 6. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. PROPERTY LINE CLEANOUT Install new property line cleanout to District’s standards. See attached detail. Property line cleanout must be within 5 feet of the property line. Cleanout shall be Resolution No. U-2019-006 April 14, 2020 the same diameter as the street portion of the service lateral. Gravity lateral is 4” diameter. 2. INSPECTIONS For the Cupertino Sanitary District Initial (Visual) Inspection, contractor shall leave new pipe installation exposed. Do not backfill. Owner to contact District 48 hours prior to scheduling a District Inspector for a visual inspection. For final (CCTV) Inspection and Approval of the new property line cleanout, point of connection, and District lateral is required prior to clearance for City of Cupertino Final Inspection. Owner must allow District at least 48 hours’ notice to schedule a District Inspector for a video inspection. District to provide Building Department with written notification upon completion of inspection. 3. STORM WATER Storm water surface or roof drains and other general surface water runoff, shall not be discharged to the sanitary sewer. 4. SANITARY SEWER LATERAL UPGRADE The applicant may potentially be required to upgrade their sanitary sewer lower lateral if the District finds the structural conditions of the pipe to be unsatisfactory. PASSED AND ADOPTED this 14th day of April 2020, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Catherine Moore Planning Manager Chair, Planning Commission CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL TO ALLOW SITE MODIFICATIONS TO PROVIDE FOR REQUIRED OUTDOOR PLAY FACILITIES FOR A PROPOSED PRESCHOOL AND AFTER SCHOOL PROGRAM LOCATED AT 10041 N BLANEY AVE AND 20015 STEVENS CREEK BLVD SECTION I: PROJECT DESCRIPTION Application No.: ASA-2019-010 Applicant: Devan Namboodiri/Gryphon Creek Property Owner: Gryphon Creek Location: 10041 N Blaney Ave and 20015 Stevens Creek Blvd (APN#316-23- 036, 093) SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval 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 has held at least one public hearing in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemptions in CEQA Guidelines section 15303, and 15332, for the reasons set forth in the staff report dated April 14, 2020 and incorporated herein; and Draft Resolution ASA-2019-010 April 14, 2020 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: 1. The proposal, 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 project has satisfied all aspects of the City’s Ordinance. The project is sufficiently parked. A traffic and noise analysis has been prepared confirming that the project will not cause significant impacts to the surrounding area. 2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use permits, exceptions, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. Only minor changes have been proposed to the existing building that do not affect the overall architectural quality of the building. The project is not proposing to significantly alter the exterior of the existing buildings. Only the necessary site and building modifications/improvements associated with the daycare operation are proposed. b) In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill- over light to adjoining property owners. Design harmony between new and existing buildings has been preserved and the materials choosen will reflect the existing exterior, and with the future character of the Draft Resolution ASA-2019-010 April 14, 2020 neighborhood and purposes of the zone in which it is situated. The location, height and materials of the proposed site improvements, landscaping features, and play area fencing harmonize with adjacent developments and are designed to complement the existing surrounding professional and commercial uses. WHEREAS, on April 14, 2020, the Planning Commission held a duly noticed public hearing to receive public testimony on the Project, including the categorical exemptions in CEQA Guidelines sections 15303 and 15332, and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral statements received by the Planning Commission at or prior to the public hearing; and WHEREAS, the Planning Commission determined that the project is categorically exempt in accordance with CEQA Guidelines sections 15303 and 15332; and NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA exemptions, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this r esolution beginning on PAGE 3 thereof, 1. The application for an Architecxtural and Site Approval Permit, Application no. ASA-2019-010 is hereby approved. The subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no.(s) ASA-2019-010 as set forth in the Minutes of the Planning Commissio n Meeting of April 14, 2020, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS This approval is based on Exhibits titled “Vidyarambh Pre-School/After-School” prepared by Ray House dated November 12, 2019 consisting of pages A0.0, A1.2, A3.0, AA1.0, and AA1.1 and the business plan labeled “Vidyarambh Cupertino LLC” consisting of three 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 Draft Resolution ASA-2019-010 April 14, 2020 (including but not limited to accessibility, fire safety, and building occupancy and other appropriate agencies). 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. U-2019-006 shall applicable to this approval. 3. FENCING The applicant shall use a decorative/open fencing design to enclose the play area. The Director of Community Development shall approve prior to issuance of building permits. 