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1-U-96a Q City of Cupertino 10300 Torre Avenue, Cupertino, CA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application- 1-U-96(M) Agenda late: May 25, 2000 Applicant: Yew -Lee Lim Property Owner. Vanessa S. Lam Property Location: 7552 Shadowhill Lane Project Data. General Plan Designation: Zoning Designation: Building Size. Parcel Size: Lot coverage Project consistent with: Environmental Assessment: Residential Low 1-5 DU/acre R1-6 1,300 square feet 6,500 square feet 22% General Plan: Yes Zoning: Yes Categorically Exempt Application Summary: Extension of a conditional use permit allowing a large family daycare facility in a single-family residential zone. A conditional use permit was issued by the -Director of Community Development in February 1996, which is required for this application since it within 300 feet of another large family daycare center. Recommendation. Staff recommends the Community Development Director approve the extension of use permit 1- U-96(m) per conditions of the attached model resolution. BACKGROUND: The subject property is located southeast of the Shadowhill Lane and Candlelight Way intersection, across the street from Three Oaks Park. The property, surrounded by single-family residential properties, consists of a 1,300 square foot single-family home on a 6,050 square foot parcel. DISCUSSION: Extension of Use Permit: In February 1996, the Director of Community Development approved a use permit for a large family daycare center at the applicant's home. However, the use permit was granted for a four- year period .because of neighborhood concerns. In order to continue the daycare activity, the applicant has requested an extension of the use permit. During the four-year period, the Planning Department has not received any complaints regarding the large family daycare. Parking and Circulation: Parking requirements for a R-1 zone are four spaces per dwelling unit two covered, and two open spaces. In addition to the R-1 parking requirements, large family daycare centers must have a minimum of one space per nonresident employee and one space for child drop-off. These additional parking spaces may be located on the street in front of the subject home. There is sufficient lot frontage to accommodate the parking space for the part-time employee and the child drop-off space. Impact on Residential Area: The subject home is located within 300 feet of another large family daycare home, which is located approximately 250 feet to the southeast of the applicant on Rainbow Drive. Exhibit A shows the proximity of the two large family daycare homes. Enclosures: Model Resolution Site plan Exhibit A: Map of large family day care homes in vicinity of applicant Prepared by: Vera Gil, Planner II E 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 CITY OF FAX (408) 777-3333 10 CUPE QTHN Community Development Department May 26, 2000 Yew -Lee Lim 7552 Shadowhill Lane Cupertino, CA 95014 SUBJECT: DIRECTOR OF COMMUNITY DEVELOPMENT ACTION LETTER 1-U-96 (M) , This letter confirms the decision of the Director of Community Development, given at the meeting of May 25, 2000, approving an extension of a use permit to locate,a large family day care home in an existing single family home in an R-1 zoning district, according to the enclosed copy of the Director of Community Development Resolution No. 17. Please be. aware that an appeal of this decision can be made within 14, calendar days of the decision. If this occurs, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, Vera Gil Planner IL c: Vanessa Lam' Enclosure Resolution No. 17 1-U-96(M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF CUPERTINO APPROVING AN EXTENTSION OF A USE PERMIT TO LOCATE A LARGE FAMILY DAY CARE HOME IN AN EXISTING SINGLE FAMILY HOME IN A R-1 ZONING DISTRICT AT 7552 SHADOWHILL LANE SECTION I: FINDINGS WHEREAS, the Community Development Director of the City of Cupertino received an application for a Use Permit, as described on Section II of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Director of Community Development has held one or more Public Hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support this application, and has satisfied the following requirements: 1. 