.02 M-209-03 Suna Lai
CITY OF
II
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAC((408) 777-3333
Community Development Department
Agenda Item No. ;<
Application: M-2009-03
Applicant: Suna Lai
Owner: Cupertino Stevens LLC
Property Location: 20100 Stevens Creek Blvd
Agenda Date: May 12, 2009
APPLICATION SUMMARY:
Modification of a Use Permit (49-U-87) to allow for a 4,900 sq.ft. day care preschool and
learning center in an existing office building located along the south side of Stevens Creek
Blvd.
The City Council has the final approving authority since the original use permit was
approved by the Council.
RECOMMENDATION:
Staff recommends that the Plalming Commission recommends approval to City Council of
the modification (M-2009-03) to allow the day care preschool aI).d learning center.
Project Data:
General Plan Designation:
Zoning Designation:
Lot Area:
Acreage:
Building SF:
Existing Commercial Office:
Proposed
Office
Day-care commercial
Total Building SF:
Existing Parking:
Proposed Parking Stalls
Project Consistency with:
General Plan:
Zoning:
Environmental Assessment:
Commercial! Office /Residential
P (Heart of the City Specific Plan)
47,393 sq. ft.
1.08acres
4,631 sq. ft.
6,371sq. ft.
4,990 sq. ft.
11,300 sq. ft.
50 parking stalls
36 parking stalls
Yes
Yes
Categorically Exempt
2-1
2
BACKGROUND:
T11e project site is z011ed Mixed Use Plarmed Developme11t. On November 9, 1987, t11e City
COUl1Cil approved the Use Permit for the C011versioll of an 11,300 sq. ft.
Commercial/Ware110use building to an Office/Commercial building. The use perluit
gral1ted approval to allow for 5,500 sq. ft. of commercial use and 5,800 sq. ft. of office use ill
t11e building. The uses were limited to those allowed in the CG (Ge11eral Commercial)
zoni11g district. Tl1e applica11t is requesting approval to modify the existu1g use perlnit (49-
U-87) to allow for the daycare use. The proposed project would allow 6;310 sq. ft. to be
used for office use al1d 4,990 sq. ft. to be used for commercial. The daycare is a commercial
. use and proposed to occupy 4,990 sq. ft. of the commercial portion of the buildi11g.
Site Location
Tl1e project site is occupied cuir~11tly by Chicago Tile (to remaill) a11d 111foLoan Mortgage
Company (to be takell over by Growll1g Tree) a11d is located 011 t11e south side of Steve11S
.Creek Blvd just west of the C11ili's Restaurar1t. Cross-access easements are establisl1ed
between the Chili's Restaurant parcel a11d the subject site allo\ving for circulatiol1 betvvee11
tl1e two parcels.
Aerial Photo
DISCUSSION:
The applica11t is requesting approval to allow for a daycare and prescl1oo1 providu1g
bilu1gual Montessori curriculum. They are proposing to con.vert 4,990 sq.ft. of office space
to classrooms, wl1ile 1,679 sq. ft. is to remalll for t11e sc11oo1's adlnirlistrative offices. A
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3
portion of the rear parkulg lot will be fen_ced off and converted for. a ch.ildreil' s play area.
The size is dictated by the state licellsing requiremellts per the size of tIle daycare.
Hours of operation:
The project proposes a maximum of 94 studellts at any given time. There are a total of 12
employees at tIle center, with all average of 10 staff present at allY aIle time. TIle hours of
operatiC?ll are between 7:30am and 5:30 pm; witIl class hours broken dOWll betweell tIle
different age groups. Tile preschool classes would Ilave a maximum of 36 students per
class vvllile the YOUllger daycare for toddler~ llas a maxilnum of 22 students. The outdoor
play area wou~d be utilized, weather permitted, during the llours of 10:30am and 3:30pm
being rotated betweell tIle differellt classes. Chicago Title is open from 9aln to Spm.
Noise:
A lloise impact and mitigatiol1. study was performed for tIle proposed daycare to determine
tIle ambient lloise levels botll ulside alld outside of tIle cellter. The Inain concern was tIle
iInpact to tIle neighborulg residelltial apartmellts to the rear alld COlldos to th.e west. TIle
proposed outdoor play structure is approximately 75 feet away from the residelltial use to
the soutll buffered by all existillg masonry ,,yall and a large parking area (as sllown below -
Diagram 1). The condo complex is closer at 50 ft separated from the subject property by an
existulg 6 ft high masonry wall. It was determined that tIle center would create noise levels
of 40- to 50 dBa. TIle second floor residelltial levels would be a few dB higller in botl1.
locatiolls, llowever, evell with lugher lloise levels for the secolld floor it is still below the
City Noise Ordinance of 60 dBa measured at the property lUle adjacellt to residelltial uses.