4. TREE PLANTING Four new 24-inch box evergreen species of trees shall be planted along the western property line in an effort to screen the pre-school from the neighboring office building. Species of threes shall be compatible with the landscape area in which they will be planted and drought tolerant. The applicant’s landscape plans shall be amended to show these trees prior to issuance of building permits. 5. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.” 6. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her Draft Resolution ASA-2019-010 April 14, 2020 designee, either with the landscape application package, or with the landscape installation report. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. Maintenance shall also include pruning of the screen shrubs along Stevens Creek Boulevard so as not to exceed the height of the wrought iron fence in accordance with Condition 5 of this Resolution. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other fact ors as recommended by a landscaping professional. 7. INDEMNIFICATION The applicant agrees that, to the fullest extent permitted by law, the applicant shall indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, 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 related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized 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 (thirty) days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel 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. The applicant shall likewise indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. Draft Resolution ASA-2019-010 April 14, 2020 The Applicant further agrees to defend, indemnify and hold harmless the indemnified parties for all cost incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review if the applicant desires to continue to pursue the project. 8. 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. PASSED AND ADOPTED this 14th day of April 2020, at the Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Piu Ghosh Catherine Moore Planning Manager Chair, Planning Commission Vidyarambh Cupertino LLC 18791 Arata Way, Cupertino CA 95014 Cell: 408 807 3444 Email: vidyarambhcupertino@gmail.com Operational Plan Introduction Vidyarambha Cupertino LLC is primarily a Preschool licensed by California States Community Care Licensing Department (CCLD). It would also be running an After School program along with the preschool program. The after school program will be a Heritage School registered with the department of education, Student Capacity calculations Preschool program caters to students of age group 2 to 6 years whereas the after school program caters to 5 to 13 year old students. CCLD requires 35sqft/child whereas Heritage requires 20sqft/child. There are 5 class rooms in this facility. Each room can accommodate 24 pre- school students or 42 after-school students. However, we would be enrolling only 30 after-school students in a class room. We plan to use 1 class room for after-school and 4 class rooms for pre-school students. When in full capacity, we would be serving a total of 126 students (4*24+1*30), out of which 96 would be pre-school children and 30 would be after school children. It is worth noting that, pre-school and after-school pick up and drop-off timings are staggered as described below. School Timings The Preschool session starts at 8:30AM. Parents can drop off their kids (96 students) between 8:30AM and 10AM. The pick up time is between 4:30PM and 6:00PM. Preschool section ends at 6:00PM. Page 2 Afterschool program starts from 12:30 PM. Students get dropped off any time between 12:30PM and 3:30PM (30 students). (The exact timing is based on which elementary/middle school they are coming from). Pick up time for After-schoolers is between 5:30PM and 6:30 PM. The school closes after that. School will be generally opened from 8:00AM to 6:30PM on week days and is closed on week-ends. Additionally, the school will be closed on school holidays as well. There are a total of 27 parking spaces exclusively for this facility. Parking locations in the front are reserved for parent pick up and drop off, while some of the parking at the back are reserved for employee parking. The remaining parking spaces will be secondary parking which would be used by visitors and parents at drop off times if it warrants so. Details of these locations are shown in the attached drawings. Play area Licensing agency insists a play area size of 75sqft/child. A class room with 24 students would thus require 24*75 = 1800 sqft of play area. Typically, no more than one or two classrooms will be brought outside to the play area at any given time. Exterior play area for this facility is 4700 sqft. This large play area could entail us to let 2 classrooms to access the play area simultaneously. About half of this area will be shaded. Initially, sun shade structures will be used for this purpose; however, our current plan is to plant a few trees which, over time, would replace majority of the artificial shade structures, Staff Parking Once in full operation, the school is expected to have 9 to 12 employees at a given time. As explained earlier, they would be parking at the designated parking spaces at the farthest end of the facility. Page 3 For all additional questions related to the pre-school operation, please contact Vamadevan Namboodiri (Devan) @ 408-807 3444 or