ASA-2011-05b City of Cupertino
, , , 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E�T 1 N� FAX (408) 777-3333
Community Development Department
Apri129, 2011
Karl Shultz
Shultz & Associates
39350 Civic Center Dr. #308
Fremont, Ca. 94538
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2011-04, ASA-2011-05, EXC-2011-05
This letter confirms the decision of the Planning Commission, given at the meeting of April 26, 2011,
approving a Use Permit to allow a child care facility with a pre-school and an after-school learning
program to operate at an existing 8,999 square foot commercial office building and an Architectural and
Site approval to allow minor fa�ade, landscaping and parking lot modifications for the new day care
facility and a Heart of the City Specific Plan Exception to allow non-commercial uses (a child care
facility) to exceed 25 % of the total building frontage along Stevens Creek Boulevard, located at 18900
Stevens Creek Boulevard, according to Planning Commission Resolution No. (s) 6629, 6630 and 6631.
Please be aware that if this Permit is not used within a two-year period, it shall expire on Apri126, 2013.
Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
� ` �•
Piu Ghosh
Senior Planner
Planning Department
Enclosures: Resolution 6629, 6630 and 6631
CC: Lili Zhu & Louis Tseng 19220 Stevens Creek Blvd, Cupertino CA 95014
Nicholas Speno, 1142 S Winchester Dr, San Jose CA 94128
g/planning/post hearing/actionletterU-2011-04,ASA-2011-05,EXC-2011-05
ASA-2011-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6630
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR MINOR FA�ADE,
LANDSCAPING AND PARKING LOT MODIFICATIONS AT AN EXISTING COMMERCIAL OFFICE
BUILDING LOCATED AT 18900 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-05
Applicant: Karl Schultz/ Lili Zhu/ Louis Tseng (Sunflower Learning Center)
Property Owner: Nicholas Speno
Location: 18900 Stevens Creek Boulevard (APN: 37511 073)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
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 Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration,
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Cominission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds 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;
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) Only minor changes have been proposed to the existing building that do not affect the overall
architectural quality of the building.
b) Design harmony between new and existing buildings have been preserved and the materials,
and with the future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of walls, fencing, hedges and screen planting
harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
Resolution No.6630 , ASA-2011-05 Apri126, 2011
Page - 2 -
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
1. A Mitigated Negative Declaration (file no. EA-11-04) is hereby adopted; and
2. The application for an Architectural and Site Approval, Application no. ASA-2011-05 is hereby
approved, 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.(s) EA-2011-04 and ASA-2011-05
as set forth in the Minutes of Planning Commission Meeting of April 26, 2011, 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 "Business Plari' prepared by the applicant consisting of two
pages and "Sunflower Learning Center, New Pre-school & After-school Program Facility, 18900
Stevens Creek Boulevard, Cupertino, CA" prepared by Shultz and Associates dated 4-15-2011
consisting of pages A0.1, A1.0, A1.1, PL, A1.2, A2.0, A2.1, A4.1 and 1 of 1, 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.
� 2. PARKING ADTACENT TO THE TRASH ENCLOSURE
The applicant shall provide no parking signs between the hours of 9:00 a.m. and 12:00 p.m. on
Wednesday. The design and location of said signs shall be reviewed and approved by the Planning
and Public Works Departments prior to issuance of building permits.
3. ENHANCED PATHWAY
The applicant shall provide enhanced pathways, the final design and location of which shall be
reviewed and approved by the Planning Department prior to issuance of building permits, from the
parking areas on the site for safe pick up and drop-off of children.
4. DRIVEWAY ENTRANCE
The applicant shall design and install a new driveway entrance, the design of which shall be
reviewed and approved by the Planning and Public Works Departments prior to issuance of
building permits.
5. ASH TREE TO THE SOUTH OF THE DRIVEWAY
The Ash tree located immediately south of the driveway shall be preserved and/or relocated. In the
event, it is determined that this is not possible, the applicant shall secure a tree removal permit and
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page-3-
provide replacement trees as required by Chapter 14.18, Protected Tree Ordinance, of the Cupertino
Municipal Code.
6. SOUND WALL
A masonry wall, the final design of which shall be reviewed and approved by the Planning
Department prior to issuance of building permits, shall be provided on the project's common
boundary with residentially zoned or used property up to the front setback line. The wall shall be at
least eight feet in height as measured from the highest adjoining grade.
7. RECYCLING OF DEMOLISHED BUILDING MATERIALS
A condition will be added to require recycling of demolished building materials to the maximum
extent possible.
8. UTILITY STRUCTURES
All new utility structures will be required to be located underground or screened from public view.
9. FENCE
The final design of the perimeter fencing around the play areas shall be reviewed and approved by
the Planning Department prior to issuance of building permits.
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code.
11. 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."
12. 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, with the landscape installation report, or any time before the
landscape installation report is submitted.
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.
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.
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page - 4 -
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2. 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.
3. 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.
4. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of
the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact
Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
5. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is not
limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated
swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve
water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried
pipes, retention systems or other approved systems and improvements) as necessary to avoid an
increase of one percent flood water surface elevation of the culvert to the satisfaction of the City
Engineer.
6. UNDERGROUND UTILITIES
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.
7. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
8. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for pay,ment 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 shall be executed
prior to issuance of construction permits
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page - 5 -
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,217.00 or 5°/o)
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $ Per current fee schedule (N/ A)
g. Park Fees: $ Per current fee schedule (N/ A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond:100% of Off-site and On-site Improvements
Labor & Material Bond:100% of Off-site and On-site Improvement
On-site Grading Bond:100 % of site improvements.
-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.
9. 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. The transformer shall not be located in the front or side building
setback area.
10. 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.
11. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer
must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm
Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to
control storm water runoff quality, and BMP inspection and maintenance.
12. C.3 RE UIREMENTS
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). The developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact development measures,
for storm water treatment, on the tentative map, unless an alternative storm water treatment plan,
that satisfies C.3 requirements, is approved by the City Engineer.
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.
Resolution No.6630 ASA-2011-05 Apri126, 2011
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All storm water management plans are required to obtain certification from a City approved third
party reviewer.
13. EROSION CONTROL PLAN
The 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. OPERATIONS & MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
16. 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 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.
17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit.
19. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
20. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No.125.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
22. 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.
23. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
24. SANTA CLARA WATER DISTRICT CLEARANCE
Resolution No.6630 ASA-2011-05 April 26, 2011
Page-7-
Provide Santa Clara water district approval before issuance of a building permit. The developer shall
pay for and obtain Water District permit for activities or modifications within the District easement
or fee right of way or affecting District facilities.
25. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before issuance of a building permit.
26. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
27. UTILIT'Y EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
28. LEFT TURN RESTRICTIONS AT STEVENS CREEK BOULEVARD AND STERN AVENUE
The Developer is required to install signage at the Stevens Creek Blvd & Stern Avenue intersection
prohibiting left turns from Stern Avenue onto Stevens Creek Boulevard between the hours of 4 p.m.
and 7 p.m. The layout and installation shall be done to the satisfaction of the City Engineer.
PASSED AND ADOPTED this 26th day of April, 2011� Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Miller, Brophy, Bronwley
NOES: COMMISSIONERS: Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Cupertino Planning Commission
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