Conditions of approval Ilave been added to address allY impacts.
Diagram 1
2--3
4
Parkmg:
To allo\v for tIle play area and the llew garbage enclosure, 14 parklllg stalls lleeded to be
relTIoved. W1lat remalllS for tIle various uses is broken dOWll. as follows:
2
Parking
requirements
1/285 sq. ft.
1/6.5
students
1/285 sq. ft.
#of Stalls
Building Tenants
Units
Sq. Ft.
4631
4990
Number of
students
Employees
Chicago Title
Growulg Tree Day
Care
Day-Care -Admill.
offices
Total Needed 36
Total Provided . 36
Access to the site is from Steven Creek Blvd leadlll.g to a frOllt parkulg lot of 18 spaces,
while a two-way drtveway leads to 18 spaces of rear parkmg. TIle frollt parking area is
maul.ly desigIlated for the Chicago Title alld tIle admmistration office. The malll parkulg
area for the daycare would be located in the rear. TIle peak drop-off demands (7-8:30am &
5-5:30pln) for tIle proposed daycare use does ll0t overlap with tIle main 110urs of operation
of the existulg office uses (9-5pm). TIle proposed project does meet tIle required parkulg
demand prescribed in the ordulance. The required parking ratio for daycare (1 sta11/6.5
students) was added to the ordinallce in 2001 and was based on a survey study of parklllg
provided at daycare facilities ill. Cupertino and adjacent cities. Tl1e ratio does account for
parent drop-off demml.ds as well as employee parkulg. Given all th.ese reaSOllS, staff
supports tIle proposed project.
94
6
10
16
14
1679
6
Trasll El1closure alld Landscapil1g:
Tl1e project proposes to enclose a play area to the rear of the buildll1g with a six-foot high
cllalll link fell.Ce. New landscapulg will be in.stalled adjacent to the play area. ClliTelltly
there is an existu1g garbage ellclosure located withul. the west upper aisle against tIle ~-foot
11igh masollry wall where the proposed play area is plmmed. The proposed new trasll
e11closure (as sllown below - Diagraln 2) would be located to the rear.east corner removlllg
a parking stall, while stillleavin.g access to CIlicago Title alld allow for garbage COmpa11Y
pickup.
2-4
5
Diagram 2
Staff Recommendations:
Staff supports the projecfprovided the following changes and/ or conditions are satisfied:
Lobby Area:
The lobby/entry area to the project should be revised so that it is oriented closer to the rear
parking lot so as to discourage parents from parking in the front parking lot.
Designate drop-off area/parking:
Daycare drop-off area and parking spaces shall be clearly delineated in the rear parking lot
near the main entrance.
Design Review Committee
The final details of the site modification including but not limited to fencing, play structure,
pedestrian paths, entrance and drop-off area shall be reviewed and approved by the
Design Review Committee prior to issuance of building permits. '
ENCLOSURES:
Model Resolution
Attachment 1: Noise Report.
Attachment 2: Daycare Class and Parking Schedule
Attachment 3: 49-U-87, Resolution 4006 containing the Conditions of Approval
Attachment 4: Site Plans
Prepared by:
Approved by:
Heather Phillips Assistant Planner .
Gary Chao, City Pla~;;'~~ flI./'
Aarti Shrivastava, Co~t;" Developlnent Directory"
G :planning/PDreportjpcMreportsj2 009,/1\1-2009-03. doc
2-5
M-2009-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT TO ALLOW 6,669
SQ. FT. OF COMMERCIAL SPACE TO BE USED FOR A DAY -CARE AND PRE-SCHOOL
FACILITY WITH ADMINISTRATIVE OFFICES.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
M-2009-03
Suna Lai
20100 Stevens Creek Blvd.
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Conunission 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 Conunission 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 subconc1usions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. M-2009-03, .
as set forth in the Minutes of the Planning Conunission Meeting of may 12, 2009, and are
incorporated by reference though fully set forth herein.