vidyarambhcupertino@gmail,com Environmental Consulting Services * * * Saratoga ______________________________________________________________________________________ Environmental Consulting Services 18488 Prospect Road – Suite 1, Saratoga, CA 95070 Phone: (408) 257-1045 stanshell99@toast.net ______________________________________________________________________________________ January 16, 2020 Mr. Gian Martire Senior Planner Cupertino Planning Division 10300 Torre Ave Cupertino, CA 95014 RE: Noise Impact and Mitigation Study for Vidyarambh Preschool/Afterschool Project, 20015 Stevens Creek Blvd & 10041 N. Blaney Avenue, Cupertino 95014 Dear Mr. Martire, In response to your request I have evaluated the potential noise impacts that could be produced at nearby residential receptor locations by the subject project. This report discusses the present noise environment, the proposed noise from activities on site, and the potential construction and operational noise impacts at the nearest receptors in the area, and compliance with City noise guidelines. To summarize the conclusions of the report, the proposed school activities on-site would meet City noise ordinance limitations and would not produce any noticeable noise disturbance to receptors in the vicinity of the site. Project Description [1] [2] [3] Vidyarambh Cupertino LLC is a preschool licensed by California States Community Care Licensing Department (CCLD). It would also run an after-school program along with the preschool program. The after- school program will be a Heritage School registered with the department of education. The existing proposed site and nearby areas are shown in Exhibit 1. The preschool program caters to students of age 2 to 6 years, whereas the after-school program caters to 5 to 13-year-old students. There are 5 classrooms in the new facility, as shown in Exhibit 2. Each room can accommodate 24 preschool students, or 42 after-school students. However, the school would be enrolling only 30 after-school students in a classroom. One classroom would be used for after-school activities and 4 classrooms would be for preschool students. When at full capacity, a total of 126 students (4*24+1*30) would be served, of which 96 would be preschool children and 30 would be afterschool children. Preschool and after-school pick-up and drop-off timings are staggered, as described below. School Session Timing The preschool session starts at 8:30 AM. Parents can drop off their kids (96 students) between 8:30 AM and 10 AM. The pick-up time is between 4:30 PM and 6:00 PM. Preschool session ends at 6:00 PM. The after-school program starts at 12:30 PM. Students are dropped off any time between 12:30 PM and 3:30 PM (30 students). (The exact timing is based on which elementary/middle school they are coming from). Pick-up time for after-schoolers is between 5:30 PM and 6:30 PM. The school closes after that. School will be generally open from 8:00 AM to 6:30 PM on week days, and is closed on week-ends, as well as on school holidays. Vidyarambh School Project Noise Study, N. Blaney Avenue – Cupertino Page 2 of 7 Environmental Consulting Services * * * Saratoga Parking There are a total of 27 parking spaces exclusively for this facility. Parking locations in the front are reserved for parent pick-up and drop-off, while some of the parking in back of the building is reserved for employee parking. The remaining parking spaces are secondary parking, which would be used by visitors and parents at drop-off times, if needed. Parking locations are shown in Exhibit 2. Once in full operation, the school is expected to have 9 to 12 employees at any given time. Play areas The two large play areas equaling 4700 square feet are divided in two by a fence, as shown in Exhibit 2. The large play areas allow 2 classrooms to access the play area simultaneously. Typically, no more than two classrooms will be brought outside to play at any given time. About half of the area will be shaded. Initially, sun shade structures will be used for this purpose. However, the plan is to plant a few trees, which over time would allow replacement of a majority of the artificial shade structures. Exhibit 1 – Preschool/Afterschool Site and Nearby Areas Project site Noise measurement locations 1 2 3 Vidyarambh School Project Noise Study, N. Blaney Avenue – Cupertino Page 3 of 7 Environmental Consulting Services * * * Saratoga Exhibit 2 – Vidyarambh Preschool/ Afterschool Project – Blaney Avenue [2] Sensitive Receptor Locations The project area is a mixed residential and commercial neighborhood on the west side of North Blaney Avenue. The nearest sensitive receptor locations for noise generated by the project includes several single-family residential properties adjacent to the property to the north on Wheaton Drive. Other nearby properties are several multi-story residential buildings across Blaney Avenue. Other residential receptors in the area would have less project noise due to increased distance and building obstruction. This study investigates the extent to which the closest adjacent residences could be impacted by noise from the school project activities. The existing ambient noise environment and potential noise impacts are discussed in the following sections. Vidyarambh School Project Noise Study, N. Blaney Avenue – Cupertino Page 4 of 7 Environmental Consulting Services * * * Saratoga Ambient Noise Levels and Noise Sources in the Area Field noise measurements were made during morning and