ASA-2003-09b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
CITYDF
CUPEItTINO
OFFICE OF THE CITY CLERK
March 3,2004
Kindercare Learning Centers, Inc.
Attn. Lisa Brooke
650 NE HoHaday St., Ste. 1400
Portland, OR 97232
Re: Consider appeals of Application Nos. U-2003-13, ASA-2003-09, and EA-2003-18, Lisa
Brooke/Kindercare, to allow the operation of a daycare facility in an existing building
with a maximum occupancy of 148 children and 21 employees at 1515 S. De Anza
Boulevard, APN No. 366-10-127.
Dear Ms. Brooke:
At its March 1, regular meeting, the Cupertino City Council Denied the Jamestown appeal and
approved the addition of a new condition number 33. The Kindercare appeal was withdrawn.
The Use Permit conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Kindercare Learning Centers # 1806 and dated
January 8, 2004.
2. DEVELOPMENT APPROVAL
Approval is granted to operate a daycare facility with a maximum occupancy of 148 children
and 21 employees. The use shaH operate between 7 AM to 9PM from Monday through
Friday, except for emollment periods, which may operate during weekends. Said use shall be
reviewed within the first year of operation in the event of noise related complaints. The
Planning Commission may require a noise study and mitigations including building an
acoustic wall at the west property line and/or limiting the number of children allowed in the
outside play yard.
3. BUILDING CODE COMPLIANCE
Printed on Recycled Paper
U-2003-13
Page 2
March 1, 2004
In accordance with the applicant's letter of December 30, 2003, a structural analysis will be
performed at the time of construction document preparation and aU construction drawings for
the project will be prepared in accordance with 2001 California Building Code and applicable
amendments adopted by the City of Cupertino. Based on the structural deficiencies found in
the structural analysis, the structure will need to be retrofitted to the structural requirements
of the 2001 California Building Code and applicable amendments adopted by the City of
Cupertino. The final design shall be reviewed and approved by the Director of Community
Development and the Building Official.
4. ARCHITECTURAL DESIGN
The entry feature shall be redesigned to reflect Alternative A recommended by the consultant
architect, Larry Carmon, on December 17, 2003.
5. FENCING
All proposed exterior fencing shall be tubular steel (color: black). The design shall be
reviewed and approved by the Director of Community Development prior to issuance of
building permits.
6. S. DE ANZA BOULEV ARDFRONT AGE
a. The sidewalk shall be redesigned to be compatible with the S. Saratoga Smmyvale
Conceptual Plan. The sidewalk shall not be moved out to the curb at the ends. The final
design of the sidewalk shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
b. At least five new 36" box trees shall be provided along S. De Anza Boulevard to create a
double row of trees. The final location of the trees shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
7. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress
easements between adjacent properties to the south, north and west, to be implemented at
such time that the City can require the same of adjacent property owners, subject to approval
of the City Attorney. The easement shall be recorded prior to issuance of building
occupancy.
8. CURB CUT CONSOLIDATION
The applicant shall record a deed restriction for consolidation of the curbcut between the
adjacent properties to the north, to be implemented at such time that the City can require the
same of the adjacent property owner, subject to approval of the City Attorney. The easement
shall be recorded prior to issuance of building occupancy.
9. BICYCLE PARKING
Bicycle spaces at the rate of 5% of the total automobile parking spaces shall be provided
located adjacent to the front parking lot. The final location shall be reviewed and approved
by the Director of Community Development prior to issuance of a building permit.
U-2003-13
Page 3
March 1, 2004
1 O.P ARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the parking
system used by employees, residents and visitors and shall be subject to staff approval prior
to final occupancy. At least 16 spaces (including all spaces adjacent to the building) shal1 be
reserved for drop-off and pick-up.
11. FUTURE PARKING PROBLEMS
In the event of future parking problems, the Planning Commission reserves the right to recall
this use permit at any time and the applicant hereby agrees to implement any or all of the
following measures or other measures as deemed necessary to mitigate said problem:
a. Organize an employee car pooling/van pooling program;
b. Limit future capacity based on parking demand during impacted periods;
c. Implement a system to increase efficiency of drop-off and pick-up, especially during peak
hours.
12. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits.
13. LANDSCAPING
a. Arhorist's recommendations ~ The recommendations in the report by Barrie D. Coate
and Associates dated December 15,2003 shall be followed, except that the four flowering
cherry trees in the front ofthe building shall be retained.
h. Tree Protection Bond ~ A bond in the amount of $5000 shall be provided to ensure that
existing trees, including the redwood trees along the western property line, are not
impacted by construction.
c. Protection plan - As part of the building permit drawings, a tree protection plan shall
be prepared by a landscape architect or certified arborist for the existing trees to be
retained. The tree protection shall be inspected and approved by the arborist prior to
beginning construction.
d. Planting along fencing - The fencing on the north and south sides of the play area shall
be planted with shrubs and vines.
14. TRANSFORMER
The transformer in the front landscaping along De Anza Boulevard shall be undergrounded.
A bond in the amount required for the undergrounding (to be determined by the Director of
Community Development and the Director of Public Works) shall be provided in case the
work is not completed prior to occupancy.
15. UTILITY BOXES AND EQUIPMENT
Any equipment that is not located underground shall be screened by fencing and landscaping.
Other equipment adjacent to the building or on the roof shall be screened. Locations for said
equipment and proposed screening shall be approved by Planning staff prior to issuance of
U-2003-I3
Page 4
March 1,2004
building permits.
] 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020( d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Govermnent Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
17. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
18. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with
grades and standards as specified by the City Engineer.
19. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting
fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code. Please contact Anny Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
22. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post-development
calculations must be provided to identify if storm drain facilities need to be constructed or
renovated.