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Resolution No. M-2009-03 May 12, 2009
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted, titled "little Tree Bilingual Montessori New
Campus 20100 Stevens Creek Blvd, Suite 160 Cupertino, CA 95014" consisting of 2 pages
numbered, "Al.l"; "Site Plan"; and "A2.1" "Floor Plan", except as may be amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to operate a daycare facility with a maximum occupancy of 94 children
and 10 employees. The use shall operate between 7:30am and 5:30pm from Monday through
Friday. Said use shall be reviewed within the first year of operation in the event of noise
related or traffic complaints.
3. NOISE CONTROL
The noise levels 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. The Planning Commission may limit the number of
children allowed in the outside play yard.
4. PARKING
The applicant shall provide a minimum of 20 parking spaces in accordance with the approved
site plan.
5. 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.
6. TRASH ENCLOSURS
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Final trash enclosure details shall be reviewed and approved by the Design
Review Coinmittee prior to issuance of building pennits.
7. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building permits.
Said plan shall explore and maximize parking lot shade trees and semi-pervious paving
materials wherever feasible.
8. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the parking
system used by employees, and visitors and shall be subject to staff approval prior to final
occupancy. At least 4 spaces shall be reserved for drop-off and pick-up and clearly designated
as such.
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Resolution No. M-2009-03 May 12, 2009
Page-3-
9. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial future parking or noise problems, the City
reserves the right to review this use permit at any time for additional mitigation measures or
recall the use permit.
10. DESIGN REVIEW COMMITTEE
The final details of the site modification including but not limited to fencing, play
structure, pedestrian paths, garbage enclosure, entrance and drop-off area shall be
reviewed and approved by the Design Review Committee prior to issuance of building
permits.
11. LOBBY AREA
The lobby/entry area to the project should be revised so that it is oriented closer to the rear
parking lot to discourage parents from parking in the front parking lot and forcing them to
use the rear parking for the day-care.
SECTION N: CONDITIONS ADMINISTERED BY THE FIRE DEPT.
12. REQUIRED FIRE FLOW
The fire flow for this project is 1,500 gpm at 20-psi residual pressure. The adjusted fire flow is
available from area water mains and the fire hydrant(s), which are spaces at the required
spacing.
13. SPRINKLER SYSTEM
Records indicate that this structure is equipped with an existing fire sprinkler system. If any
interior remodeling is proposed as part of this project, the fire sprinkler system must be
modified to properly accommodate these changes. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their work.
14. SIGNAGE
Exits and exit pathways must be properly marked, illuminated and signed, and the required
minimum number of exits must be provided in all required locations.
15. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing building in such a
position as to be plainly visible and legible from the street or road fronting the property.
Number shall contrast with their background.
SECTION V: CONDITIONS AbMINISTERED BY THE BUILDING DEPT.
16. ADA standards:
Provide accessible path of travel to public transportation. Accessible parking appears
incorrect and will need to be corrected and modified when submittal for tenant improvement
plans.
17. Occupancy:
Information on building type of construction and occupancy type will be required upon
submittal of tenant improvement plans.
G:\Planning\PDREPORT\RES\2009\M-2009-03 res.doc 2-8
Attachment 1
Environmental Consulting Services 18488 Prospect Road - Suite 1, Saratoga, CA 95070
Phone: (408) 257-1045 stansheIl99@toast.net FAX: (408) 257-7235
March 3, 2009
Mr. Jerry Chen
Growing Tree Learning Center
10601 S De Anza Blvd., #214
Cupertino, CA 95014
RE: Noise Impact and Mitigation Study for Growing Tree Learning Center Project, 20100 Stevens
Creek Blvd, Cupertino
Dear Mr. Chen,
In response to your request I have evaluated the potential noise impacts that could be produced at
nearby sensitive receptors by the proposed subject redevelopment of a portion of the existing property at
20100 Stevens Creek Blvd. in Cupertino. The report discusses .the present environment, the proposed
project and its associated noise-related aspects, the p....QNntial"riew activities and operational noise impacts
on the nearest receptors in the area, and compliance with Cupertino noise guidelines'.
To summarize the conclusions of the report, the proposed changes to the project site and building,
and new on-site activities would be expected to meet the City Noise Ordinance limitations and not produce
any significant noise incidents in the vicinity of the site.
