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M-2019-02 Res_2.docx CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 107 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO AMENDING AN EXISTING USE PERMIT TO ALLOW A CHILDCARE FACILITY TO INCREASE THE HOURS OF OPERATION TO MONDAY THROUGH FRIDAY 7:00 A.M. TO 6:00 P.M. LOCATED AT 21685 GRANADA AVENUE SECTION I: PROJECT DESCRIPTION Application No.: M-2019-02 Applicant: Maria Tzankova (Omei Preschool) Location: 21685 Granada Avenue (APN: 357-17-139) SECTION II: FINDINGS WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application for an amendment to an existing Use Permit (U-2013-07) to allow a childcare facility to increase the hours of operation to Monday through Friday, 7:00 a.m. to 6:00 p.m.; WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the necessary public hearing notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer 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 Administrative Hearing Officer finds: 1. The proposed development and/or 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. The proposed childcare facility 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 noise output from the proposed use complies with the Noise Resolution No. 107 M-2019-02 May 23, 2019 Page 2 Ordinance and would result in a less than significant impact to adjacent properties. Traffic from the project would result in no net new PM peak hour trips. The traffic management strategy strives to reduce traffic impacts on surrounding properties by utilizing the on-site parking lot and assigning a drop-off and pick-up time slots for each family enrolled. The proposed use provides a convenience to the community 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The proposed project is consistent with, and will be conducted in a manner in accordance with, the General Plan, Zoning Ordinance, and the Monta Vista Specific Plan and is consistent with previous approvals. The proposed use will be reviewed further by the CA State Department of Community Care Licensing, the Santa Clara County Fire Department, and the Cupertino Building Division, and Public Works Department to ensure compliance with rules and regulations for preschools. Furthermore, the use is categorically exempt under CEQA in that the proposed project involves minor changes to an existing use. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions, which are enumerated in Sections III, IV, and V of this Resolution beginning on Page 2 thereof, the Administrative Hearing Officer finds that the application is exempt from CEQA and Application No. M-2019-02 is hereby approved; and that the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application U-2019-02 as set forth in the Minutes of the Administrative Hearing Meeting of May 23, 2019, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set entitled “Omei Preschool, 21685 Granada Ave., Cupertino, CA” consisting of three sheets labeled as A0.1, A.02, and A.03, and a Business Plan consisting of five sheets, prepared by Omei Preschool, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, Resolution No. 107 M-2019-02 May 23, 2019 Page 3 property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. DIR-2019-05 shall be applicable to this approval. 5. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval, in accordance with U-2013-07 shall remain in effect except as may be amended by conditions contained in this resolution. 6. ALLOWED USES Approval is granted for a preschool/childcare facility use to operate Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. with a maximum of 13 enrolled students on site at any given time. Preschool/childcare operations shall be limited to the first-floor, while the second-floor will be limited to storage and administrative office space for the preschool and shall not be accessed by students. Any changes in the operational parameters outside of this approval must be reviewed and approved by the City. 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 and City parking requirements. 7. FUTURE REVIEW OF USE PERMIT In the event of any documented substantial problems and/or violations, the City reserves the right to review this use permit at any time for imposing additional conditions of approval or revocation of the use permit. 8. EXPIRATION If the use for which this permit is granted and utilized has ceased or has been suspended for one year or more, this use permit amendment (M-2019-02) and the existing use permit (U-2013-07) shall be deemed expired and a new use permit application must be applied for and obtained. 9. BUSINESS LICENSE Prior to final occupancy, the business owner shall obtain a City of Cupertino business license. Resolution No. 107 M-2019-02 May 23, 2019 Page 4 10. TRAFFIC MANAGEMENT PLAN Prior to building permit issuance, the preschool operator will create a Traffic Management Plan. The Traffic Management Plan shall indicate the vehicle circulation for drop-off and pick-up and include contact information for the preschool operator as well as the preschool instructor/designated traffic instructor during drop-off and pick-up times. Additionally, in the interest of being good neighbors, the preschool shall inform parents/guardians of enrolled students that drop-off and pick-up must occur on-site and during scheduled drop-off and pick- up times. Parents and teachers shall not arrive on-site prior to 7:00 a.m. Late pick- up after 6:00 p.m. is not available. These requirements shall be provided in the form of acknowledgments with the student enrollment documentation. The acknowledgments shall be signed by the responsible parents/guardians concurrent with student enrollment, and shall be retained by the applicant/operator. The City may request proof that the acknowledgements have been received and signed by parents/guardians of enrolled students at any time. 11. PARKING Per the Parking Regulations Ordinance, Cupertino Municipal Code Chapter 19.124, there shall be a minimum of two available parking stalls on-site (1 space for every 6.5 students). On-street parking shall not be designated for student drop- off or pick-up. 12. NOISE CONTROL The outdoor play area schedule shall be limited as indicated in the Business Plan. Noise levels shall not exceed those as listed in the Community Nosie Control Ordinance, Cupertino Municipal Code Chapter 10.48. If there are documented violations of the Community Noise Control Ordinance, the Director of Community Development has the discretion to require noise attenuation measures to comply with the ordinance. 13. CITY STREET TREE A City street tree may be required to be planted prior to final occupancy upon further review by the Public Works Department. Should the Director of Public Works require a City street tree, a tree grate will be required pursuant to the Monta Vista Design Guidelines. Resolution No. 107 M-2019-02 May 23, 2019 Page 5 14. SIGNAGE Signage is not approved with this use permit application. The applicant shall be required to submit an application for signage prior to installation of any signage on site. Signage shall conform to the City’s Sign Ordinance. 15. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 16. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from and against any claim, action, 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 to attack, set aside, or void this Resolution or any permit or approval authorized hereby 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 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as City staff 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. 17. 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 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. 107 M-2019-02 May 23, 2019 Page 6 SECTION IV: CONDITIONS ADMINSTERED BY THE PUBLIC WORKS DEPARTMENT 18. REVOCABLE ENCROACHMENT PERMIT Developer shall apply a revocable encroachment permit for the proposed landscaping within the public right of way. 19. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalk, and driveway repairs may be required in accordance with grades and standards as specified by the Director of Public Works. 20. DRAINAGE Grading and drainage shall be provided to the satisfaction of the Director of Public Works. Show all existing and proposed downspouts from the roof. Install splash blocks at all downspouts to ensure roof water is directed away from the foundation. 21. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement, if applicable, 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 under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits (or prior to Final/Parcel map approval). a. Checking & Inspection Fees Per current fee schedule ($857) b. Storm Drainage Fee Per current fee schedule ($9,471 per AC) c. Traffic Impact Fee Per current fee schedule ($6,236 per new peak- hour trip). Due only if project generates new PM peak-hour trips. d. Encroachment Permit Fee To be determined e. Bond: Encroachment Bond 115% of off-site improvements, if applicable 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 Resolution No. 107 M-2019-02 May 23, 2019 Page 7 event of said change or changes, the fees changed at that time will reflect the then current fee schedule. SECTION V: CONDITIONS ADMINSTERED BY THE BUILDING DIVISION 22. BUILDING PERMIT ISSUANCE The applicant shall consult with the City Building Division to obtain the necessary building permits for the on-site alterations. The use permit amendment shall be considered null and void and of no effect if a building permit is not filed and accepted by the City within the expiration date specified in the municipal code. In the event that a building permit expires for any reason, the use permit shall be null and void. rd PASSED AND ADOPTED this 23 day of May, 2019 at a noticed Public Hearing of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: APPROVED: /s/Erika Poveda_______ /s/Benjamin Fu__________ ____ Erika Poveda Benjamin Fu Assistant Planner Acting Community Development Director