.01 Bethel Lutheran ChurchCITY OF
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
SUMMARY
Application: M-2009-05 Agenda Date: June 23, 2009
Applicant: Anjali Arora
Owner: Bethel Lutheran Church
Property Location: 940 South Stelling Road
Environmental Determination: Categorical Exemption
APPLICATION SUMMARY
Modification of an existing use permit (6-U-86) to allow an afterschool program for
children at the existing Bethel Lutheran Church.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the modification (M-2009-05)
to operate the afterschool program for up to 90 children at the Bethel Lutheran Church
in accordance with the attached resolution.
BACKGROUND
Project Data:
General Plan Designation:
Zoning Designation:
Lot Area:
Acreage:
Building SF:
Existing Sanctuary:
Existing Multi-purpose Rooms:
Existing. Shed:
Proposed Building SF:
Existing Parking:
Proposed Parking Stalls
Quasi-Public /Institutional
BQ (Quasi-Public Building)
64,904 sq. ft.
1.49 acres
2,800+/- sq. ft.
3,200+/- sq. ft.
400 sq. ft.
No Change
56 parking stalls
No Change
Project Consistency with:
General Plan: Yes
Zoning: Yes
Environmental Assessment: Categorically Exempt
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Anjali Arora (Bethel Lutheran Church) M-2009-OS June 23, 2009
Page 2
BACKGROUND
The project site is zoned BQ which allows Quasi-Public Uses. On March 10,1986, the
Planning Commission approved a Use Permit (6-U-86 -Attachment 1) to allow:
• The existing church with approximately 180 attendees
• Ancillary church-sponsored activity
• Incidental community service functions
The applicant is requesting approval to modify the existing use permit to allow an
afterschool program in the multi-purpose building operating on weekdays from noon
to 6:30 p.m. (Attad~unent 2).
Site Location
The project site is located at the southeastern corner of South Stelling Road and
Jollyman Lane. The project is surrounded by single family residences to the North, East
and West. Jollyman Park is immediately to the South (see aerial photo below},
Aerial Photo
N
DISCUSSION
The project proposes a maximum of 90 students at any given time. The number of staff
will be determined at a ratio of 1 tutor to 14 students, depending on the number of
children enrolled (capped at 7 tutors maximum). The afterschool program will provide
tutoring assistance, foreign language learning opportunities and provide arts, music
and dance classes and indoor/outdoor sports.
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Anjali Arora (Bethel Lutheran Church) M-2009-OS June 23, 2009
Page 3
Current activities at the church include a morning to early afternoon program for
seniors, Alcoholics Anonymous meetings once a week in the evening and services and
Sunday School on weekends.
Parkin
The following is a parking analysis for the existing and proposed uses at the church:
Proposed Afterschool Program Other Existing Programs Total
Program (parking requirements =1:4 (parking requirements =1:4 Parking
students +1:1 tutor) artici ants + 1:1 staff) Needed
Time Maximum Maximum Parking Church Maximum Parking f or all
Students Staff needed Staff occu ants needed programs
Noon - 20 2 5+2 = 7 6 90 (Self-help 6+23 = 29 7+29 = 36
2:30 p.m. Elderl )
2:30 p.m. - 90 7 23+7 = 30 6 0 6 30+6 = 36
6:30 . m.
6:30 p.m. 0 0 0 0 20 (A.A. 5 0+5 = 5
and after meetin s)
Note: ibis analysis accounts only for the peak parking demands when there are overlapping hours of
operation between the church and the proposed afterschool program.
There are 5b parking spaces available on site. The parking analysis indicates sufficient
parking will be available to facilitate both the church uses and the afterschool program.
The project will not alter the existing circulation driveways or entrances to the Church
property.