Project Description [1] [2]
The Growing Tree Learning Center of Cupertino proposes to provide weekday daytime care for
toddler and preschool-age kids on the subject site. The Growing Tree Learning Center proposes to
redevelop 4990 square feet of the existing building for child care, plus an additional 1680 square foot area
as an office, construct an outdoor play area, and provide necessary parking facilities around the building.
The property is zoned for commercial and school-type uses. Internal modifications would be made to
the building for Growing Tree Learning Center use, as well as constructing a playground area of
approximately 7400 square feet at the southern section of the site, which includes an 18'x28' climbing
structure, a garden area, and grass play area. Paved parking for approximately 18 vehicles in front and 20
vehicles adjacent to the building in back would be provided, which would be shared with the existing title
company.
The facility would accommodate 90 kids and a staff of 9, on a normal workday schedule of hours
(7:30 am to 5:30 pm) Monday through Friday. No evening, major holiday or weekend activities would be
held on site. Inside activities would include normal school educational, creative and play activities in
specially-designed rooms. The outdoor play areas would be constructed with an age-appropriate climbing
structure, play areas, and garden area. During outdoor play periods there would be at least one staff person
for every 6 infants/toddlers, and one staff person for every 12 preschoolers.
Sensitive Receptor Locations
The project area is a mixed residential and commercial neighborhood on the south side of Stevens
Creek Boulevard west of Blaney Avenue. The nearest sensitive receptor locations for noise generated by
the project include apartment complexes along the west and south property lines. Other uses in the area
are commercial in nature and not considered sensitive, such as restaurants and offices. The other tenants
sharing the building represent additional potential sensitive receptors for noise transmitted within the
building. Vehicle access to the project would be from Stevens Creek Boulevard, as at present.
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Growing Tree Learning Center Project Noise Study - Cupertino
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This study investigates the extent to which the adjacent apartment units or building tenants could be
impacted by noise from Growing Tree Learning Center activities. The various potential noise impacts are
discussed in the following sections.
Ambient Noise Levels and Noise Sources in the Area
The primary source of ambient noise at the project site is traffic on Stevens Creek Boulevard, a major
arterial bounding the project site on the north side. Typical vehicle passby noise levels are in the 50-60 dBA
range at 100 feet. Trucks, buses, motorcycles, and poorly-muffled vehicles produce peak levels 5 to 15 dBA
higher on passby. Noise is contributed to a lesser extent by vehicles on Blaney Avenue. Large and small
aircraft and helicopter overflights create infrequent noise incidents of 55 to 65 dBA. Delivery of products by
large diesel trucks to support commercial activities in the area create noise levels of 65-70 dBA at 100 feet
from periods of engine idling while unloading. Other than typical sporadic neighborhood activities such as
garbage pickup, there are no other notable noise sources in the project area.
Field noise measurements were made during the afternoon period of February 25, 2009 with a CEL-
440 Precision Noise Meter and Analyzer, calibrated with a B & K Model 4230 Sound Level Calibrator.
Measurement locations were chosen to represent the site and key receptor locations, as described below:
. Location 1 - southwest corner of the property near the proposed garden location and adjacent to
the apartment complex on Stevens Creek Blvd.
. Location 2 - near the southeast corner of the building, in the parking lot area
Noise levels were measured and are reported using percentile noise descriptors, as follows: L90
(the background noise level exceeded 90 % of the time), L50 (the median noise level exceeded 50% of the
time), L1 (the peak level exceeded 1 % of the time), and Le~ (the average energy-equivalent noise level).
Measured noise levels are presented in Exhibit 1 below. The DNL/Ldn noise levels were computed as the
long-term average of the Leq using the daily traffic distribution in the area, with standard weighted penalties
for the nighttime hours, and modeled with an enhanced version of the National Cooperative Highway
Research Board traffic noise model [4].
EXHIBIT 1
AMBIENT NOISE LEVELS (dBA)
Growing Tree Learning Center project area, Stevens Creek Boulevard, Cupertino
Location LgO LSO Leq L1 Ldn
1. Southwest corner of property 44 46 48 54 50
2. Southeast corner of building 47 51 53 61 58
Traffic is the dominant noise source near the project site, with noise levels at any location in the area
depending upon volume, speed and distance to the nearest traffic. However, the Learning Center outdoor
play area is located behind the building, partially shielding it from much of the direct traffic noise. Location 1
is at the southwest corner near the location of the garden in the play area. Location 2 is also in the outdoor
area near the southeast corner of the building. At both locations the L90 background noise level is a result
of the moderate-volume traffic on Blaney and 1-280 several blocks north. During morning and evening
periods when temperatures are lower and humidity higher, noise is transmitted more efficiently, and noise
levels from 1-280 are often higher by 5-8 dB.
