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M-2009-05bCUPERTINO June 24, 2009 Ms. Anjali Arora 10735 Orline Court Cupertino, CA 95014 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUBJECT: PLANNING COMMISSION ACTION LETTER - M-2009-05 This letter confirms the decision of the Planning Commission, given at the meeting of June 23, 2009, approving the Modification to the Use Permit (6-U-86) to allow an afterschool program for children at the existing Bethel Lutheran Church, located at 940 South Stelling Road, according to Planning Commission Resolution No. 6559. Please be aware that if this permit is not used within atwo-year period, it shall expire on June 24, 2011. 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, 1r~q ............._.....~ ./ r'!J ~.. .__ J ,.~ r~: _....._........_ Piu Ghosh Planning Department Enclosures Resolution 6559 CC :Bethel Lutheran Church, 9410 South Stelling Road, Cupertino, CA 95014 Sierra Pacific Synod Evangelic, 401 Roland Way #215, Oakland, CA 94621 M-2009-OS CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0.6559 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT (6-U-86) TO ALLOW AN AFTERSCHOOL PROGRAM FOR CHILDREN AT THE EXISTING BETHEL LUTHERAN CHURCH LOCATED AT 940 SOUTH STEELING ROAD SECTION I: PROTECT DESCRIPTION Application No.: M-2009-05 Applicant: Anjali Arora Location: 940 S. Stelling Road SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for the Modification of a Use Permit, as described in Section II of this Resolution; and 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 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; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Modification of the Use Permit are hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. M-2009-05, as set forth in the Minutes of the Planning Commission Meeting of June 23, 2009, and are incorporated by reference though fully set forth herein. Resolution No. 6559 M-2009-05 Page-2- June 23, 2009 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The approval is based on Exhibits submitted, titled "Lutheran Church, Cupertino, CA" consisting of 2 pages numbered, "Sheet 1"; "Sheet 2"; "Program Description," "Parking Analysis" and "Facility Use Schedule," each consisting of 1 page, except as may be amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to operate a 2,135 square foot daycare facility, within the multi- purpose room of the church, with a maximum occupancy of 90 children and 7 employees at any given time. The use shall operate between 12:00 p.m. and 6:30 p.m. from Monday through Friday. 3. NOISE CONTROL Organized outdoor play yard/structure for the afterschool program is not approved with this modification. Organized outdoor play yard/structures may be allowed subsequent to an acoustical report conducted to determine noise levels and appropriate mitigation measures subject to the approval of the Community Development Director. The noise levels from the afterschool program activities within the multipurpose room 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. 4. SIGNAGE & SIGN PROGRAM Signage is not approved with this use permit application. The applicant shall be required to submit an application for a sign program and signage prior to installation of any signage on site. Signage shall conform to the City's Sign Ordinance. 5. LANDSCAPE PLAN The applicant and/ or the property owner shall submit a landscape plan to be reviewed and approved by the Director of Community Development indicating four new 24" box trees as shown in the Planning Commission staff report dated June 23, 2009. Said trees shall be planted by June 30, 2010. The applicant and/or the property owner shall also maintain the existing landscaping and shall extend irrigation to the new trees. In the event any of the trees die, the tree shall be replaced with a tree of a comparable size subject to the approval of the Director of Community Development. 6. FUTURE REVIEW OF USE PERMIT In the event of any documented substantial future parking or noise problems, or in the event the landscaping is not planted, the City reserves the right to review this use permit at any time for additional mitigation measures or revoke the use permit. ~ ~ cupertinosan ~ groups ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ M-2009-05 res.doc Resolution No. 6559 M-2009-05 June 23, 2009 Page-3- SECTION IV: CONDITIONS ADMINISTERED BY THE FIRE DEPT. 7. SPRINKLER SYSTEM Facility will require a combination manual and automatic fire alarm per the California Fire Code. 8. NOTIFICATION OF COMMUNITY CARE LICENSING If it is determined this is a day care occupancy Community Care Licensing shall be notified. 9. COMPLIANCE WITH FIRE CODE REQUIREMENTS Applicant shall obtain the necessary permits to comply with the Fire Department requirements. 10.000UPANT LOAD Occupant load to be determined based on square footage and exits. SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT. 11. BUILDING PERMIT The applicant shall obtain a Building Permit to conform with the Building Code requirement related to child care facilities. At the time of Building Permit Submittal, the applicant shall provide the following information: a. Building type of construction b. Fire protection information c. Square footage d. Building accessibility features. Detail restrooms, paths of travel, path of travel to public transportation, signage, etc. e. Clarify whether the kitchen is a commercial kitchen and whether a type 1 hood will be required. PASSED AND ADOPTED this 23rd day of June 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Kaneda Miller, Lee NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: / s / Aarti Shrivastava / s /Lisa Giefer Aarti Shrivastava Lisa Giefer, Chairperson Director of Community Development Planning Commission ~ ~ cupertinosan ~ groups ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ M-2009-05 res.doc -s. 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