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; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved by the Director of Community Development of the City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution, are . based and contained in the Public Hearing record concerning Application 1-U-96(M) set forth in the Minutes of the Director's Meeting of, May 25, 2000 and are incorporated by reference though fully set forth herein. Model Resolution 1-U-96(M) May 25, 2000 Page-2- SECTI0N II: PROJECT DESCRIPTION Application No.: 1-U-96(M) Applicant: Yew -Lee Lim Property Owner: Vanessa Lam Location: 7552 Shadowhill Lane SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. COMPLIANCE WITH STATE REGULATIONS: This facility must be registered with the appropriate departments of the State of California dealing with large family daycare homes and must comply with all appropriate state and local health and safety regulations pertaining to large family daycare homes. PASSED AND ADOPTED this 25" day of May, 2000, at a Meeting of the Director of Community Development of the City of Cupertino, State of California. APPROVED: Steve Piasecki Director of Community Development G:\Planning\RES\res 1-U-96(M).doc �esac� NY 6' 0,7' jr 51 3 c 20' 11 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: 1-U-96 Applicant- Yew -Lee Lim Property Owner: Vanessa S. Lam Property Location: 7552 Shadowhill Ln. Project Data: General Plain Designation: Residential Low 1-5 D.U./Gr. Ac. Zoning Designation: R1-6 Building square footage: 1,300 square feet Parcel Snze: ^ 6,050 square feet Lot Coverage (Percentage): 22% Project Consistency with: General Plan: Yes Zoning: Yes Environmental Assessment: Categorically Exempt Applications Summary: Conditional Use Permit 1-U-96, is an application to allow a large family day-care facility (seven to twelve children) in a single-family residential area. A Conditional Use Permit issued by the Director of Community Development is required for this applicant because it does not meet the criteria for a permitted use, since it is within 300-feet of another large family day-care center. BACKGROUND: The property is located southeast of the intersection of Shadowhill Lane and Candlelight Tay, across the 'street from Three Oaks Park. The lot consists of a single family home of 1,300 square feet on a 6,050 square foot lot. The uses surrounding the property are single family residential. DISCUSSION: Parking and Circulation Parking requirements for a R-1 zone are four spaces per dwelling unit (two in garage and two open spaces). Furthermore, large -family day ,care home facilities must have a minimum of one parking space per nonresident employee and one space for child drop- off must also be available. These additional parking spaces may be on the street. This facility will have one part-time employee who will work from 9:00 a.m. to 12:00 P.M. The lot is 57 feet wide. Subtracting the width of the driveway, there is 45 feet of lot frontage which is sufficient to meet the parking requirement for the large family day care home. There are no parking restrictions on the street frontage, such as a fire hydrant;_ that would preclude parking. Impact on Residential Area The site is within 300 feet of another large family -day care home which is located to the southeast of the applicant on Rainbow Drive. Exhibit A shows the proximity of the two large family day-care homes. The day-care home on Rainbow Driveisnot located on the same street as the applicant's and is under the 300 foot boundary at approximately 250 I eet. The applicant has stated that she will have the children play across the street at Three Oaks Park, rather than at her home in the afternoon, although this would not be possible in inclement weather and is not enforceable in any case. Also, to control future use of the site as a large family day care home, both the landlord and the tenant agree that the use permit shall have a time period of four years from the date of approval. Should the present or any future tenant desire to continue operating this conditional use permit beyond its time limit, it must be renewed before a public hearing. RECOMMENDATION - Staff recommends that the Community Development Director approve application no. 1-U-96. Enclosures: Site plan of residence (7552 Shadowhill Lane) Exhibit A: Map of Large Day Homes Letter from Mr. Richard C. Johnson Letter of acceptance of four-year time limit for use permit Letters of support for 1-U-96 from adjacent residents Prepared by: Tom Miles, Planning Intern G:/Planning/I-U=96.Doc 24 i 362 30��° OFFICE OF COMITY ASSESSOR - SAUTA CLAfl4 COUNTY. 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CREsr cr. PdoB Da Dd la g PdDO rOBP ob.gB BAdad a9 �8A BAYIB OY D tD�__B pppa Ill .. �I 13`'Slo I� 8 f� / 9E . ( 9'6 1 9� 4 ss ijj.:9P Ia 26� lI�;yR'I"lil^sl e I 1 '., a P E C E I V E 0 1 2 1 4 I 3 I G i 1 1 Al ao & so j aaoo ne:Aa Ail - ` • ... ..... . L o -. .. 4 S8 T . ••• - � ®' � a 111•: , �o i J II L — fl 1992 18 � s 0 � a—""Q.aI y�- -�- ;P4DP POBD Pd rJ 80 r 8— DD8/ 1• e TRACT Ng IT813 - SPRINGAROEN I1H. NIlDRIVE 1 ____ RAINBOW �I lei IZ PRIt.4iR SE �i�ofl m :166 WAY 1 Trident Logical Systems - (408) 966-3):_z00 - Created Wednesday, February 14, 1996 AN - Page I of I Richard C. Johnson 7542 Shadowhill Lane Cupertino, CA 95014 (4 08) 973-8883 Tom Wiles Planning Intern City of Cupertino 10300 Torres Avenue Cupertino, CA 95014 Dear Mr. Wiles: February. 