Relevant Cupertino Noise Ordinance Limits [3]
Section 10.48.040 of the Cupertino Noise Ordinance applies to this project, which limits noise during
daytime hours (7 am to 8 pm) produced by sources adjacent to a residential property to 60 "dBA, or by
sources adjacent to commercial property to 65 dBA. Note that there are no project-related activities during
night time periods, when City noise limits are more restrictive. In addition, brief daytime noise incidents on
the site would be allowed somewhat higher noise levels by Ordinance section 10.48.050. For example,
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Page 3 of 4
noise incidents that last less than 15 minutes during any two hour period are allowed to be 5 dB higher than
long-term general limits.
Potential Growing Tree Learning Center Noise Impacts
Outdoor playground activities behind building
All potentially noisy outdoor activities would occur behind the building in the southern section of the
property. Several types of play areas are included: a large climbing and play structure with a footprint of
approximately 28 feet by 18 feet, a garden area, and the remainder an open grassy play area. The potential
noise impacts from outdoor activities are described in the following paragraphs.
Between 10:30 am and 3:30 pm there would be a maximum of 36 toddlers and preschool kids at a
time playing outside in several scheduled periods. Kids have either one or two outdoor play periods of 30
minutes each day, depending on their age; toddlers have only one period outside. Outdoor kids' activities
would include climbing on the play structure, tending the garden, and games with balls and other typical
outdoor play activities. All of the noise would be from sporadic voices of kids and staff. Activities of this
type can create intermittent brief noise from voices of 50 to 60 dBA at a distance of 30-40 feet.
The apartment complex along the south property line is approximately 75 feet from the main play
area, so maximum playground noise levels would be in the 40 to 50 dBA range in the adjacent yards,
partially protected by a 3-foot block wall. The apartment complex along the west property line is
approximately 50 feet from the main play area. Maximum playground noise levels here would also be in the
40 to 50 dBA range in the adjacent yards, closer but protected by a 6-foot masonry wall. Noise levels at the
second floor levels, unprotected by property line walls, are a few dB higher in both locations. However,
even the second floor noise levels are in the range of ambient traffic noise and below the City noise
ordinance limits. The various projected noise levels are summarized in Exhibit 2.
EXHIBIT 2
PROJECT NOISE LEVELS (dBA )
Growing Tree Learning Center Project - Stevens Creek Boulevard, Cupertino
Location Max Noise
Levels (dBA)
1. Outside - residential yards to west 40-50
2. Outside - apartments to west, second floor 48-58
3. Outside - residential yards to south 40-50
4. Outside - apartments to south, second 45-55
floor
5. Inside - title company sharing building 35-40
There would also be parking spaces in back of the building, 25-100 feet from the residential property
lines, which could produce brief noise incidents of 50-60 dBA during the day as cars come and go. This type
of noise incidents occur at present under existing usage of the parking area.
Activities inside the building
Growing Tree Learning Center activities inside the building can include reading, art, music, and other
classroom-type activities. Noise impacts from these inside activities would be negligible, because of noise
attenuation by the high-quality party walls dividing the spaces within the building. Also, the only rooms
sharing a wall with the adjacent title company is strictly an office, which would generate the same type of
noise as that by previous commercial tenants. All noise transmission through the party walls would be
reduced 40-50 dBA, so there would be no significant noise disturbance from the new activity on existing
tenants. The anticipated noise levels for the indoor locations are shown in Exhibit 2.
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Growing Tree Learning Center Project Noise Study - Cupertino
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Conclusions and Summary
Overall ambient noise levels in the project area now depend primarily on traffic noise, and this will
continue to be the dominant noise source in the area in the foreseeable future. The primary noticeable
noise would be intermittent and brief voice incidents from young children playing in the area behind the
building. With the informal type of play activities, the age of the kids and the distances involved, these
activities would be within the City noise ordinance limits, and would not be expected to create any noise
impacts in adjacent residential areas.
If I may be of further assistance on this project, please do not hesitate to contact me.