afternoon periods of January 8, 2020, with a CEL-440 Precision Noise Meter and Analyzer, calibrated with a B & K Model 4230 Sound Level Calibrator. The measurement locations were chosen to represent ambient noise levels at the front of the site and in the backyard play area. The measurement locations are shown in Exhibit 1. Noise levels were measured and are reported using percentile noise descriptors, as follows: L90 (the background noise level exceeded 90 % of the time), L50 (the median noise level exceeded 50% of the time), L1 (the peak level exceeded 1% of the time), and Leq (the average energy-equivalent noise level). Measured noise levels are presented in Exhibit 3 below. The Ldn noise levels were computed as the long- term average of the Leq using the daily traffic distribution in the area, with standard weighted penalties for the nighttime hours, and modeled with an enhanced version of the National Cooperative Highway Research Board traffic noise model [5]. EXHIBIT 3 AMBIENT NOISE LEVELS (dBA) Blaney School project site Location and time L90 L50 Leq L1 Ldn 1A. Front of site - 9:30 am 49 58 59.5 66 64 2A. Backyard play area – 10:30 am 46 48 51.0 60 50 1B. Front of site – 4:15 pm 49 57 59.2 67 64 2B. Backyard play area – 3:45 pm 46 49 50.3 57 50 3. South side of site – 3:00 pm 52 56 58.4 66 63 The primary source of noise in the project area is traffic on North Blaney Avenue, an arterial on which the site is located, as well as background noise from Stevens Creek Boulevard one block south and the I- 280 freeway several blocks north. Typical Blaney Avenue vehicle passby noise levels are in the 60-75 dBA range at 50 feet. Trucks, buses, motorcycles, and poorly-muffled vehicles produce peak levels 5 to 15 dBA higher on passby. Large and small aircraft and helicopter overflights create infrequent noise incidents of 55 to 60 dBA. There are no other significant noise sources in the project area. Relevant Cupertino Noise Ordinance Limits [4] Section 10.48.040 of the Cupertino Noise Ordinance is applicable to this project, which limits noise during daytime hours (7 am to 8 pm) on residential property to 55 dBA, and 50 dBA during evening hours (8pm to 7am). In addition, brief daytime noise incidents are allowed with somewhat higher noise levels by Ordinance section 10.48.050. For example, noise incidents that last less than 15 minutes during any two- hour period are allowed to be 5 dB higher than the long-term general limits. Potential Operational Noise Impacts Outdoor playground activities Most of the project noise would be from sporadic voices of the young kids during outdoor play periods. This can create intermittent brief noise from voices of 50 to 55 dBA at a distance of 25-35 feet within the play yard. However, the closest adjacent residences are approximately 30-40 feet from the nearest play areas, with a double fence, one 5-foot masonry and one 6-foot wood, on the property line, which reduce the play yard noise at the nearest residences by 5-7 dBA. Hence the expected worst-case brief noise levels from kids voices at the nearest residences would be 45-50 dBA, which is less than the 55 dBA Cupertino daytime noise limit. In addition, the noise levels of play activities are similar to and partially masked by the background traffic noise. Hence no noticeable noise from outdoor play activities is expected. Vidyarambh School Project Noise Study, N. Blaney Avenue – Cupertino Page 5 of 7 Environmental Consulting Services * * * Saratoga Project Traffic Noise To estimate the potential traffic noise impact, assume that the most trips to the site would be 96 (one per child) in the periods between 8:30 and 10:00 am and 4:30 to 6 pm, so perhaps a maximum of 70 trips per hour, worst case. With the existing moderate traffic volumes on Blaney (counted during noise measurements), the peak school traffic would increase traffic noise for residences on Blaney by only 0-1 dB. Hence, no noticeable increase in traffic noise would be generated by the preschool or afterschool operations. Temporary Demolition & Construction Noise Impacts and Mitigation Measures [6] This section describes potential noise levels of vehicles, heavy equipment and powered tools that are typically used for demolition, site preparation and construction tasks. Unless otherwise noted, noise levels are stated at a distance of 50 feet. Construction equipment noise level data are based on reference 6. The primary receptor locations affected by the construction phases include the adjacent houses on Wheaton Drive and the multi-story residential buildings across Blaney from the project site. Typical noise levels for demolition and construction equipment are listed in Exhibit 4 (next page), along with the "usage" level, the portion of the time that the equipment is generally used. In addition, each of the tasks is supported by some heavy truck traffic to and from the site. a. Equipment, Brush and Tree Removal There are a number of trees and bushes on the project site that must be removed, requiring the use of gas engine chain saws, which typically produce sound levels of 82-87 dBA. The smaller branches could be ground up on site using a tree chipper, which produces a noise level of 87-90 dBA. The tree cutting and chipping tasks would last a day at most. b. Blacktop and Concrete Removal Blacktop and concrete paving and curbs must be broken and removed during the demolition stage, requiring use of pneumatic jackhammers, loaders and heavy trucks. c. Site Clearing and