101-Staff Report.pdf
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
CUPERTINO, CA 95014-3255
(408) 777--planning@cupertino.org
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 1 Agenda Date: April 26, 2011
Application: U-2011-04, ASA-2011-05, EXC-2011-04, EA-2011-04
Applicant/Owner: Karl Shultz, Lili Zhu and Louis Tseng (Sunflower Learning
Cener)/Nicholas Speno
Property Location: 18900 Stevens Creek Boulevard
Application Summary:
1.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. The
application also includes a new outdoor play area in the existing rear parking lot.
2.ARCHITECTURAL AND SITE APPROVAL for minor façade, landscaping and parking lot
modifications for an existing commercial office building.
3.EXCEPTION to the Heart of the City Specific Plan to allow non-commercial uses (a child
care facility) to exceed 25% of the total building frontage along Stevens Creek Boulevard.
RECOMMENDATION
Staff recommends that the Planning Commission approve:
1.Mitigated Negative Declaration, EA-2011-04
2.Use Permit application, U-2011-04
3.Architectural and Site Approval application, ASA-2011-05, and
4.Exception to the Heart of the City Specific Plan, EXC-2011-04,
per the model resolutions (Attachments 1, 2 and 3)
Project Data:
General Plan Designation: Commercial/Office/Residential
Zoning Designation: P (Mixed Use Planned Development)
Specific Plan: Heart of the City
Acreage (Net): 0.568 (25,515 square feet)
Building SF: 8,999 square feet
Building Height: 29 ft 6 in. (two-story)
Floor Area Ratio: 35.3%
Parking required: 27 spaces (including 3 vans)
Parking proposed: 24 spaces (not including 3 vans to be parked in off-
site location owned and operated by applicant)
Project Consistency with:
General Plan: Yes
Zoning: No
Environmental Assessment: Mitigated Negative Declaration
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 2
BACKGROUND:
The project site is located at 19800 Stevens Creek Boulevard at the southwest corner of the
intersection of Stevens Creek Boulevard and Stern Avenue. The site is located on the eastern
edge of the city and surrounded by the City of Santa Clara to the north and the City of San Jose
to the east. The previous uses at the site included 100% medical and professional offices. The
building was designed as an office building and built in San Jose. The property was annexed
into the City in 1983. There are hotel and office uses to the north, a gas station and a 7-11 store
to the east, single family residences and a daycare to the west and other single family residences
to the south.
Hotel
IHOP
Proposed
Child Care
City of Santa Clara
City of Cupertino
10010
1903019028 200
City of San Jose
100
303
C201302
AD320
B2
5696
Homes
203
220
Gas
202
103
120
103
102304
1
23319
10024
10011
301
204
219
station
201
104
119
318
101
305
218
205
118
105
317
Existing
306
10038
10037 217
206
312
10038 311
117
106
212316
211
307
Child Care
216
112
111
207
116
309107
310
308
31
315
209
210
208
215
21
110109
108
115
10053 114
10052
10052
7-11
10058
10057
Homes
385
604605
603
285
505
504
503
185
403404405
10069
386
10065
10066
Proposed
606
10066
602
601
286
506
B
502
501
186
A
406
402401
Play Areas
387
607
507
287
10080
407187
388
10081
The applicant proposes to occupy the entire 8,999-square foot building, with a pre-school and
after-school uses that will serve up to 142 children. The applicant currently operates an after-
school childcare at 19220 Stevens Creek Boulevard that has been in business since 2006. The
enrollment capacity at that location is 130 school-age children. The applicant is proposing to
expand his business by operating both the after-school care at 19220 Stevens Creek Boulevard
and the operations at 18900 Stevens Creek Boulevard.
DISCUSSION:
The child care provider, Sunflower Learning Center, provides the following operational
information about their operations (Attachment 4):
Pre-school:
Days of operation:
Hours of operation: 8:30 a.m. – 6:30 p.m.
Maximum Capacity: 70 children (2yrs 9 months to 4 yrs 9 months)
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 3
No. of classrooms: 3
Childcare Staff: 6 (based on community care licensing requirements -
1 teacher for every 12 students)
After-school:
Days of operation:
Hours of operation: 2:00 p.m. – 7:00 p.m.
rd
Maximum Capacity: 72 children (3grade and up)
No. of classrooms: 8
Childcare Staff: 6 (at a 1:12 teacher-student ratio)
Traffic:
A traffic impact analysis was prepared by Hexagon Transportation Consultants since the project
is anticipated to generate more than 100 peak hour trips above the previous use in the P.M.
peak hour (between 5:00 p.m. and 6:00 p.m.)(see Attachment 5). The traffic study revealed that
the Stevens Creek Blvd/Stern Avenue intersection currently operates at Level of Service (LOS)
with the proposed project. The study
also noted that the minimum thresholds for installation of a traffic signal would be met with the
proposed project, whereas under existing conditions a traffic signal is not warranted. It should
be noted that the City has no specific criteria with respect to unsignalized intersections and the
Capital Improvement Program does not include funds to signalize this intersection.
