101-Staff Report.pdf
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AA 95014-3255
(408) 777--planning@cupertino.org
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5 Agenda Date: June 14, 2011
Applications: U-2010-02, TR-2011-09
Applicant/Owner: Tony Chen and Yunjian Zou (O-Mei Taichi Culture Academy)/Charles Chan
Property Location: 10070 Imperial Avenue (APN 357-17-066)
APPLICATION SUMMARY:
1.Use Permit (U-2010-02) to allow a day care center with an after-school learning program at an
existing 5,600 square foot office building.
2.Tree Removal Permit (TR-2011-09) to allow the removal and replacement of three (3) trees.
RECOMMENDATION:
Staff recommends that the Planning Commission:
Approve the Use Permit (U-2010-02) and Tree Removal Permit (TR-2011-09) in accordance with the draft
resolutions.
PROJECT DATA:
General Plan Designation Neighborhood Commercial/Residential
Zoning Designation P (CN, ML, Res 4-12 DU/AC)- Planned Development with
Neighborhood Commercial, Light Industrial, and Residential
uses between 4 and 12 dwelling units per acre
Environmental Assessment Categorically Exempt
Lot Size
16,900 square feet (.39 acres)
Existing Building Area 5,600 square feet
Proposed Building Area None
Existing Parking Stalls 9
Required/ProvidedParking 7 required, 13 provided
Stalls
Existing height 14 feet 6 inches
Proposed number of children 40
Proposed number of staff 4
Proposed hours of operation 12pm to 6:30pm (regular); 8:30am to 6:30pm (Summer)
BACKGROUND:
The project site is located at 10070 Imperial Avenue at the eastern terminus of Granada Avenue. The
previous use at the site included offices for Comcast. The building was designed as an office building
and built under the jurisdiction of Santa Clara County and annexed into the City in 1980. There are
general commercial uses to the north; the Astoria condominiums to the south; single-family housing and
automotive repair uses to the west; and the Union Pacific railroad tracks to the east. See the vicinity
aerial below:
U-2010-02, TR-2011-09O-Mei Taichi Culture AcademyJune 14, 2011
UPRR
UPRR
Commercial uses
Auto repair
Project site
GranadaAvenue
GranadaAvenue
Astoria
HOA
Single-family housing
Since 2009, the applicant has occupiedthe entire building witha martial arts academy and a dance
studio.The applicant proposes tocontinuethe existing uses and expand their operation to facilitate a
day care/after-school program serving up to 40 children.
The applicant has obtained approval through the State Departmentof Education to operate a heritage
school. Heritage schools offer education or academic tutoring, or both, in a foreign language; offer
education on the culture, traditions, or history of a country other than the United States;and offer
culturally enriching activities based on the culture or customs of a country other than the United States.
Per state law, heritage schoolsare not subject to State Department of Social Services Licensing
Requirements, provided that no children are less than 4 years 9 months old.The State Department of
Social Services confirmed that the day careis not subject to their licensing requirements.
DISCUSSION:
The child careprovider, O-Mei Taichi Culture Academy, provides the following operational information
about their operations(Attachment 3):
Day Care/After School Programs:
Daysof operation: Monday through
Hours of operation: 12pm to 6pm(8:30am to 6:30pm during Summer hours)
Maximum Capacity: 40children (ages -4 years 9 months to 12years)
No. of classrooms:4
Childcare Staff: 4(one staff per classroom; one staff for every 10 children)
U-2010-02, TR-2011-09 O-Mei Taichi Culture Academy June 14, 2011
Pick-Up, Drop-Off, and Driveway Widening
The applicant has reserved and will provide
appropriate signage for five (5) onsite spaces for pick-
up and drop-off. The spaces are perpendicular to a new
four (4) foot wide walkway that will lead parents and
children safely to the building entrance. Wheel stops
16’
16’
are also proposed to limit vehicles from overhanging
the walkway. Drop-off times are scheduled from 12-
12:20pm and pick-up times are scheduled from 6-
6:30pm.
