101-Draft Minutes 8-13-2013.pdfCITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO PLANNING COMMISSION
DRAFT MINUTES
6:45 P.M. August 13, 2013 TUESDAY
CUPERTINO COMMUNITY HALL
The regular Planning Commission meeting of August 13, 2013 was called to order at 6:45 p.m. in the
Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA. by Chair Don Sun.
SALUTE TO THE FLAG
.
ROLL CALL
Commissioners present: Chairperson: Don Sun
Commissioner: Margaret Gong
Commissioner: Winnie Lee
Commissioner: Alan Takahashi
Commissioners absent: Vice Chairperson: Paul Brophy
Staff present City Planner: Gary Chao
Assistant Planner: George Schroeder
City Attorney: Melissa Tronquet
APPROVAL OF MINUTES:
1. Minutes of the May 28, 2013 Planning Commission meeting:
MOTION: Motion by Com. Gong, second by Com. Takahashi, and carried 4-0-0; Vice Chair
Brophy absent; to approve the May 28, 2013 Planning Commission minutes as
presented.
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARING:
2. U-2013-07 Conditional Use Permit to convert a two-story office building into
David Perng child care use. Planning Commission decision final unless appealed.
Organization of Special
Needs Families
21685 Granada Ave.
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George Schroeder, Assistant Planner, presented the staff report:
• Reviewed the application for a conditional use permit to convert a two-story office building into
child care use, as outlined in the staff report. The applicant is the Organization of Special Needs
Families (OSF) which was previously located at St. Jude’s Church on McClellan Road. The
center offers after school enrichment program, an integrated social group and enrichment
program and summer day camp. The child care center will operate with a maximum of 13
children and two onsite employees. He reviewed the existing site and surroundings; proposed
improvements for the outdoor play area, which will be fenced off with a fence and protected from
parking stalls with a walkway; addition of two parking stalls ADA compliant; and the addition of
an ADA ramp. Parking, pick-up and drop-off were also reviewed as well as the outdoor play
area, noise considerations and past use permit requirements.
• The proposed child care use is not anticipated to have significant impacts to the neighborhood;
staff recommends that the Planning Commission approve the project in accordance with the
Resolution. Planning Commission’s decision is final.
Staff answered Commissioners’ questions about the application.
Sandy James, representing the applicant:
• President of the Board of Directors for OSF.
• Complimented staff on their cooperation with the project.
• Explained that the facilities did not house a lot of playground equipment since the children come
to the center in the afternoon after taking part in activities in the early part of the day; their
schedule at the center comprises quiet time, crafts, painting and one-on-one time with staff.
Noise or traffic is not an issue for the program. The summer program is held at other locations
including Blackberry Farm, Library and YMCA; and while the building is used less during the
summer months, the need for the program is critical and important to the community.
David Wade, Co-Founder; Board Member; Designated Project Manager, OSF:
• Said it was difficult finding a suitable location for the center in Cupertino. They worked
diligently to ensure that the project adhered to the city ordinances and guidelines, and they
conducted outreach to the neighbors and the community supported the project.
David Perng, Project Architect:
• Explained that there were two onsite and two offsite parking spaces, including the drop off spaces
which are utilized for short periods of time. In response to Com. Gong’s question about move-in,
Mr. Perng explained that temporary facilities will be needed as they are not able to move into the
new location right away.
Chair Sun opened the public hearing.
Brock Carpenter, Member of St. Jude’s:
• Supported project.
• Commended the families of OSF for their dedication to the special needs children and providing a
much needed facility to serve the needs of the children. He encouraged support of the project.
Eric Seymour, Parent:
• Supports project. Said he had two special needs children and OSF provided his family with
unending support. He encouraged support of the project as it provided an exemplary service to the
families and served the community as a whole. It also allowed the children to be out in the
community and afforded them many opportunities.
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Ming Lu:
• Supports project.
• Son Kevin has had autism for 10 years and is a member of the OSF foundation. He said his son
has made tremendous progress in the last 10 years, and he has seen firsthand how much OSF has
helped the families with special needs children. Having OSF in Cupertino can show the world
they have an organization that provides the valuable asset to the City of Cupertino. He asked for
the Commission’s support in moving the project forward as soon as possible.