15, 1996 This letter is to confirm the information provided to you at our conference on February 12, 1996, in the matter of a use permit for a large family day care center at the house next door to me. You may reach me at work at (408) 577-8236 or at home at the number above in the evenings. Please send me notice of any hearings or meetings in this matter which the City of Cupertino and the planning agency hold. My sole objection to the granting of the use permit is that the use permit will attach to the property instead of the current tenant of the house, Mrs. Lee. At the meeting, she and I agreed that she would voluntarily request that the use permit expire with her tenancy of the house; you ,agreed to investigate whether state law would permit this as a limitation on the granting of a use permit. Mrs. Lee has an excellent operation. I have visited it during her hours of operation, and it is neat, clean, orderly, well -supervised, and the children seem happy and busy with organized activities. In short, this is an exemplary day care center. I have no desire whatsoever to impede Mrs. Lee in operating her day care center. Rather, I wish to have any successor, whether a new owner of the property or a new tenant, to have to apply again for a use permit on their own merits. I feel strongly about this, and I have problems imagining that the City of Cupertino cannot accommodate this wish given that Mrs. Lee, the owners of the property, and I agree. I will look forward to hearing from you. Sincerely yours, Richard C. Johnson (Sent from computer fax= -no holographic signature feasible) February 19, 1996 City of Cupertino Community Development Director 10300 Torre Avenue Cupertino, CA 95014 Re: Application for Use Permit for Large Family Day Care Home 7552 Shadowhill Lane Dear Sir, I have recently filed an application for a use permit for a large family day care home at 75521 Shadowhill Lane. I plan to use the property for four (4) years as a day care home. If I move away from this property before the end of the four year time period, I agree to voluntarily surrender my use permit back to the City. I understand that if I do not use the property as a day care home for a period of two years as described in Chapter 19.124,100.C, the use permit will become null and void. Please contact me if you have any questions. Sincerely, Yew Lee Lim Agreed by Property Owner, f Vanessa Lam Date:�y� jy� Slew -Hock Lau Pee-Wah Lau 7564 Shadowhill Lane Cupertino, CA95014 Feb.20th,1996 City of Cupertino Community Development Director 10300 Torre Avenue Cupertino, CA 95014 Re: Application for Use Permit for Large Family Day Care Home 7552 Shadowhill Lane Dear Sir, This letter is written regarding Yew Lee Lim's application for a large family day care home at 7552 Shadowhill Lane. We are writing this letter to. support the application. We feel that the neighborhood can benefit from a day care home. During daytime hours, the neighborhood can often be too quiet and somewhat deserted. Having an active home with neighbors we.know and are comfortable with makes the neighborhood a more lively, friendly place to live in. We know the applicant personally and find her to be responsible and dedicated. We are pleased to support her. Very truly yours, I_ Slew -Hock Lau 0 Martha Kar Lai Chan Margaret Chan Ching -Po Chin 1173 Candlelight Way, Cupertino, Ca 95014 (408) 446-3625 2/20/96 City of Cupertino Community Development Director 10300 Torre Avenue Cupertino, Ca 95014 Dear Sir, This Letter is to confirm my support for Yew -Lee Lim's application for obtaining a permit to offer a large family day care home at 7552 Shadowhill Lane. As education is the most important intake for the growth of children, I truly think that having a Montessorri enviornment home care offered.by Mrs. Lim in my neighborhood would only promote positive image and better the quality of life around us. I often feel proud that we are part of the neighborhood that prepares and establishes hope for the future. Sincerely, I Martha Chan argai t Chan hing-Po thin CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3297 To: Chairman and Planning Commissioners Mayor and City Councilmembers From: Robert Cowan, Director of Community Development Date: February 29, 1996 Subj: REPORT OF THE REGULAR MEETING OF THE DIRECTOR OF COMMUNITY DEVELOPMENT Chapter 19.29 of the Cupertino Municipal Code provides for approval of variances by the Director of Community Development. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmember or Planning Commissioner to appeal the decision within fourteen (14) days of the decision. Anlicationn Application 1-U-96 - Yew -Lee Lint, 7552 Shadowhill Lane. Description Conditional Use Permit to allow a large family day-care facility (seven to twelve children) in a single- family residential area. Action The Director of Community Development approved the use permit per the findings in Resolution.No. l l . Approval is effective February 29, 1996. The fourteen (14) calendar day appeal period will expire on March 12, 1996. Enclosures: Resolution No. 11 Staff Report of February 29, 1996 Site Plan of Residence (7552 Shadowhill Lane) Exhibit A: Map of barge Day Domes Letter from Mr. Richard C. Johnson Letter of acceptance of four-year time limit for use permit Letters of support for 1-U-96 from adjacent residents