Grading Site preparation could bring various types of heavy demolition and excavation machines to the site, such as small bulldozers, backhoes, graders and haul trucks. These have large diesel engines and typically produce noise levels of 85 to 90 dBA under full load and 80 to 84 dBA while idling. d. Wood Construction and Concrete Work A number of construction tasks involve working with wood and carpentry tools, such as building forms for concrete foundations and walls, and installing structural framing for new buildings. These tasks require both manual and electrical carpentry tools, which produce noise levels of 75 to 85 dBA, and also powered lifts and tractors to move and install framing members for the multiple story building. Following construction of forms, concrete mixer trucks and pumps would be required, which produce noise levels of 80 to 85 dBA. e. Completion of Structure and Interior Details Final construction phases include erection of exterior wall panels, windows, and roof followed by completion of interior walls, installation of equipment, plumbing and lighting. The highest noise levels during this period would be from material haul trucks and cranes, with miscellaneous pumps and auxiliary engines providing the background noise at 60 to 70 dBA. The final stages generally would not cause significant noise disturbances. Vidyarambh School Project Noise Study, N. Blaney Avenue – Cupertino Page 6 of 7 Environmental Consulting Services * * * Saratoga Exhibit 4 Typical Construction Noise Levels – 50 feet (dBA) Equipment Noise Level Usage % Mobile Equipment Front Loader 75-80 0.4 Backhoe 75-85 0.2 Bulldozers, tractors 75-85 0.4 Scraper 80-90 0.4 Grader 75-85 0.1 Truck 75-90 0.4 Paver 80-90 0.1 Materials Handling Concrete mixer 75-85 0.4 Concrete pump 75-80 0.4 Crane 75-85 0.2 Derrick 75-90 0.2 Stationary Equipment Pumps 70-75 1.0 Generators 75-80 1.0 Compressors 75-80 1.0 Saws 75-80 0.05 Impact Equipment Pile drivers 95-100 0.05 Jackhammers 75-90 0.1 Rock drills 80-100 0.05 Pneumatic tools 80-85 0.2 Analysis of Temporary Construction Noise and Mitigation Measures Demolition and construction noise would be intermittent and of limited duration at any given location, rather than continuous, since equipment is used sporadically over a number of days. During site preparation and construction, equipment would be 30-40 feet of the nearest receptor locations, so therefore the maximum noise exposure of this location could be over 75 dBA without mitigation. General Construction Noise Mitigation Measures The following general noise mitigation measures are suggested to minimize disturbance for those residences close to the site during demolition and construction. Vidyarambh School Project Noise Study, N. Blaney Avenue – Cupertino Page 7 of 7 Environmental Consulting Services * * * Saratoga 1. Install solid perimeter 8-foot plywood fences around the site during the demolition and construction phase to provide a noise reduction of 6 to 8 dBA for nearby businesses and residences. 2. Install superior mufflers and engine enclosure panels as needed on gas, diesel or pneumatic impact machines. 3. Choose construction equipment that is of quiet design, has a high-quality muffler system, and is well maintained. This includes trucks used to haul materials. 4. Restrict construction hours to normal daytime working hours. 5. Eliminate unnecessary idling of machines when not in use. 6. Use good maintenance and lubrication procedures to reduce operating noise. 7. If possible, locate equipment as far from adjacent residences as possible. Conclusions and Summary Overall ambient noise levels in the project area now depend primarily on Blaney, Stevens Creek and nearby freeway traffic noise, and these will continue to be the dominant noise sources in the area in the foreseeable future. The primary project noise would be intermittent and brief voice incidents from kids in the back yard play areas adjacent to the buildings. However, with the present moderate ambient noise level, and property line walls between the school and the adjacent residential properties, these noise incidents would be minimal and below City noise ordinance limits, and would not create any noise impacts in the adjacent residential areas. Thus, the Vidyarambh school operations would not create any noticeable noise impact and would result in a “Less than Significant” noise impact on any nearby properties. If I may be of further assistance on this project, please do not hesitate to contact me. Respectfully submitted, Stan Shelly H. Stanton Shelly Acoustical Consultant Board Certified Member (1982) Institute of Noise Control Engineering REFERENCES 1. Satellite map of project area; December 2019. 2. Project drawings, A00-A30; RHA, Sunnyvale, CA; Nov 2019 3. Operational Plan, Vidyarambh Cupertino LLC, Vamadevan Namboodiri; 2019. 4. Noise Ordinance, Municipal Code Section 10.48, Noise levels for residential and commercial zones; City of Cupertino. 5. Highway Noise - A Design Guide for Highway Engineers, National Cooperative Highway Research Program Report 117, Highway Research Board, National Academy of Sciences, Washington, D.C., 1971 (model enhanced and field validated by ECS). 