102-1. Use Permit Draft Resolution.pdf
U-2010-02
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 DAY CARE CENTER AT AN EXISTING 5,600 SQUARE
FOOT COMMERCIAL BUILING LOCATED AT 10070 IMPERIAL AVENUE
SECTION I: PROJECT DESCRIPTION
Application No.: U-2010-02
Applicant/property owner: Tony Chen and Yunjian Zou (O-Mei Taichi Culture Academy), Charles
Chan
Location: 10070 Imperial Avenue (APN: 357 17 066)
SECTION II: FINDINGS FOR USE PERMIT:
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 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,:
1.The application for a Use Permit, Application no. U-2010-02 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 U-2010-02 as set forth in the
Minutes of Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though
fully set forth herein.
Resolution No.U-2010-02 June 14, 2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.APPROVED EXHIBITS
This approval is based on Exhibits titled “Revised Business Plan” prepared by the applicant
consisting of five pages; “OMei Learning Center Conditional Use Permit, 10070 Imperial Avenue,
Cupertino, CA 95014,” prepared by Arun Shah and Associates dated July 8, 2010 with revision dates
of March 9, 2011 and May 24, 2011 consisting of 8 pages; “OMei Learning Center Landscape Plan,
10070 Imperial Avenue, Cupertino, CA,” prepared by W. Jeffrey Heid dated January 26, 2011 and
consisting of one page; and “Untitled Lighting Plan,” prepared by Elite Energies, Inc. consisting of
one page, except as may be amended by the Conditions contained in this Resolution.
2.DEVELOPMENT APPROVAL
Approval is granted for a child care facility with 40 total enrolled children. Any changes in the
operation parameters outside of this approval must be reviewed and approved by the City.
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).
In the event that a pre-school is opened, when children younger than four (4) years nine (9) months
are enrolled, and/or if the business loses its Hertiage School Designation, the business owner shall
obtain the proper licensing from the State of California Community Care Licensing Division and
notify the City Planning Division.
3.CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TR-2011-09 shall be applicable to this approval.
4.DRIVEWAY WIDENING
Prior to final occupancy of the day care, the applicant shall widen the driveway along Imperial
Avenue to at least 22 feet, which includes, but not limited to removing power poles and/or street
lights.
5.TOTAL AVAILABLE PARKING
The site shall provide a minimum of 13 available parking stalls. The stalls perpendicular to the play
area shall be reserved for pick up and drop off with appropriate signage.
6.CHILD PICK-UP AND DROP-OFF PLAN
In order to ensure the safety of children and vehicle movements during the pick-up and drop-off
periods of the day care, the applicant shall submit a children pick-up and drop-off plan to the City
for review and approval prior to the release of final occupancy. Such plan shall delineate general
pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot
striping (as needed) and parking lot safety measures to include a traffic safety conductor be present
in the parking lot to monitor and direct all vehicular activities during pick up and drop off times.
In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised
plan to the City for approval.
7.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.
Resolution No.U-2010-02 June 14, 2011
8.FINAL TRASH ENCLOSURE LOCATION
The trash enclosure shall be relocated to the southeast corner of the building in order to be
minimally visible from public view.
9.FINAL SITE LIGHTING PLAN
All new lighting must conform to the standards in the General Commercial (CG) Ordinance, and the
final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance.
10.FINAL LANDSCAPE PLAN
Prior to issuance of building permits, the applicant shall submit a finallandscaping planin
conformance with the City’s Landscape Ordinance (Chapter 14.15). If the landscaping area (defined
by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required prior to issuance of building permits.
11.FINAL FENCING DESIGN
The final play area fencing design shall be subject to the approval of the Community Development
Director prior to issuance of building permits.
12.BUSINESS LICENSE
Prior to final occupancy, the business owner shall update the information provided on the City
business license to include day care/after school uses.
13.EXPIRATIONDATE
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.
14.RECYCLING OF DEMOLISHED BUILDING MATERIALS
A condition will be added to require recycling of demolished building materials to the maximum
extent possible.
15.CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits.
16.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 the conditional use
permit have not been implemented, or where the permit is being conducted in a manner detrimental
to the public health, safety, and welfare, in accord with the requirements of Chapter 19.124.
17.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.
Resolution No.U-2010-02 June 14, 2011
SECTION IV: CONDITIONS ADMINISTERED BY THE BUILDING DIVISION
1.ACCESSIBLE PATH OF TRAVEL
An accessible primary path of travel shall be shown from each accessible parking stall to an
accessible entrance into the building.
2.EXITING
Two reasonably separated exits are required from the outdoor play area equipped with panic
hardware.
SECTION V: 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.
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.
Resolution No.U-2010-02 June 14, 2011
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
a.Fees:
b.a. Checking & Inspection Fees: $ Per current fee schedule ($2,468.00 or 5%)
c.b. Grading Permit: $ Per current fee schedule ($2,217.00 or 5%)
d.c. Development Maintenance Deposit: $ 1,000.00
e.d. Storm Drainage Fee: $ TBD
f.e. Power Cost: **
g.f. Map Checking Fees: $ Per current fee schedule (N/A)
h.g. Park Fees: $ Per current fee schedule (N/A)
i.h. Street Tree By Developer
j.** Based on the latest effective PG&E rate schedule approved by the PUC
k.Bonds:
l.Faithful Performance Bond: 100% of Off-site and On-site Improvements
m.Labor & Material Bond: 100% of Off-site and On-site Improvement
n.On-site Grading Bond: 100% of site improvements.
o.-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
Resolution No.U-2010-02 June 14, 2011
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
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
16.TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
17.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.
18.REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
19.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.
20.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
21.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.
22.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
23.SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval before issuance of a building permit approval.
Resolution No.U-2010-02 June 14, 2011
24.DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with San Jose Water Company for water service to the subject
development.
25.SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
26.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.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1.INTERIOR REMODEL
A review by the County Fire Department of any such interior remodel construction is required.
2.INSPECTION
The County Fire Department shall inspect the premises for compliance with applicable State
requirements.
SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
3.SANITARY SEWER SYSTEM
Sanitary sewer is currently available for the subject parcel.
4.IMPROVEMENT PLANS
Improvement plans shall be submitted to the District for review and comments.
5.FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
PASSED AND ADOPTED this 14th day of June, 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