Noise:
Given the distance of the project from residential uses, a formal noise impact analysis is
not warranted (see Diagram 2 below). The closest residence is approximately 140 feet
away to the east and is buffered by the Fellowship Hall building and a 400 s.f. shed. The
closest residence to the north is approximately 200 feet away and is buffered by the
parking lot and Jollyman Lane. The closest residence to the west is approximately 250
feet away
Diagram
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Anjali Arora (Bethel Lutheran Church) M-2009-OS June 23, 2009
Page 4
The applicant has confirmed that outdoor play related to the program will 'include only
about 20 children and will take place at the tot lot in Jollyman Park. Therefore, there
will not be any impacts to neighboring residential properties. The model resolution
includes a condition that requires a modification of the use permit and an acoustical
analysis if the play area is moved to the church property.
Landscaping
The project site has landscaped berms along both South Stelling and Jollyman frontages.
However, these landscaping berms have not been properly maintained and are missing
trees that were approved as part of the original use permit i11 1986. Currently, the
landscape irrigation system has been turned off since it's not working. As part of this
approval, staff is recommending the following minor landscaping enhancements:
~ Four new trees (24" box) shall be planted in the general location as shown in
diagram 2 below
~;,~,.
,.
~~` ~ New 24"box trees
.....a ..
~ The applicant/property owner shall repair and restore the existing irrigation
system to function properly in order to upkeep the existing and new landscaping
features.
The applicant is agreeable to these conditions but has requested more time be given to
perform the landscaping improvements due to financial considerations. Acondition has
been added to require the minor landscaping improvements be completed by June 30,
2010.
ENCLOSURES:
Model Resolution
Attaclunent 1: Daycare Class and Parking Schedule
Attachment 2: 6-U-86, Resolution 2777 containing the Conditions of Approval
Attachment 3: Site Flails
1-4
Diagram 2
M-2009-OS
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 (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
begiruZing 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.
1-6
Resolution No. M-2009-05 June 23, 2009
Page-2-
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
maybe 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
Outside play time for the afterschool program is not approved with this modification.
Outside play time may be allowed subsequent to an acoustical report conducted to
determine noise levels and appropriate mitigation measures.
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 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 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.
G:\Plaii~ii~lg\PDREPORT\RES\2009\M-2009-05 res.doc
~-7
Resolution No. 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:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Aarti Shrivastava
Director of Community Development
G:\Plattttittg\PDREPORT\RES\2009\M-2009-05 res.doc
~-$
APPROVED:
Lisa Giefer, Chairperson
Planning Commission
a ~t
. ~ Attachment 1
R~so~~or~ Rro. ~a7~
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APPF~TCAI~~1': I~een~r Lu~~erat~ Church
AI1~Z~'SS: 940 S. St~l.lirx~ Ft~~d
Gee, CA. 9'.1014
SC~."DC'hT~;D: February 3, 1186 -
LOC~iTIONf : Southea`~:t corner o~£ Stell ~ •
- ____w_______________.~. ~ Rca^td and ~ollymara L~n~?
~_' .C 11Y1J11YVG~ l1lVL ~(~mm~~~~ff~/t~*~T~Lr TT~f~77.~y~~± -o•s•~•••••~•~~•~~_o•L°•ae.n.mva~..weer.ura..,.~..~a,...wea.~..e.....
{ti: .: - _ .7lJDl.~IJiCti+LIIJP.LVl'f~7:
l~pprovt~l is subj ert to ".he findings as set forth on L'~rge 1 am3 ~e
subconclusions as set i~orfh in ~..ne . at~tnz~s ~~f the Plannitx,~ r.~~~,~{es~,on
meQting of i~rch 10, 3.186.
A. C70s~d1'.t'ZONS : ~ .
~.
1^-15j S`T'ANDARD ~.~ar.~3'rzorrs
~LL Standard Cbndit:ians to ttie extent ~ hat they du not coni'~.iau w.i'~1: ~~e.
special c~anditions enumerated herein. xn the event a cx~nflict does
aatist, the special cxmr~itions aB enu+npxateca herein r~hall apply,
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16) ~".FROVED L~{fiISITS
That the reconunendation of approval is laaseo ~n Exhi}~i~ ~, H, and
St:~aff ]Cnfo c,f Appli.,ation G_U-86 except as may ae amended krir Special
cozxiit~_ans etnm~xate~ herein.