6. "Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances", U.S. Environmental Protection Agency, Office of Noise Abatement and Control, Washington, D.C., December 1971. Memorandum Date: December 10, 2019 To: Mr. Gian Martire, City of Cupertino From: Brian Jackson Subject: Trip Generation Study for a Day Care Facility on Stevens Creek Blvd in Cupertino, CA Hexagon Transportation Consultants, Inc. has completed a trip generation study for a proposed day care facility in Cupertino, California. As proposed, the project would reoccupy two vacant one-story buildings currently on the project site. One vacant building is located at 20015 Stevens Creek Boulevard and previously was a music store, and the other vacant building is located at 10041 Blaney Avenue and was a convenience market (Q Mart). The proposed day care facility would accommodate an enrollment of up to 126 children consisting of 96 preschool children and 30 afterschool children. The day care facility is expected to have up to 12 employees on site at any given time. The weekday preschool session would start at 8:30 AM and end at 6:00 PM, with a pick-up time between 4:30 PM and 6:00 PM. The weekday afterschool session would start at 12:30 PM and end at 6:30 PM, with a pick-up time between 5:30 PM and 6:30PM. The day care facility would not operate on weekends. The purpose of this trip generation study is to document the projected number of net new AM and PM peak hour vehicle trips generated by the proposed day care facility. The City of Cupertino typically does not require preparation of a comprehensive transportation impact analysis, including an evaluation of intersection level of service, for projects deemed “small”. For small projects, a trip generation analysis usually is sufficient. Based on a preliminary evaluation of the proposed project and the previous uses to be replaced, City of Cupertino staff have indicated that a trip generation study will suffice. Project Trip Generation Hexagon prepared trip estimates based on trip generation rates obtained from the ITE Trip Generation Manual, 10th Edition (2017). The average AM and PM peak hour trip generation rates for Day Care Center (Land Use Category 565) were applied to the proposed project. The ITE defines a day care center as a facility where care for preschool age children is provided during the daytime hours. Day care facilities generally include classrooms, offices, eating areas and playgrounds. This definition is consistent with the proposed project. Based on the ITE rates for Day Care Center, the proposed project would be expected to generate 516 gross daily vehicle trips, with 75 gross trips occurring during the weekday AM peak hour of traffic (one-hour period between 7:00 AM and 9:00 AM) and 100 gross trips occurring during the weekday PM peak hour of traffic (one-hour period between 4:00 PM and 6:00 PM). Since the two buildings on the site are vacant, ITE rates were also used to estimate the trips generated by the previous uses. Based on the ITE rates for Convenience Market (Land Use Category 851) and Shopping Center (Land Use Category 820), the previous uses are estimated to have generated 1,985 gross daily vehicle trips, with 155 gross trips occurring during the weekday AM peak hour and 133 gross trips occurring during the weekday PM peak hour. Trip Generation Study for the Stevens Creek Day Care Center in Cupertino December 10, 2019 P a g e | 2 Note that ITE rates for Shopping Center are commonly applied to retail uses when trip generation data are not available, such as the previous music store use. Shopping centers typically contain a wide range of retail land uses, including music stores. After applying the estimated trip credits associated with the previous uses on the site, the project would be expected to generate 1,469 fewer daily vehicle trips than the previous uses, with 80 fewer trips occurring during the AM peak hour and 33 fewer trips occurring during the PM peak hour (see Table 1). Table 1 Project Trip Generation Estimates AM Peak Hour PM Peak Hour Daily Daily Land Use Rate Trips Rate In Out Total Rate In Out Total Proposed Use Day Care (Preschool) 1 96 Children 4.09 393 0.78 40 35 75 0.79 36 40 76 Day Care (After School) 1 30 Children 4.09 123 0.78 -- -- -- 0.79 11 13 24 Project Subtotal: 516 40 35 75 47 53 100 Existing Uses Market (10041 Blaney) 2 2,408 SF 762.28 1,836 62.54 76 75 151 49.11 60 58 118 Music Store (20015 Stevens Creek) 3 3,950 SF 37.75 149 0.94 2 2 4 3.81 7 8 15 Existing Subtotal: 1,985 78 77 155 67 66 133 Net Project Trips: (1,469) (38) (42) (80) (20) (13) (33) 3 Shopping Center (Land Use 820) average rates from ITE Trip Generation, 10th Edition (2017) were used for the existing building (previous music store). Size Notes: 1 Day Care Center (Land Use 565) average rates from ITE Trip Generation, 10th Edition (2017) were used for the proposed use. Based on the operational plan for the day care center, none of the children in the after school group will be dropped off during the AM peak hour. 2 Convenience Market (Land Use 851) average rates from ITE Trip Generation, 10th Edition (2017) were used for the existing building (previous Q Mart). TEAMBUILDING DATAPROJECT DESCRIPTIONVICINITY PLAN19-011DATEREVDESCRIPTION20015 STEVENS CREEK BLVD.+ 10041 N. BLANEY AVENUE,CUPERTINO, CAArchitecture PlanningConsultingVidyarambhPreschool-Afterschool20015 STEVENS CREEK BLDVD. + 10041 N. BLANEY AVE.D, CUPERTINO, CA 94539PRE-SCHOOL /AFTER-SCHOOL T.I.DRAWING INDEXVIDYARAMBHDEFERRED PERMIT ITEMS (UNDER SEPARATE PERMIT)ACCESSIBILITY grindervitamixfood proc.batterref.fr.ref.D/WMICR. ABOVERANGE/HOODMOPSTORAGEHCHCBABDB1B2AAABA1A2B.5BBBCG.G.G.G02G01G07G06G05HOSEBIBHOSEBIBHOSEBIBHOSEBIBHOSEBIBG01G02G03G04G05G03G04W/D19-011DATEREVDESCRIPTION20015 STEVENS CREEK BLVD.