Additionally, the full cost of installing a traffic signal would be financially infeasible for the
project applicant to bear.
The low level of service during the PM peak hour is mainly due to excessive vehicle delays by
vehicles attempting to turn left from northbound Stern Avenue onto westbound Stevens Creek
Boulevard. This also creates an unsafe situation with vehicles attempting to make a left-turn by
navigating multiple lanes of traffic on eastbound Stevens Creek Boulevard. Therefore, the
traffic consultant is recommending restricting the traffic movement from northbound Stern
Avenue onto westbound Stevens Creek Boulevard by constructing a median (see illustration
below).
10010
1903019028200
100
303
C201302
ABD2320
5696
203220
202
103
120
103
1102304
23319
10024
10011
301
204
219
201
104
119
318
101
305
218
205
118
105
317
306
10038
10037217
312206
10038311
117
106
212316
211
307
216
112
111
207
116
309107
310
308
31
315
209
210
208
215
21
110109
108
115
1005210053114
10052
10058
10057
385
604605
603
285
505
503504
185
403404405
10069386
10065
10066
606
10066
602
601
286
506
B
502
501186
A406
402401
387
607
507
287
10080
407187
388
10081
Above: Unsafe movement during P.M. peak hour
Right: Mitigation recommended by Traffic Consultant to
prohibit left turn from Stern Ave on to WB Stevens Creek
Boulevard.
This would continue to allow left turns from westbound Stevens Creek Boulevard to
southbound Stern Avenue as well as left-turns into the hotel driveway from eastbound Stevens
Creek Boulevard. Vehicles attempting to go westbound on Stevens Creek Boulevard would
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 4
make a right on eastbound Stevens Creek and a U-turn at the next signalized intersection.
These improvements are consistent with other smaller intersections along arterials such as De
Anza Boulevard and Stevens Creek Boulevard and would reduce intersection delays at the
intersection and mitigate a potentially unsafe situation.
As a condition of the project, the project will fund the median improvements as prescribed by
the traffic consultant. The applicant is aware and agreeable to this condition.
Parking:
The traffic consultant also studied the parking requirements for the proposed project. Based on
analysis of the current operations of the Sunshine Learning Center at 19220 Stevens Creek
Boulevard, it appears that the proposed project will require a total of 27 parking spaces (12 for
student pick-up, 12 for teachers and 3 van parking spaces). The business owns three vans that
pick children up from schools and transport them to the facility.
The applicant proposes to provide 24 parking spaces to accommodate the student pick-up and
the teacher parking and proposes to park the 3 vans at its other business location at 19220
Stevens Creek Boulevard. The applicant also agrees to a condition of approval for this project
that should the other business location shut down, the applicant shall either reduce the business
plan for the pre-school/after-school care to allow for parking of the vans on the site or
demonstrate that there will be no impacts to the parking requirements due to the additional van
parking via a parking survey by an independent consultant. This has been added as a condition
of approval for the development.
Outdoor Play Area
State law requires that daycare centers provide outdoor play areas for children. The applicant
intends to meet the State requirement by providing approximately 2,124 square foot of play area
behind the child care facility close to Stern Avenue (see Attachment 9). The location would
enable the children to use the play area without having to cross the driveway or parking lot.
The play area is set back 57 feet from the residential property line to the west, 71 feet from the
property to the south and 12 feet from the property to the east (see site aerial on page 2 of the
staff report).
The proposed play area will consist of:
One (1) play structure
Rubber tiles around play structure
Six (6) foot metal perimeter fence
Landscaping and curbs near the perimeter fence
A secondary, approximately 450 square feet, play area is being proposed three feet from the
west property line, 157 feet from the south property line, 70 feet from the east and north
property lines. No play structures are proposed in this area.
Additional Site Improvements on the Project Site:
As part of this application, the applicant will be providing additional site improvements
including new trees along the Stevens Creek frontage, landscape planters, enhanced walkways
for ease of drop off and pick up of children, new roof on the trash enclosure and new parking
lot striping. Please refer to the site plan for the detailed list of all of the improvements.
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 5
Noise
A noise impact and mitigation study was conducted by Illingworth and Rodkin, Inc. to evaluate
the potential noise impacts on adjacent properties by the proposed facility (see Attachment 6).
The noise engineer visited Sunflower Learning Center’s existing operations at 19220 Stevens
Creek Boulevard to establish the baseline noise levels. This establishment has 130 children
enrolled. The consultant has also taken into consideration, in his analysis, that there already is
another pre-school located on Bret Avenue.
The primary source of noise from the operation of the facility would be intermittent and brief
from the play areas. With the types of activities typical of child care play areas, the number of
children estimated to be outside at any given time (a maximum of 28 children at one time in the
larger play area and 2 children at one time in the smaller play area) and the distance of these
activities from residential property lines, these activities would be well within the City’s Noise
Ordinance limits, and do not be expected to create any noise impacts in adjacent areas (please
see Attachment 6 for the detailed noise analysis).