Respectfully submitted,
~SM4
H. Stanton Shelly
Acoustical Consultant
Board Certified Member (1982)
Institute of Noise Control Engineering
CC: Ms. Chun Lin, Eva Investments, Cupertino
REFERENCES
1. Project site sketches: Growing Tree Learning Center, 20100 Stevens Creek Blvd, Cupertino, Eva
Investments, March 2009.
2. Operational information sheet and facility activity descriptions for Growing Tree Learning Center,
February 2009.
3. Noise Ordinance, Municipal Code Section 10.48, Noise levels for residential and commercial zones;
City of Cupertino; 199
4. Highway Noise - A Design Guide for Highway Engineers, National Cooperative Highway Research
Program Report 117, Highway Research Board, National Academy of Sciences, Washington, D.C.,
1971 (model enhanced and field validated by ECS).
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49-U-B7
,-
CITY OF CUPERTINO
10430 S. De AnZa Bo1J.evard.
CUpe.rtino, califotnia 95014
RESOWl'ION No. 4006
OF '!HE PI..1INN'mG CXHUSSION OF '11iE: c::rr:l OF CUPERI"lllO
REa::MIDIDING APPROVAL OF USE PEP.MI'l' TO a::NVERr AN EXISTING
~SE l3UIIDING 'IO OFFICEjOl-MERCIAL
USES AND 'IO C:ONSl'RUCI' ASSOCIATED SITE AND BJIIDING M::>DIFICATICNS
Attachment 3
SECI'ION I: FINDWGS
WHEREAS, the Planning camui.ssion of the City of C1pertino received an
application for a Use Pelmit, as describe:l on Page 2 of this Reso~utio",
ani
WHERE'AS, the applicant has met the burden of proof required to support
said application; an:!
WHERFAS I the Planning Omnission firds that the application llleets the
follCMir'q requirements:
a) That the use or uses are in conformance with the General. P1an of the
city of OJpertino, and are not detriJnentaJ. to existinq uses or to
uses specifically pexmitted in the zone. in which the proposed 'llSe is
to be located.
That the property involved is adequate in she and shape to
a~L1u~te the proposed. use.
b)
That the proposed. use will not generate a leve1. of traffic aver and
above that of the capacity of the existirq street sy~.
d) That the proposed use. is otherwise not deb:imental to the heal.th,
"- safety, peace, mora1s an:l general welfare of persons resiclin3' or
workin;J in the neighborhexxi of such proposed uses, nor injurious to
property ani :iInprovements in the neighborhood.
c)
NOW, ".I'HEREFORE, BE IT FESOLVED:
'Ibat after cai:eful consideration of TlBPS, facts, exhibits, testitrony ard
other evidence submitted in this matter, the afPlication for Use Permit is
hereby recoamended for approval, subject to. the conditions which are
enume.rate:i in this Resolution be;inn:ing on PaCJe 2 thel:eof; ani
'Ihat the S\.lbconClusions upon which 1:11e fi..n:i.in;rs arxi conditions specified.
in this Resolution are based are contama:! :in the PubUc HeariD; record
concernin;J ~1ication 49-t]-87 as set forth in the Mirmtes of the PlaI1l'li1g
Conmtission Meeti..rg of November 9, 1987, and. am incorporated by reference
as though fUlly set forth herein.
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2-16
RFSOIl1I'ICN no. 4006 (49-U-87)
PAGE - 2 -
ll,I09/87
SECTION rr: FROJECl' D.\TA
49-U-87 and 50-EA-B7*
DarVl Fazekas
Audrey Tsang
South side of stevens creek Boulevard.
a~roximatelv 500 ft. west of Blanev Avenue
SECl'ION IrI: OONDITIONS AI:MIN1STERED BY 'mE roBLIC ~RKS DEPARI'MENl'
Application Noes)
Applicant:
Property owner:
locati.on:
.
,
1. STREr:I' WTDENING
street widenin;1, iIrprovemmts ard decUcations shall. be pX'C\fided in
accordance with city Standards arx:l specifications arx:! as requ.irec1 by
the ci.ty Eh;ineer.
2. aJRB roID GUITER IMPROVEMEN'IS
o..u:bs and gutters, driveways, siclewalJ<s and related structures shall
be installed in accordance with grades an:i st:aIxhu:ds as specified by
the city Erx.Jineer.