+10041 N. BLANEY AVENUECUPERTINO, CAArchitecture PlanningConsultingVidyarambhPreschool-AfterschoolGENERAL NOTES:TREE PLANTINGLANDSCAPE PLANSCALE: 1" = 16'-0"1LEGENDT1T1T2T3T4T5T6T7T8T9T10T11T12T13T15T14BUILDING 'A'BUILDING'B' FRONT ELEVATION (BLANEY)SCALE: 1/8" = 1'-0"119-011DATEREVDESCRIPTION20015 STEVENS CREEK BLVD.+ 10041 N. BLANEY AVENUE,CUPERTINO, CAArchitecture PlanningConsultingVidyarambhPreschool-AfterschoolREAR ELEVATIONSCALE: 1/8" = 1'-0"2SIDE ELEVATION (CLASSROOMS 3.4.5)SCALE: 1/8" = 1'-0"3SIDE ELEVATIONSCALE: 1/8" = 1'-0"4SIDE ELEVATIONSCALE: 1/8" = 1'-0"5 grinder vitamix food proc.batter ref.fr.ref. D/W MICR. ABOVE RANGE/ HOOD MOP STORAGE HC HC BA BD B1 B2 AA AB A1 A2 B.5 BB BC G. G.G. G02 G01 G07 G06 G05 HOSE BIB HOSE BIB HOSE BIB HOSE BIB HOSE BIB G03 G04 W/D water softener below G08 A15 HC HC BA BD B1 B2 AA AB A1 A2 B.5 BB BC G. G.G. 19-011 DATEREV DESCRIPTION BUILDING 'A' 20015 STEVENS CREEK BLVD. Architecture Planning Consulting Vidyarambh Preschool- Afterschool DEMOLITION SITE PLAN SCALE: 1" = 16'-0" 1 CONSTRUCTION SITE PLAN SCALE: 1" = 16'-0" 2 BUILDING 'A' = 3,950 SF (INT. AREA= 3,833 SF ) OUTDOOR PLAY AREA = 5,514 SF PARKING CALCULATIONS TOTAL CLASSROOM AREA = 4,190 SF 4,190 SF / 35 = 120 STUDENTS 120 STUDENTS / 6.5 = 19 PARKING SPACES REQUIRED. 19 SPACES ARE PROVIDED (SEE COVER SHEET) EXISTING BUILDING (N.I.C.) 20015 ST. CRK. BUILDING 'B' N.I.C. 20015 ST. CRK. 10041 BLANEY KEYED NOTES GENERAL NOTES: LEGEND PLAY AREA NOTES: OUTDOOR PLAY AREA = 585 SF PARKING SPACE LEGEND 10041 N. 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Item # 437509 Model # 182938 Heartland (Common: 12-ft x 8-ft; Interior Dimensions: 11.71-ft x 8 Feet) Stratford Saltbox Engineered Wood Storage Shed 97 Ratings 3.5 Average 69% Recommend this product  Community Q&A View Now Shingles, paint and floor sold separately  FREE Store Pickup F 2 available today at E. San Jose Lowe's! d Delivery F Delivery available $1,022.00 Aisle GC01 , Bay 21 FREE PARCEL SHIPPING WITH MYLOWE'S. GET STARTED > Open until 9PM! E. San Jose Lowe's   Pre-cut kit - nothing to saw 64 in. extra-wide doors for easy access with lawn tractors Bonus features include window with shutters, shelving, workbench and peg board Feedback 2/12/2019 Heartland (Common: 12-ft x 8-ft; Interior Dimensions: 11.71-ft x 8 Feet) Stratford Saltbox Engineered Wood Storage Shed at Lowes.com https://www.lowes.com/pd/heartland-common-12-ft-x-8-ft-interior-dimensions-11-71-ft-x-8-feet-stratford-saltbox-engineered-wood-storage-shed/4507…2/13 Pre-cut kit - nothing to saw 64 in. extra-wide doors for easy access with lawn tractors Bonus features include window with shutters, shelving, workbench and peg board Strong wood construction stands up to demanding wind and snow loads Treated, engineered wood siding is factory-primed and ready to paint Will not warp like plastic sheds and will not rust like metal sheds 10-year limited material warranty Full on-site installation available; call 1-888-645-6937 or see Lowe's associate Siding Type Engineered wood Series Stratford Style Saltbox Actual Exterior Width (Feet)12.06 Actual Exterior Length (Feet)8.38 Actual Exterior Peak Height (Feet)8.05 Door Opening Width (Inches)64 Door Opening Height (Inches)71.25 Floor Included  Floor Storage Capacity (Sq. Feet)96 Storage Capacity (Cu. Feet)664 Installation Included No (not included) Paintable  Primed  Construction 24-in on center Warranty 10-year limited Actual Interior Width (Feet)11.71 Actual Interior Length (Feet)8 Actual Interior Peak Height (Feet)8 Foundation Width (Feet)11.71 Foundation Length (Feet)8 Package Width (Inches)48.5 Package Length (Inches)96.5 Package Height (Inches)13.75 Package Weight (lbs.)948 Storage Capacity Range (Sq. Ft.)37 to 100 Common Exterior Length (Feet)8 Common Exterior Width (Feet)12 Number of Windows 1 Nominal Size Range Over 10 ft x 10 ft (large) Number of Shelves 2 CA Residents: Prop 65 Warning(s)Yes Product Information CA Residents: Prop 65 WARNING(S) From the Manufacturer DescriptionK SpecificationsM Feedback From:City of Cupertino Planning Dept. To:Gian Martire Subject:FW: Application U-2019-006 nd ASA 2019-010 Date:Saturday, April 4, 2020 5:30:19 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png From the general mailbox: Beth Ebben Deputy Board Clerk Planning Division BethE@cupertino.org (408) 777-3297 From: Patricia McAfee <pamcafee1942@yahoo.com> Sent: Saturday, April 4, 2020 2:39 PM To: City of Cupertino Planning Dept. <planning@cupertino.org> Subject: Application U-2019-006 nd ASA 2019-010 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We live at 10140 North Blaney within sight of the old Q-Mart and now closed music store. We are happy to see something happen to these vacant properties. My husband and I have met with the owners, talked at length with them and think this is a good fit for the area. It is close enough to Collins school that kids could walk to the site, and drop off and pick up hours would be flexible so that traffic impacts would be minimal. Patricia McAfee From:Julie Mercik To:Gian Martire; "Vidyarambh Cupertino" Cc:"Lisa Crawford"; "Linda Morasch"; "Myra Eitel"; "Chris Hygelund" Subject:Planning Commis Date:Monday, March 30, 2020 2:00:15 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Gain Matire, Cupertino Senior Planner Mr. Vamadevan Namboodiri, Vidyarambh Cupertino, LLC, preschool and heritage school Members of the Cupertino Planning Commission As we prepare for our zoom meeting, I would like to share the