Since the General Commercial Zoning Ordinance (19.56.070 (E).d.) requires a minimum 8-foot
high sound wall between commercial and residential properties, the applicant will be increasing
the height of the existing concrete masonry fence from 5 feet 8 inches to 8 feet along the west
and south property lines, which will help provide visual and noise screening to the adjacent
residences. A condition has been added to approve the final design of the wall prior to issuance
of building permits.
Façade
The applicant is making minor façade changes to improve the functionality of the pre-school by
enclosing areas under the open staircase at the rear to make the facility safer and more
controlled. These changes are restricted to the rear of the building.
E XCEPTION TO THE H EART OF THE C ITY:
The applicant is also requesting an exception to the Heart of the City Specific Plan requirement
that no more than 25% of the building frontage along Stevens Creek Boulevard comprise of
non-retail uses. This requirement was instituted with the last update to the Heart of the City
Specific Plan in March 2010. The building was originally designed for office use and the layout
of the building does not make this an ideal location for retail uses. Staff therefore recommends
that the exception to the Heart of the City be granted for this particular building.
P UBLIC O UTREACH:
On April 1, 2011, the applicant mailed out notices to property owners within 300 feet of the
project, inviting them to attend a neighborhood meeting. On April 9, 2011, the applicant hosted
the neighborhood meeting at the Conference Room at the Quinlan Community Center. The
meeting was attended by the applicants, one staff member, and one (1) neighbor. In addition,
staff received phone calls from two neighbors. Comments and concerns are summarized below.
Staff responses to each of the comments and concerns are also included.
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 6
Neighbor Comment/Concerns Staff Responses
Restricting left turn movements out of Stern Avenue
1.Restricting left turns from north
reduces intersection delays and enhances safety.
bound Stern Avenue onto west
bound Stevens Creek
Boulevard is a concern.
The apartment complex in question is located in the City
2.Apartment spill over parking
of San Jose. The street is not designated as a “no parking”
along Stern Avenue
zone.
No operational conflicts are expected and safety is not
3.Traffic and driveway conflicts
compromised. This situation is typical throughout the
with 7-11 across the Stern
city.
Avenue
The new landscaping proposed along Stevens Creek
4.Vehicular visibility concerns
Boulevard is in conformance with the requirements of the
due to new landscaping
Heart of the City Specific Plan. The landscaping proposed
proposed along Stevens Creek
includes trees that will have a higher canopy and will not
Boulevard when turning right
impede the view of cars making turns.
onto Stern Avenue from east
bound Stevens Creek
The City does not own the necessary right-of-way to
5.Concerns with the lack of
construct a sidewalk at that location. If, and when that
sidewalk along Stevens Creek
property is developed, appropriate dedications and
Boulevard to the west of the
public improvements shall be required of the
subject property
developer/owner.
The scope of this project does not include any changes to
6.Existing 6-foot fence along
the property to the west of this property. If, and when
Stevens Creek Boulevard of the
that property is developed, appropriate public
residential neighbor to the west
improvements shall be required of the developer/owner.
The applicant has provided additional pedestrian
7.Maximize pedestrian path
pathways to provide safe access for children during
inside the parking lot
pickup and drop off times.
The intersection improvements will reduce the number of
8.Afternoon sun makes turning
conflicts with the left-turn movement and make it safer.
left on to Stern Avenue from
west bound Stevens Creek
Boulevard a challenge.
9.Concerns about the cumulative The noise analysis did review the cumulative impacts of
noise impacts from proposed the noise generated by the existing pre-school and the
operations and existing pre-proposed operations.
school on Bret Avenue.
10.The operator of the pre-school While, there are restrictions on how close large family
on Bret Avenue raised concerns day care facilities may be located in residential zones to
about economic impacts of the maintain the residential character of the neighborhood,
proximity of another pre-school both the subject property and the other pre-school are
to her business. located in a mixed use planned development zoning
district where commercial, office and residential uses are
allowed. The city does not have any restrictions on the
proximity of pre-schools to each other in this zone.
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 7
E NVIRONMENTAL R EVIEW:
The Environmental Review Committee reviewed the proposed project and the environmental
impacts of the project on April 7, 2011 (see Attachment 7). At that meeting, the Committee
recommended adoption of a Mitigated Negative Declaration for the proposed project
recognizing that the impacts of the project were less than significant with mitigations. A
summary of the proposed mitigation measures for the impacts are attached (see Attachment 8).
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Approved by:
________________________ _________________________________
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1.Model Resolution: Use Permit U-2011-04 (EA-2011-04)
2.Model Resolution: Architectural and Site Approval Permit ASA-2011-05
3.Model Resolution: Exception Permit EXC-2011-05
4.Sunflower Learning Center Operational Information/Business Plan
5.Traffic Impact Analysis dated April 5, 2011 prepared by Hexagon Transportation
Consultants. Inc.
6.Noise Analysis dated March 10, 2011 prepared by Illingsworth & Rodkin, Inc.
7.Initial Study – EA-2011-05
8.Summary of Mitigation Measures for U-2011-04, ASA-2011-05, EXC-2011-04 and EA-2011-04
9.Plan Set
G:\\Planning\\PDREPORT\\pc U reports\\2011ureports\\U-2011-04.docx