17) U~l~ L~'iIT1~3'IOrTS
Thee approved Use Permit authorizes contj-rn:Fd operation of the
• _ exj.sting church as a house cf ~rorship seating a
att:eradees, with ancillary chuzrh -sponsored a.cf-.i~rity and inctideynial
cxncm-w~ity service fur~ct:ions as provxcled in sE~c~ion 126 (by of the
zor.~ing arrlinance.
T!'ie~ approved Use Perniit ~~.so authorize ~ the addition oL
appraxjmately 2100 sq. ft. of floor S'°?.U tc, }~-jp; e~igtit~~
;~r,.,l.tipurpose roan, installation of a 4G0 s~ .
.and. provision of an :tmpraved ax•I q ft:, ~nair:eeaa~ar•-~ €~h~t,
p cirrg lot: on the. chox~ch .i-~,~'n~ie~~.
18) PARKING IaI' L~~,YOUl' P~7IFICA7L~luNS . ~ ..
1°he layout: of ' Lxax;'ci.rx~ st'.a3.3, d~ai~n~i~ms atui aisleiaa ali ~ttte
~Yiibit 1~ shall be r~x~difi:€~ Sco strai hten •tha~ ~_asfi.erl~ ~~; ~: ~n
aisle, providQ at least 3 gt. g y ° y
of land~capa area aloz~i .'che sc~xtti
pi'o;PeY'tY lj-np, aril prr~vide a 1at~scape ax,ea ~ l-) amt; to 4Tie ~iarkfng
at the entr~~~,e driveway of ~:ollyman Lane a~~ LZdica~tsd c~;r1 •~,~~ ;~'raf~ -
- - 3~nfo. ~' nibit prior to seeh3~ ~d~gt per;~~.~t apprrual. Elio csih~-
cfi..ariges on the si.aff .fnfomtat<~ on exhibit aZ~ not , ecTtxi.-med..
~. ~ . - ,
,;
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~.lL:'.`~J~.~f4. '~~4.x~!' _ .all'~./';¢i-.~.~ ::v~3y`~~!°__w~. F~~lfi~.:~tar~~}~~ %5•~r.'f= 9K~e^Y"~~~1~s~.R'.A~,T,~.~.tT. ~,P;va..°,7{."T~CJYC.:.dr~~.:v.:c~k,a..~.~...aa....: ~._. _,__ ,_ _ - ~ -
~•. ~.;
a) Materials and Dolor palette for the_ proposed archj.tectural
addition and the fx~eestandinct storageJmaintenanr~ ~~
k~) Detail elevation drawing arxi material spsc:ificaation for azay
trash enclosure to b€ installed on iha site
r.) C+aittprnhensive site lanalscape plan, to include ttc~e~iate visual
screening of the parking area Fx~nn adjacent publ3,cr streets arzd
fxvm residences on Jollyman Dare
d) Parking area 1lghtirx~t fixtures, to include shi.elclitx~ capt~ility
for offc~ite glare control
20) S"r.;~-~;Y ~7R.TVE~TAY ACCI~SS
The Planning cbrra~dssio.~ shall reserve to itself the option to x~cal:! --
the appx'rnteci Use Permit for a Public Hear. ing !:o xevi ~w the adequacy
of the single driveway access serving ~.he site a ~C!'ia Cc;;r~nissiot~ . rctay
initiate said hearixtc~ at the rec~iest of the City Council, s~ff sir
the public, and nay r~uire church officials to install a second~-y
access drive~a-ay to the parking 1--t, or to underta?te otYier roeasux~
appxrapriate to mitigation of identified traffic cixr;~al.ation safef-y
concerns .
PASSED AND ADOPI'~;D this loth day of March, 198b,.mat aYreqular meeting of
the Planning Cvnnnission of the city of Cupertino, ~F.ate of Calf `ornia, by
the foll~ainq x~vll-ca11 vote:
AYES: Commissioners rlackenzie, C1aUdy, Adams, Sorensen sad ~halrman Szabo
Yd[";YS: Nane
A3STAIN: None
ABSENT: clone
AT1~,ST: ~1P'F~RUVED:
/s/ Robert Cowan
Fobest Cowan
Planning Director
/s/ Nicholas Szabo
Nicholas 5~abo, C'~ia.~ roan F.._-.
dlanning Cc~rrmission ~-
PROGRAM DESCRIPTION
Existing Uses:
Attachment 2
The Church facility is primarily used for worship, teaching and incidental community
activity. Worship is held on Sunday in the Sanctuary that accommodates up to 180
attendees.