3. STREET LIGrn'ING ~ST.1\LIATION'
street lightin; shall be installed ard. shall be as approved by the
city Fn;ineer. Light.inq fixtures sl'lal.l be positioned so as to
preclude glare arx:l other forms of v1sual :interference to adjo.ini.n:J
properties, an:l shall be no higher than the maxilmIm height permitted
by the zone in which the site is located.
4. FIRE HYDRANT
Fire hydrants shall be located as require:l by the City.
5. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
6. ::>J.'Hl:J:;.1' TREES
street trees shall l:le planted within the FubHc Right of Way ani shall
be of a type approved by the City in acx:ordance with ordinance 125.
7. GRADING
Gradi.n;J shall be as approved an::l required by the City Engineer in
accordance with ordinance 125.
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2-17
\.
.
RESOIl.1I'ION NO. 4006 (49-0-87)
PIIGE: - J -
11/09/87
8. ~
Drainage shall be provided to the satisfaction of the city Erqineer.
Surface flow across public sidewalks nay be allowed in the R-l., R-2
arx:l R-3 zones unless stem drain facilities are deemed n~ssary by
the city Engineer. Development in all other zonin;Jdistrlctsshall be
served by on site stem drainage facilities connected to the City
storm drainage system. If City stctm drains are not avaUable,
drainage facUities shall be installed to the satisfaction of the City
Engineer .
9. WOERGRCUND lJI'ILITIFS
'!he dl!Veloper shall cc.mply with the :requirements of the Undergroun:l
utilities Ordina.nca. No. 331 and other related Ordinances and.
regul.ations of the city of QJpertino, and shall cooxdinate with
affected utility prcviders for instaJ.lation of urx!erqround utility
devices. '!he deveJ.oper shall sul::Init detailed plans showing utility
undergrcund provisions. said plans shall be subject: to prior approval.
of the affected utility provider a.ni the City En;ineer.
u. DEVELOI=MENT AGREEMEm'
'!he project devel.oper shall enter into a developnent agreement with
the City of CUpertmo providing for payment of fees, inclUdi.n:J but not
limited to check.in:r an:! inspection fees, stom drain fees, park
dedication fees ard fees for urx3.~ of utilities. Said
agreement shall l:e executed prior to issuance of construction permits.
11. 'I'.RANSFORMERS
El.ectrica1 . transformers, teleP'1one vaults ard similar above qrourn
equipnent enclosures shall be screened with fencin:J aJ'lc1 lardscap:in:;
or located undergroun:i such that said equipnent is not visible fram
public street areas.
12. PEDES'l'RIAN ~
Pe::lestrian easements aver the sidewalk area shall be recotded against
the subject property prior to issuance of Wilc1in; pemits.
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2-18
RESOIlJI'ION NO. 4006 (49-'1-87)
PAGE: - 4 -
11/09/87
SEcr:rCN IV: <X:>NDIT!ONS 1I.IlillITSTERED BY' 'IRE PIANNING DEPARIMEl1r
13. ~ EXHIBrI'S
'!he r~llilen:!ation of approval is based on Exhibits A 1st Revision, B,
c 1st Revision, and Info. of Application 49-U-87, except as rray be
amended by the COnditions contained in this Resolution.
14. M::>DIFICAT.I;QN OF ~ DEVELOR-!ENT PIAN
In the even!:. that the. applicant or subsequent property CMner shall
desire to. xnake arrz minor changes, alterations or arnen:lment of the
approve:! deveJ.cpnent plan, a written request or revised deveJ.opnent
plan shall be sul::m:itted to the Director of Planning on:l I:evelopnent:.
If the oirector makes a f~ that the chan:3es are minor ani do not
result in a mterial affect upon the appearanc:e or function of the
project, said charqes my be certified on the' revised. plan. If
apprcval of said charges is withheld, the applicant nay appeal to the
Plannirq Carmdssion.
If the Director finis that the requested c.han:Jes are materiaJ., such
changes shall be referred to the Plannin;J C01md.ssion for approval. If
the c:han;es are denied by the Planning' commission, the appUcant rray
appeal to the city councU as provided in city ordinance No. 652.
If said c:h.anJes are approved by the Plannin;J Camnission, an appeaJ. may
)je nade to the city council by a:rrJ interested pu1:y. l\1rther, any
Member of the city Co\JnCil may request a hearin;r before the city
COUncil rega.rd.i.n:r said approved charqes. Said request shall. be made
within ten (10) days from the date of approval of said changes by the
Planni.n;J Commission.