23. UNDERGROUND UTILITIES
U-2003-13
Page 5
March 1, 2004
The 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. The
developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
24. IMPROVEMENT AGREEMENT
The project developer shan 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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees $ 6% of On-Site and Off-Site
Improvement Costs (As determined by a Registered Civil Engineer)
b. Storm Drainage Fee: $ 2,077.22
c. Development Maintenance Deposit $ 1,000.00
d. Street Tree By Developer
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-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.
25. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas.
26. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
27. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soiL BMP shall be included in your
grading and street improvement plans.
28. MAINTENANCE AGREEMENT
The developer shall enter into a maintenance agreement with the City to maintain the
landscaping within the City's right of way along De Anza Boulevard.
U-2003-13
Page 6
March 1, 2004
29. SIDEWALK EASEMENT
The developer shall provide the City an easement for the portion of new concrete sidewalk,
which connects both segments of the City's sidewalk. A Registered Civil Engineer shall
complete a plat and description ofthe area to the Public Works Department.
30. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Department. Clearance by the Public Works Department is needed prior to obtaining a
building permit.
31. TRAFFIC
a. Install a RlO (One Way) sign in the median across from the north driveway's
current exit.
b. To reduce potential ingress/egress conflicts, reconfigure the northern portion
of the north driveway entry and change the northern driveway to ingress only.
c. Install painted arrows at driveways: ingress-straight, egress-right turn.
32. U-TURN MOVEMENTS
The Public Works Department shall review the necessity of limiting traffic movements from
the site to the U-turn pocket opposite the south driveway on S. De Anza Boulevard and may
require the applicant to install a raised physical barrier (curb or rumble bars) and appropriate
signage to prevent this movement. Said mitigations shall be paid for by the applicant and
may be required up to one year from the operation of the daycare.
33. POTENTIAL CUT-THROUGH TRAFFIC: The applicant shall notify all customers and
employees to respect the adjacent residential neighborhood by not driving through local
residential streets. If cut-through traffic becomes a problem on adjacent residential streets, the
Public Works Department shall evaluate the traffic and implement mitigation measures
consistent with the General Plan Transportation Policy No. 4-6 (Neighborhood Traffic
Management).
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may iltclude certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of
such fees, and a description of tlte dedications, reservations, and other exactions. You are
hereby further notified t/tat the 90-day approval period in which you may protest these fees,
dedications, and other exactiolts, pursuant to Government Code Section 66020(a), has begun.
U-2003-13
Page 7
March 1, 2004
If you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code 92.08.096.
Sin..cerelY:. ~..
f! [,h-
l~~,tt
Grace Johnson
Deputy City Clerk
cc: Community Development
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX 777-3333
Community Development Department
CITY OF
cUPE INO
January 14,2004
Ms. Lisa Brooke
Construction Manager
Kindercare Learning Centers, Inc.
650 N. E. Holladay Street #1400
Portland, OR 97232
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2003-13 & ASA-
2003-09
This letter confirms the decision of the Plamling Commission, given at the
meeting of January 12, 2004, approving a use permit (U-2003-13) to operate a
daycare facility in an existing building with a maximum occupancy of 148
children and 21 employees and an architectural and site approval (ASA-2003-09)
for building and site modifications for a proposed child care facility, located at
1515 S. De Anza Boulevard, according to Planning Commission Resolutions No.
6229 and 6230.
Please be aware that if these permits are not used within a two-year period, they
shall expire on January 14, 2006.
Also, please note that an appeal of this decision can be made within 14 calendar
days from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
Sincerely,
,...-::e-) /7
4, I. IX111)1~J;1(~
prZtlL" \S?;P/1<<I<.e. "
Aarti Shrivastava
Senior Planner
Cc : William Teglia, Jr., 325 S. Gordon Way, Los Altos, 94022
G: \ Planning \ Post Hearing \Aclion Letters \ actiollletter u200313! asa200309.doc
on
ASA-2003-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6230
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE REVIEW OF FOR CHANGES TO THE BUILDING
EXTERIOR AND SITE IMPROVEMENTS FOR THE KINDERCARE DA YCARE FACILITY
AT 1515 SOUTH DE ANZA BOULEVARD.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
U-2003-13, ASA-2003-09, EA-2003-18
Kindercare Learning Centers, Inc.
1515 S. De Anza Boulevard
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposat 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;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements that compliment the existing and
neighboring structures;
4. The proposal includes landscaping and a pedestrian-oriented streetscape that will
soften the appearance of the structure.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts; exhibits, testimony and other evidence
submittcd in this matter, the design review application is hercby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
Resolution No. 6230
Page 2
ASA-2003-09
January 12,2004
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2003-09
set forth in the Minu tes of the Planning Commission meeting of January 12, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
Approval is based on the plan set entitled "Kindercare Learning Centers #lS06 and dated
January S, 2004.
2. ARCHITECTURAL DESIGN
The entry feature shall be redesigned to reflect Alternative A recommended by the
consultant architect, Larry Cannon, on December 17, 2003.
3. FENCING
All proposed exterior fencing shall be tubular steel (color: black). The design shall be
reviewed and approved by the Director of Community Development prior to issuance of
building permits.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions or Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020( d) (1), these Conditions constitute written notice of a statement or the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
Resolution No. 6230
Page 3
ASA-2003-09
January 12, 2004
PASSED AND ADOPTED this 12th day of January 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Miller, Vice-Chair SaadatC Wong and Chairperson Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I sj Steve Piasecki
Steve Piasecki
Director of Community Development
Is! Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
J: \ Planning \ PDREPO RT\ RES\ ASA -2003-09 res .doc
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