ASA-2014-05b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE: (408)777-3223• FAX: (408)777-3366
July 17, 2014
Re: Subject: Appeal of a Planning Commission approval of a proposed day care
center, Little Tree Montessori, at 20111 Stevens Creek Boulevard
Descri�tion: Application No(s).: U-2014-01, ASA-2014-05; Applicant(s): Janice
Yeh (Little Tree Montessori); Appellant(s): Julie Mercik (Arbor Professional
Center II), Carl Tucci; Location: 20111 Stevens Creek Blvd #130 & #150; Appeal of
the Planning Commission's approval of a Use Permit to allow the; conversion of
approximately 7,500 square feet of office space at an existing; two-story office
building into day care use and an Architectural and Site approval to allow a play
area, landscape enhancements and associated site improvements for the new day
care use
At its July 15, 2014 regular meeting, the Cupertino City Council took the following
action:
Accepted the appellants' appeal withdrawals and upheld the Planning
Commission's June 9, 2014 approval of a Use Permit (U-2014-01) and
Architectural and Site Approval (ASA-2014-05)
Any interested person, including the applicant, prior to seeking judicial review of any
adjudicatory decision of the City Council, must first file a petition for reconsideration with the
city clerk within ten days after the date of mailing of this notice. Any petition filed must comply
with Municipal Code§2.08.096.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
U-2014-01, ASA-2014-05
July 15, 2014
Page 2
cc: City Attorney
Community Development
Carl Tucci
136 Memory Lane
Campbell, CA 95008
Arbor Professional Center II
C/o Ritchie Asset Mgmt. Co.
Attn:Julie Mercik
34 W. Santa Clara St.
San Jose, CA 95113
Little Tree Montessori
Attn: Janice Yeh
20100 SCB #190
Cupertino, CA 95014
Long River Investments
C/o Janice Yeh
12000 Saratoga-Sunnyvale Rd
Saratoga, CA 95070
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408) 777-3308
C U P E RT 1 N O FAX (408) 777-3333
Communify Development Department
June 10, 2014
Little Tree Montessori �
Attn:Janice Yeh
20100 Stevens Creek Blvd #190
Cupertino, Ca. 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER—U-2014-01, ASA-2014-05
This letter confirms the decision of the Planning Commission, given at the meeting of June 9, 2014,
approving a Use Permit to convert approximately 7,500 square feet of office space at an existing two-
story office building into day care use and an Architectural and Site Permit to allow an outdoor play
area, landscape enhancements and associated site improvements for a new day care use, located at
20111 Stevens Creek Boulevard #130 & #150, according to Planning Commission Resolution No.(s) 6749
and 6750.
Please be aware that if this Permit is not used within a two-year period, it shall expire on June 9, 2016.
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.
Sincer ly
Gian Martire
Assistant Planner
City of Cupertino
Enclosures: Resolution 6749 and 6750
Cc:Long River Investments,LLC,c/o Janice Yeh,12000 Saratoga-Sunnyvale Rd,Saratoga CA 95070
g/planning/post hearing/actionletterU-2014-01,ASA-2014-OS
ASA-2014-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6750
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW AN OUTDOOR
PLAY AREA, LANDSCAPE ENHANCEMENTS, AND ASSOCIATED SITE
IMPROVEMENTS FOR A NEW DAY CARE USE AT AN EXISTING OFFICE BUILDING
LOCATED AT 20111 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-05
Applicant: Janice Yeh(Little Tree Bilingual Montessori)
Property Owner: Trans-Continental Real Estate Investment Corporation
Location: 20111 Stevens Creek Boulevard (APN 316-23-026)
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 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, 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) 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 significant alter the exterior
Resolution No. 6750 ASA-2014-05 June 9,2014
Page-2-
of the existing two-story office building. Only the necessary site and building
modifications/improvements associated with the daycare operation are proposed.
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 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.
NOW, THEREFORE, BE IT RESOLVED:
T'hat after careful consideration of the initial study, maps, facts, e�chibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2014-05 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. ASA-2014-05 as set forth in
the Minutes of Planning Commission Meeting of June 9, 2014, 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 "Little Tree Bilingual Montessori" prepared by the
applicant consisting of seven pages and "Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA 95014" prepared by Adaptive
_ Architecture dated May 30, 2014 consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, 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 LOT RESTORATION
In the event, Little Tree Bilingual Montessori business terminates, the applicant and/or property
owner shall be required to removal all outdoor apperatuses associated with the daycare operation,
including but not limited to, play structures, fencing, canopies, and/or other pertinent
improvements. The applicant shall be responsible to restore the parking lot to comply with the
City's Parking Ordinance.
3. UTTLITY STRUCTURES
All new utility structures will be required to be located underground or screened from public view.
4. BICYCLE PARKING
The applicant shall provide a Class I bicycle parking facility for the proposed project in accordance
with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code.
Resolution No.6750 ASA-2014-05 June 9,2014
Page-3-
5. LANDSCAPE SCREENING
The landscape screening solution along Stevens Creek Boulevard shall be reviewed and approved
by the Director of Community Development. Consideration shall be given to the appropriate
planting specie, number, height and location in order to ensure that the landscaping features are
consistent and compatible with the business and office environment along Stevens Creek Boulevard
frontage.
6. 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."
7. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
the project's main driveway with a standard driveway approach. This work will require removal of
landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken
Resolution No.6750 ASA-2014-05 June 9,2014
Page-4-
and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified
by the City Engineer.
2. DRAINAGE
Demonstrate the proposed playground area will not block existing and future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3. ENCROACHMENT PERMIT
The project developer shall obtain an encroachment permit 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, fees for under grounding of utilities, and provide necessary bond for the proposed
street improvements.
-The fees 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.
4. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5. 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.
6. REFUSE TRUCK ACCESS
Developer shall must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
7. 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.
8. EROSION CONTROL PLAN
Developer shall 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.
Resolution No.6750 ASA-2014-05 June 9,2014
Page-5-
9. 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.
10. OPERATIONS&MAINTENANCE AGREEMENT
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.
11. FIRE PROTECT'ION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA CO UNTY 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).
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13. DEDICATTON 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.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 9th day of June, 2014, 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:
/s/Gary Chao /s/Paul Bro�h�
Gary Chao Paul Brophy, Chair
Assistant Director of Community Development Cupertino Planning Commission