concerns of the Arbor Professional Center ownership with you, regarding the proposed preschool and proposed after school program applying for a conditional use permit at 20015 Stevens Creek Blvd., and 10021 Blaney Avenue in Cupertino, CA, on behalf of the property owners of Arbor Professional Center, located west of your proposed site at 20045 & 20065 Stevens Creek Blvd., Cupertino, CA. Gian, please share this letter with the planning commission members and planning staff. Right next door to the proposed preschool & after school use within the Arbor Professional Center office project, are some of the brightest minds in the world focusing on high level engineering product development for Apple, Google, Samsung, and many others. The customers of Arbor Professional Center, have leased space here to enjoy a quiet, ‘think-tank’ like environment to allow for their concentration on their complicated work. within our multi-tenant office property which consists of 23 commercial tenants who are working in technology, engineering, medical science, and financial services. These tenant businesses have leased space in these buildings specifically to have a quiet, professional location where they can work in peace and solitude to develop products and meet in a professional setting with business leaders and employees, without the disruption of children’s playground where yelling, singing, crying, and the like are typical children’s noise. The Arbor ownership would like to see a neighboring business on this idle site that is complementary to professional office business use. The Arbor property including the multi-tenant office building at 20045 Stevens Creek Blvd, is immediately west of the proposed preschool play yard and drive through drop off and parking lot. The Arbor property ownership is concerned about the ongoing traffic congestion and traffic noise throughout each day from the play yard, as well as the traffic hazard and pollution of 120 or more cars daily dropping off AND again picking up children for preschool PLUS many additional cars coming daily to drop off and pickup children for the after school program. The actual trip count looks to be greater than 250 trips per day. All drop off and pick up needs to be done on Blaney Avenue! Additionally, Cupertino citizens and property owners expect any new local business to conform to the “Heart of the City” plan outlined by the city of Cupertino, which states that commercial office business belongs in this location, not a child-centric preschool daycare AND an afterschool program operation. We are opposed to this school/daycare use of the property which does not conform to the “Heart of the City” plan designed to maintain commercial professional business uses. Additionally, we oppose this project because: 1. Traffic concerns: Child pick up & drop off should be ONLY on Blaney, not right next to 20045 Stevens Creek Blvd; Do not create a drop off line on the property easement. 2. Traffic Congestion: This conditional use change will result in a huge increase in the number visitors as opposed to current zoning and use, and the traffic must be mitigated within the easement connecting the properties. From the rear parking lot, add a ‘No Right Turn’ sign to prevent 120+ drivers from turning into Arbor due to blind corner between the properties, and overuse of easement through the Arbor property. Insist that preschool traffic exit either to the left out to Blaney, or jog straight through the one way driveway along the side of restaurant building out to Stevens Creek Blvd. ‘Left Turn Only’ from preschool rear parking lot should be enforced taking school traffic back through the preschool property toward Blaney when leaving the rear parking lot. 3. Garbage pickup should be off Blaney to minimize truck traffic through easement. This change in use is a huge increase in the number visitors as opposed to current zoning and use. 4. Noise concerns: 5 classrooms with 24 children each will produce all day long playground noise which is a disruption to business at Arbor. Playground noise is NOT compatible with immediately adjacent office space where technical workers demand and pay for the quiet enjoyment of their office space. Mitigate this disruption to technology workers next door by relocating the play yard to Blaney. 5. View: Crepe myrtle trees on the west side of the project are inadequate to screen the view of the project from our second floor tenants. Need more trees that create a taller visual and sound screen with less mess. 6. Limit of visitors and students: Project should be less than 120 students PER DAY; eliminate the afterschool component of the project to maintain lower density of people driving in and out of project thereby reducing traffic, car noise, and people noise. What is the total per day pick up and drop off count? 7. Plans and elevations: The exterior elevations are not detailed enough and currently appear to be too plain and not in keeping with other architecture in the area. 8. Security: Arbor Professional Center has a fire escape on east side of 20045 Stevens Creek, building D which will need to be secured from potential loitering use by school employees who are using the parking lot. We welcome the opportunity to have a video meeting to review revisions to your project. Thank you, Julie Mercik, Sr. Vice President DRE#00851651 408.234.1599 cell 408.971.2700 main Ritchie Commercial Real Estate 34 W. Santa Clara Street San Jose, CA 95113 www.ritchiecommercial.com