Currently, the site is accessed by one existing non-
conforming 16-foot wide driveway entrance from
Imperial Avenue. The project is required to widen this
Existing 16’ wide two-way driveway
driveway to 22 feet, including the potential of having to
relocate and/or modify any adjacent ancillary utility structures, in order to comply with the City’s
current standards and to ensure safe passage between vehicles entering and exiting the parking lot. The
existing driveway chain link fence is also proposed for removal to allow more vehicle turning radii.
Directional signage will direct parents to the pick-up/drop-off area. The final site plan shall be
submitted to the City for review and approval prior to issuance of building permits.
Parking
The City’s Parking Ordinance requires seven (7) onsite parking spaces (1 space per 6.5 children) based on
the proposed number of children at the facility. The applicant proposes to provide 13 onsite parking
spaces to accommodate pick-up and drop-off and staff parking. All new onsite spaces meet City
requirements. There are also eight (8) diagonal on-street parking spaces directly in front of the building
near the main entrance. The site is located within an area identified by the General Plan where property
owners can obtain credit for on-street parking spaces.
Site Improvements
As part of this application, the applicant is proposing to install the following site improvements on the
existing paved area to the side and rear of the building:
Re-oriented parking lot with associated landscaping buffers and lighting
City-standard trash enclosure
1,740 square foot uncovered, fenced-in play area (no play structures proposed)
Play area walkway
The site improvements are consistent with the City’s Parking Ordinance and Trash Enclosure
Guidelines.
Tree Removals and Replacements
currently located in place of a new parking lot
landscape buffer. The project arborist evaluated the trees with the proposed project and recommended
removal since the construction would negatively impact the trees (see Attachment 4). The small diameter
trees are proposed to be replaced with three new 24-inch box trees. In addition, several screening shrubs
are proposed to be planted to provide additional screening along the property lines.
Noise Considerations
A noise study was conducted by professional acoustical engineer, Stan Shelly, to evaluate any potential
noise impacts from the proposed indoor day care and outdoor play area (see Attachment 5). The site is
U-2010-02, TR-2011-09 O-Mei Taichi Culture Academy June 14, 2011
bordered to the east and west by a six (6) foot tall redwood fence on top of a two (2) foot high concrete
masonry wall. The nearest sensitive receptors are the Astoria condominiums to the south (75 feet away)
and several single family homes to the west (70 feet away).
Potentially noisy activities associated with the project are in the outdoor play area behind the building.
There are two play times scheduled a day from 4:30 to 5:05pm. There will be two groups of 20 children
out at 15 minutes a time (see Attachment 6). The noise study concluded that given the existing ambient
noise level and the presence of the existing eight (8) foot tall fence, the project is not anticipated to
generate significant noise impacts and is within the allowable maximum allowed noise levels. In addition,
potential noise impacts from indoors would be negligible due to the noise attenuation by the walls and
windows of the building.
Public Outreach
The City sent notices to property owners within 500 feet of the project on June 3, 2011. The applicant
personally delivered unofficial notices to property owners within 300 feet of the project site. Notices
were mailed to those without physical addresses and to those living outside the City. As of the date of
staff report production, no public comments have been received by the Planning Division.
Interagency and Environmental Review
Comments from Other Departments
reviewed the project and have no objections. Their comments have been included as conditions of
approval.
Environmental Assessment
The project is categorically exempt from the California Environmental Quality Act (CEQA) per section
15301 (Existing facilities) of the CEQA Guidelines.
Prepared by: George Schroeder, Assistant Planner
Reviewed by: Approved by:
/s/Gary Chao /s/Aarti Shrivastava
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1.Draft Resolution for Use Permit
2.Draft Resolution for Tree Removal Permit
3.O-Mei Taichi Culture Academy Business Plan
4.Consulting Arborist Report by Deborah Ellis dated December 3, 2010
5.Noise Impact and Mitigation Study by Stan Shelly dated August 13, 2010
6.Outdoor Play Area Schedule
7.Plan Set
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