Reso 6899CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6899
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: PROTECT 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
Resolution No, 6899 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
modificationslimprovements 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
Resolution No, 6899 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 resolution 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 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. 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
Resolution No, 6899 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. ROOFING MATERIALS
The applicant will work with Staff to co-ordinate a roofing material and/or color of
the building located at 10041 N. Blaney is similar to the roofing on 20015 Stevens
Creek Boulevard as part of the project if roofing is replaced and/or repaired. The
Director of Community Development shall approve prior to the issuance of a
building permit.
5. DROP-OFF AND PICK-UP TRAFFIC FLOW
The applicant will work with Staff to ensure the driveway at 10041N Blaney Avenue
property does not conflict with any parking stalls and whether the driveways need
to be made one way ingress/egress to ensure proper traffic flow at the discretion of
the City's Traffic Engineer.
6. 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.
7. 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.
Resolution No, 6899 ASA-2019-010 April 14, 2020
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."
8. 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
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 factors as
recommended by a landscaping professional.
9. 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
Resolution No, 6899 ASA-2019-010 April 14, 2020
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.
10. 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 14�11 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: Chair Moore, Vice Chair Wang, Fung, Takahashi,
Saxena
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Piu Ghosh Kitty Moore
Planning Manager Chair, Planning Commission
R Wang Acting Chair for Kitty Moore