102-Attachment 1. draft resolution U-2011-04.pdf
ATTACHMENT 1
U-2011-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A 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 BUILING
LOCATED AT 18900 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2011-04
Applicant: Karl Shultz/Lili Zhu/Louis Tseng (Sunflower Learning Center)
Property Owner: Nicholas Speno
Location: 18900 Stevens Creek Boulevard (APN: 375 11 073)
SECTION II: FINDINGSFOR USE/PLANNED DEVELOPMENTPERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a (Mitigated)
Negative Declaration,
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:
a)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;
b)The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City’s zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning
on PAGE 2 thereof,:
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1.A Mitigated Negative Declaration (file no. EA-2011-04) is hereby adopted; and
2.The application for a Use Permit, Application no. U-2011-04 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.(s) EA-2011-04 and U-
2011-04 as set forth in the Minutes of Planning Commission Meeting of April 26, 2011, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.DEVELOPMENT APPROVAL
Approval is granted for a child care facility with the following capacity:
a)Pre-school: 70 children
b)After-school program: 72 children
The actual capacity of children at the facility maybe further restricted based on Fire Department,
Building Department, CA Department of Social Services, CA Department of Education or other
relevant agencies requirements. Appropriate licensing/registration from the Community Care
Licensing Department and/or other relevant County/State agencies shall be obtained prior to
commencement of the operation.
2.APPROVED EXHIBITS
This approval is based on Exhibits titled “Business Plan” prepared by the applicant consisting of
two pages and “Sunflower Learning Center, New Pre-school & After-school Program Facility,
18900 Stevens Creek Boulevard, Cupertino, CA” prepared by Shultz and Associates dated 4-15-
2011 consisting of pages A0.1, A1.0, A1.1, PL, A1.2, A2.0, A2.1, A4.1 and 1 of 1, 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.
3.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 Chapter 10.48 of the Cupertino Municipal Code.
4.EXPIRY DATE
If the use for which this conditional use permit is granted and utilized has ceased or has been
suspended for one year or more, this permit shall be deemed expired and a new use permit
application must be applied for and obtained.
5.TOTAL AVAILABLE PARKING
Parking for vans owned and operated for the benefit of this facility is not approved with this
project. The applicant shall park these vans at the facility at 19220 Stevens Creek Boulevard.
In the event, operations at 19220 Stevens Creek Boulevard cease or relocate and the applicant
would like accommodate parking of these vans at 18900 Stevens Creek Boulevard, the applicant
has the following options with the approval of a Director’s Minor Modification:
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a) Modify the business plan to reduce required parking to allow the vans to be parked on site,
b) Demonstrate to the City that the parking of the vans on site does not affect the parking
requirements for the operations via a parking study by an independent traffic/parking
consultant.
6.RECYCLING OF DEMOLISHED BUILDING MATERIALS
A condition will be added to require recycling of demolished building materials to the maximum
extent possible.
7.UTILITY STRUCTURES
All new utility structures will be required to be located underground or screened from public
view.
8.SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
9.REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of a planned
development permit, conditional use permit or variance have not been implemented, or where
the permit or variance is being conducted in a manner detrimental to the public health, safety,
and welfare, in accord with the requirements of Chapter 19.124.
10.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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1.STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2.CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
3.STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
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4.GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
5.DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes, retention systems or other approved systems and improvements) as necessary to
avoid an increase of one percent flood water surface elevation of the culvert to the satisfaction of
the City Engineer.
6.UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to
prior approval of the affected Utility provider and the City Engineer.
7.BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City’s requirements to the
satisfaction of the City Engineer.
8.IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement 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
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,217.00 or 5%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $ Per current fee schedule (N/A)
g. Park Fees: $ Per current fee schedule (N/A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
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-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 event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
9.TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipment is not
visible from public street areas. The transformer shall not be located in the front or side building
setback area.
10.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.
11.NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation
of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management
Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance.
12.C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The developer shall reserve
a minimum of 4% of developable surface area for the placement of low impact development
measures, for storm water treatment, on the tentative map, unless an alternative storm water
treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
13.EROSION CONTROL PLAN
The developer 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.
14.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.
15.OPERATIONS & MAINTENANCE AGREEMENT
The 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
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appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
16.TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved
by the City. The plan shall include a temporary traffic control plan for work in the right of way as
well as a routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping
work throughout the City.
17.TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18.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.
19.REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
20.STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
21.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
22.SANTA CLARA COUNTY 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.
23.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
24.SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before issuance of a building permit. The developer
shall pay for and obtain Water District permit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
25.CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before issuance of a building permit.
26.SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
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27.UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, PacBell,
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
28.MEDIAN EXTENTION ON STEVENS CREEK BOULEVARD AT STERN AVENUE
The Developer is required to install a median extension along Stevens Creek Blvd at the Stern
Avenue intersection to prohibit left turns from Stern Avenue onto Stevens Creek Boulevard. The
layout and installation shall be done to the satisfaction of the City Engineer.
SECTION V: CONDITIONS ADMINISTERED BY THE CITY OF SUNNYVALE PUBLIC WORKS
DEPARTMENT
1.SANITARY SEWER SYSTEM
The project site is discharging sanitary sewer to the City of Sunnyvale system, therefore, prior to
City of Cupertino’s building permit issuance, a licensed Civil Engineer or Mechanical Engineer
shall provide a written statement to the City of Sunnyvale, providing an estimated average water
consumption (in gpd) for the proposed use and stating that the he/she has evaluated the existing
sanitary sewer lateral and main pipe on Stern Avenue and determined that there is no adverse
impact to the existing Sunnyvale sanitary sewer system (or; there is a small incremental impact to
the existing Sunnyvale sanitary sewer system but would not trigger any system upgrades; or
there is incremental impact to the existing Sunnyvale sanitary sewer system and improvements
for upgrades are subject to City of Sunnyvale review and approval).
PASSED AND ADOPTED this 26th day of April, 2011, 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:
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Cupertino Planning Commission
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