The Church also supports the Self-Help for the Elderly program on weekday
mornings from 8:30 am to 11:45 am, followed by lunch. Self-Help for the Elderly
program is held in the Fellowship Hall that has amaximum-seated capacity of 97 and
an assembly capacity of 208.
Proposed Uses:
The Church intends to provide school-age children with an after-school enrichment
program on weekday afternoons from noon to 6:30 pm. The after school program
creates a safe and nurturing environment in which children can obtain tutoring
assistance, learn foreign language/culture as well as benefit from enrichment
activities for the "whole child" including arts, music, dance and indoor/outdoor sports.
The after school program will be held primarily in the Fellowship Hall that has
maximum seated capacity of 97.
A typical day's schedule can be -
Early KG (10-20)
Noon-1:00 Lunch & Free Play
1:00-1:45 Reading /Writing /Story telling
1:45-2:30 Math /Chess /Puzzles
II Others (40-70)
:30-3:30 Snack & Free Play
3:30-4:15 Homework/ Math /FUSION Work
:15-5:00 Foreign Language/Culture
:00-6:00 ArUDance/Sports/Music
OTAL (50-90)
:00-6:30 Clean up /Pick up
1-11
PARKING ANALYSIS
Parking exhibit indicates 56 spaces exist at the facility.
Based on ratios prescribed in the zoning code (19.100.010 Table 19.100.040-A), the
after school program under consideration for weekday afternoons will have a
maximum of 90 children in the Fellowship Hall that would require 23 spaces with 6
spaces assigned for the staff. Expected ratio of staff to children is 1:14.
The program described will not operate on the weekends and will not interfere with
Sunday worship hours.
The following table highlights that at all points in time, there is more than adequate
parking available at all times, and at least 20 extra parking spaces after meeting all
needs of the proposed program and existing usage.
Time of
Day Max
Students Max
Staff Parking
Ratio Total Spaces
for AFTER
SCHOOL Church
Staff Other
Programs Total
Spaces for
OTHERS TOTAL
For ALL EXTRA
Noon 20 2 1:4 & 1:1 5+2=7 6 90 6+23 = 29 7+2g=36 20
2:30 m 70 4 1:4 & 1:1 18+4=22 6 - 6 22+6=28 28
6:30 pm 90 6 1:4 & 1:1 23+6=28 - 20 5 28+5=33 23
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FACILITY USE SCHEDULE
Weeklv Schedule: Present Usage
Staff
6 GSCC
6 Self-Help for the Elderly
Good Shepherd Christian Community (GSCC~
Sunday 9:00 am - 3:00 pm
M-F Afternoon
Saturday 9:00 am - 3:00 pm
Shekinah Worship
Sunday 3:30 pm - 10:30 pm
Self-Help for the Elderly
M-F 8:30 am - 11:45 am
Alcoholics Anonymous
Thursday 8:00 pm - 10:00 pm
Weeklv Schedule: Proaosed Usage
Staff
6 After School Program (1:14 staff-student ratio)
After School Program
M-F 12:00 - 6:30 pm
12:00 - 2:30 pm
2:30 - 6:30 pm
Attendees
Worship 80-150
Staff meeting 6
Choir practice/ 30-50
Meeting/Other
Worship 80-150
Workshop 50-90
(followed by lunch)
Meeting 10-20
Tutoring/ 50-90
Enrichment Activities
Additional Usage
A Polling place twice a year
10-20
50-0
Weddings -Average of 4/year 80-150
Luncheon meetings of various groups 10/year 50-90
Conference -Average of 4/year 50-90
Girl Scouts 10-20
Community event/Fundraising -Average of 1/month 50-90
Community summer programs for seniors, youth, children 50-90
1-13
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LUTHERAN CHURCH '
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