15. '!RIP CONSTRAlNT
Iarxl Use intensity shall be limited to an intensity that will not
generate ncre than sixteen (16) on way trips per acre durjng'the peak
traffio hour. For pxrposes of ensur::inq c:cnpl.ia.nce with the Traffic
Intensity Performance Stan:m:d, the foll.owin;r accounting of trips is
hereby'i.no:ll:p:)rated. into the project approval:
'!RIPS GENElWl'ED BY PROJECl': 16.8
'!RIPS 1ILlOCATED 'IO FROJEtT SITE: 16.8
SURPWS TRlFS: 0
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2-19
RrSqWI'ION :NO. 4006 (49-U-S7)
PAGE - 5 -
11/09/87
J:n the event that a developrent does not utUize the full 16 trips per
acre allotted by the trip erxl performance s1:arrlard, the owner of
record shall have the abili.ty to retain, seU or transfer trips with
other property owners within the the'l'rU:fic Intensity Ferfo:rrrance
starx3ard Area. An sales or transfers of trips shalJ. be filed with
the Director of Plannin; and Davelopaent and the city Clerk. No sale
or transfer shaU be considered finaJ.ly consummated until a Use Pemi:t
has been approved. for the property to ~c:I1 the trips are to be
applied .
'U'le developer shall recom a covenant to descrllie the trip acre
constraint ani the total number of trips allocated to the particular
development' at the t.iJr.e of development approval. 'Ihe oavenant shall
appropriate 'WOrd.inq to SI.19.Jest that fUture p.JrChasers of the prcpert:y
consult theirxtividual Usa l?eJ:mi.t file to c::btai.n an updated status
report of. the total number of trips allocated to each particular
property .
16. APPROVED USFS
Approval is granted to utilize the 11.,300 square foot buildi.nq in the
followi.n:; 1MI'U'ler:
ca1MERCIAL
OFFICE
5,500 Sq. Ft. Maxinum
5, BOO Sq. Ft. Mi.ni.nurll
17. USE :LnITTATIONS - (GENERAL CXMMERCIALl
Permitted uses may inclucle all uses a11~ without the securirq of a
Use Pennit in the city of CUpertino 00 (General Cc:mmercial) zonin;J
district. Al.I other uses requirin:] Use Pennit review in the ex; zone
shall require Use PeJ:mi.t reviaot in the subject Planned Development
Zone.
18. I.AAI:SCAPE RE.VIEW
'!be applicant shall sul:mit a ~ive ~andscape planting plan for
informal review by the Archi.tect:ura.l. and site Approval Ccmrnittee prior
to issuance of building' permits. Plans shall be consistent witl1 the
Stevens Creek Eoulevard Sidewalk an:1 Iarxiscaping St:atx:lards.
19. FUIURE DlGRESS/EGRESS FASFl-1ENl'
'!be applicant. shalJ. sign an agreement. to participate in a xeciprocal
in:Jress/egress easement with the adjoi.nin;r property crwner to the ~
when said property owner is obligated. to participate in a s.1milar
agreement. .
~e aJ;Plicant shalJ. submit a draft a(fle.eIleJlt: to staff for apprcval
prior to recordation. The agreement shaJ.l be reoonied prior to
issuance of l:lui1di.rq permits.
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2-20
RESOII.1l"ION NO. 4006 (49-0-87)
P1IGE - 6 -
11/09/87
20. NOrS~ IJE.VICES
No public adb:ess systel1l or paqinq system, pc:wered megaphone or
similar noisealakinq de\rlce shall be pemitteci outdoors at art;{ time.
PASSED AND AOOPl'ED this 9th day of November, 1987 at a ~ar Meet.1.n1 of
the P~ClJ'U'1inJ ccmdssion of the City of CUpertino, state of Cal.ifomia, bf
the fol.lcwin;J roll. call vete:
AYFS: aMiISSIQlERS:
NOES: CXMIISSIONERS:
ABSTADl: cx:MfiSSIONERS:
ABSENl': CXHfiSSlam:RS:
lldams, Claudy, Sorensen, Szabo,
am Chail:1nan Mackenzie
None
None
None
ATI'E'Sl':
APiroVED:
/s/ Robert CO~8n
Robert Cowan .
Director of Pla.nrUnq
RES49U87 (RANDY)
/s/ Donald M8~kenzie
ton Mackenzie, C11ail'man
O%pertino Plannin;J c:tmm.ission
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