Michael Lashen, Owner, Hobies Restaurant:
• Supports the project.
• OSF fulfills a special need for the children. Said the new location fits the need in the commercial
area, and he hoped they would be able to move to the new location as soon as possible.
Rev. Wilma Jakobsen, St. Jude’s Church:
• Supports the project.
• Explained that OSF had to vacate the St. Jude’s facility as St. Jude’s needed the space for
expansion of their own programs and growth. The noise is not a factor and there don’t appear to
be any significant traffic impacts from the facility as parents are coming and going for pick-ups
and drop-offs.
• Said she supports the work done by OSF and was hopeful that the project would be approved.
Om Talajia, resident:
• Said there is a critical need for the type of facility since the church needs the entire facility for
their use. Finding a suitable facility to meet the children’s needs has been difficult. He requested
favorable input on the project.
Chair Sun closed the public hearing.
Com. Lee:
• Asked staff to explain in terms of the parking code, the difference between a specialty school vs.
daycare.
George Schroeder:
• The parking requirement for specialty schools is one space for every four students, plus one for
each staff member; or one for every 250 square feet whichever is more restrictive or requires
more parking. Specialized school is generally in increments under 1-1/2 hours.
• Daycares usually have extended periods of care; parking requirement is one for every 6.5
students.
Gary Chao:
• Specialized schools such as karate, dance studios and certain language and education based have
different sessions where parents are dropping off and picking up children throughout the day. In
theory it is more intense as opposed to daycare which is a completely different category under the
Community Licensing Care Department which is the agency that governs some things in terms of
facility as well as licensing. He said relative to daycare, they do not differentiate between special
needs children or regular daycare.
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Chair Sun:
• Thanked staff for their hard work and Sandy James for her leadership and support of the special
needs children. He said it was evident that community support was high and some neighborhood
outreach has been done. He said his only concern was the traffic, and dropping off of children;
but he felt it had been addressed.
• He urged approval of the project so that the children would have a new home to go to.
Com. Takahashi:
• After reviewing the staff report and a tremendous community support for the center, providing a
key service for the community and keeping that service in Cupertino is a significant positive
element. Staff did a good job of addressing the typical hot points that people are most concerned
about. He did not feel that noise impact of the play area was an issue; and there will only be 13
children which would not create a parking impact.
• The organization is engaged in the community which is a key step toward gaining acceptance.
Said it was a good project and he supported the conditional use permit.
Com. Gong:
• Expressed concern that they were limiting the applicant’s ability to serve an important
community need, going from 19 to 13 and potentially 30 at the other facility. She commended
the applicant for their efforts and the program.
Com. Lee:
• Said it was an excellent organization and an integral part of the community that has done amazing
work the last 10 years. In terms of planning they look to see if it is a good place, look at the
surrounding uses to see if it compatible with surrounding uses. There is a specialty school close
by, and there haven’t been many operational complaints; day care for 13 children is not an
intensive use, which is a positive aspect.
• Staff and the applicant have put in a lot of time and effort with neighborhood outreach, and did
not receive any concerns or emails objecting to the project. Looking at it from a planning
perspective she did not feel it was completely incompatible with the surrounding uses. She said
she supported the project.
Motion: Motion by Com. Takahashi, second by Com. Lee, and unanimously carried 4-0-0, Vice
Chair Brophy absent; to agree with staff findings in terms of Items 1 and 2, and grant
approval of the conditional use permit Application U-2013-07.
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee: No report
Housing Commission: No meeting
Mayor’s Monthly Meeting: No report.
Economic Development Committee: No meeting
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REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
• Gary Chao reported that on July 18, the first of three community workshops was held facilitating
conversations on General Plan amendment process. Staff will summarize and present materials,
input and recommendations received from the community, and post on the city’s website. Next
community meeting will take place in late October.
• The Planning Commissioners’ dinner will take place August 28th.
ADJOURNMENT:
• The meeting was adjourned to the August 27, 2013 meeting at 6:45 p.m.
Respectfully Submitted: ________________________________
Elizabeth Ellis, Recording Secretary