M-2009-03bOFFICE OF THE CITY CLERK
CUPERTINO
June 18, 2009
Suna Lai
20512 Manor Dr.
Saratoga, CA 95070
Joseph Chen
Cupertino Stevens, LLC
1325 Howard Ave, Suite #611
Burlingame, CA 94010
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
Re: Consider a modification to a Use Permit (49-U-87) to allow an approximately 6,670 square
foot preschool & daycare facility to operate at an existing commercial building. The
application also includes a new outdoor play area in a section of the existing rear parking
lot. (Growing Tree Learning Center), Application No. M-2009-03, Suna Lai (Cupertino
Stevens, LLC), 20100 Stevens Creek Blvd., Suite 160, APN 369-03-002
Dear Ms. Lai and Mr. Chen:
At its June 16 meeting, the Cupertino City Council approved your project with the following
additional conditions:
• Daycare/preschool or similar uses, as determined by the Director of Community
Development, shall not be allowed in the remaining portion of the building (where
Chicago Title currently occupies)
• Extend existing curb along the east side of the play yard adjacent to the existing
drive aisle
The Use Permit conditions are as follows unless amended above:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted, titled "Little Tree Bilingual Montessori New
Campus, 20100 Stevens Creek Blvd., Suite 160, Cupertino, CA 95014" consisting of 2
pages numbered, "A1.1"; "Site Plan"; and "A2.1" "Floor Plan", except as may be amended
by the Conditions contained in this Resolution.
49-U=87
June 18, 2009
2. DEVELOPMENT APPROVAL
Approval is granted to operate a 6,670 sq. ft. daycare use/ preschool with a maximum
occupancy of 94 children and 10 employees. The use shall operate between 7:30am and
6:30pm from Monday through Friday. Said use shall be reviewed within the first year of
operation in the event of noise related or traffic complaints. Daycare/preschool or similar
uses, as determined by the Director of Community Development, shall not be allowed in the
remaining portion of the building (where Chicago Title currently occupies).
3. NOISE CONTROL
The noise levels shall not exceed those as listed in Chapter 10.48 of the Cupertino
Municipal Code, unless approved by special exception by the Noise Control Officer. The
applicant may have to conduct future tests to verify they are complying with the ordinance at
the request of the Community Development Director. The Planning Commission may limit
the number of children allowed in the outside play yard.
4. PARKING
The applicant shall provide a minimum of 20 parking spaces in accordance with the
approved site plan.
5. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be required to
submit an application for a sign program and signage prior to installation of any signage on
site. Signage shall conform to the City's Sign Ordinance.
6. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager. Final trash enclosure details shall be reviewed and approved by the
Planning Department prior to issuance of building permits.
7. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building permits.
Said plan shall explore and maximize parking lot shade trees and semi-pervious paving
materials wherever feasible.
8. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the parking
system used by employees, and visitors and shall be subject to staff approval prior to fmal
occupancy. At least 4 spaces shall be reserved for drop-off and pick-up and clearly
designated as such.
9. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial future parking or noise problems, the City
reserves the right to review this use permit at any time for additional mitigation measures or
recall the use permit.
2
49-U-87
June 18, 2009
10. DESIGN REVIEW
The final details of the site modification including but not limited to fencing, play structure,
pedestrian paths, garbage enclosure, entrance and drop-off area shall be reviewed and
approved by the Community Development Director prior to issuance of building permits.
11. CURBING EXTENSION
The applicant shall revise the site plan to indicate the extension of the curbing along the east
side of the proposed play yard adjacent to the drive aisle. The final site plan shall be
reviewed and approved by the Community Development Director prior to building permit
approval.
SECTION IV: CONDITIONS ADMINISTERED BY THE FIRE DEPT.
12. REQUIRED FIRE FLOW
The fire flow for this project is 1,500 gpm at 20-psi residual pressure. The adjusted fire flow
is available from area water mains and the fire hydrant(s), which are spaces at the required
spacing.
13. SPRINKLER SYSTEM
Records indicate that this structure is equipped with an existing fire sprinkler system. If any
interior remodeling is proposed as part of this project, the fire sprinkler system must be
modified to properly accommodate these changes. A State of California licensed (C-16) Fire
Protection Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their work.
14. SIGNAGE
Exits and exit pathways must be properly marked, illuminated and signed, and the required
minimum number of exits must be provided in all required locations.
15. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing building in such a
position as to be plainly visible and legible from the street or road fronting the property.
Number shall contrast with their background.
SECTION V: CONDITIONS ADMII~TISTERED BY THE BUILDING DEPT.
16. ADA standards:
Provide accessible path of travel to public transportation. Accessible parking appears
incorrect and will need to be corrected and modified when submittal for tenant improvement
plans.
17. Occupancy:
Information on building type of construction and occupancy type will be required upon
submittal of tenant improvement plans.
49-U-87 June 18, 2009
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
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, 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.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code X2.08.096.
Sincerely:
~.
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Grace Schmidt
Deputy City Clerk
cc: Community Development
4
M-2009-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0.6556
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT (49-U-87)
TO ALLOW FORA 4,900 SQUARE FOOT DAYCARE, PRESCHOOL AND
LEARNING CENTER IN AN EXISTING OFFICE BUILDING
LOCATED AT 20100 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-03
Applicant: Suna Lai
Location: 20100 Stevens Creek Blvd.
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for
the Modification of a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said 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 Modification of the Use Permit are hereby
recommended for approval, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; 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. M-2009-03,
as set forth in the Minutes of the Planning Commission Meeting of may 12, 2009, and are
incorporated by reference though fully set forth herein.
Resolution No. 6556 M-2009-03
Page-2-
May 12, 2009
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted, titled "Little Tree Bilingual Montessori
New Campus, 20100 Stevens Creek Blvd., Suite 160, Cupertino, CA 95014" consisting
of 2 pages numbered, "A1.1"; "Site Plari'; and "A2.1" "Floor Plari', except as may be
amended by the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to operate a daycare facility with a maximum occupancy of 94
children and 10 employees. The use shall operate between 7:30am and 6:30pm from
Monday through Friday. Said use shall be reviewed within the first year of operation
in the event of noise related or traffic complaints.
3. NOISE CONTROL
The noise levels shall not exceed those as listed in Chapter 10.48 of the Cupertino
Municipal Code, unless approved by special exception by the Noise Control Officer.
The applicant may have to conduct future tests to verify they are complying with the
ordinance at the request of the Community Development Director. The Planning
Commission may limit the number of children allowed in the outside play yard.
4. PARKING
The applicant shall provide a minimum of 20 parking spaces in accordance with the
approved site plan.
5. SIGNAGE & SIGN PROGRAM
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to installation
of any signage on site. Signage shall conform to the City's Sign Ordinance.
6. TRASH ENCLOSURS
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager. Final trash enclosure details shall be reviewed and approved by
the Planning Department prior to issuance of building permits.
7. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. Said plan shall explore and maximize parking lot shade trees and semi-
pervious paving materials wherever feasible.
G: ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ M-2009-03 res.doc
Resolution No. 6556 M-2009-03
Page-3-
May 12, 2009
8. PARKING MANAGEMENT PLAN
A parking management plan shall be prepared by the applicant that describes the
parking system used by employees, and visitors and shall be subject to staff approval
prior to final occupancy. At least 4 spaces shall be reserved for drop-off and pick-up
and clearly designated as such.
9. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial future parking or noise problems, the City
reserves the right to review this use permit at any time for additional mitigation
measures or recall the use permit.
10. DESIGN REVIEW
The final details of the site modification including but not limited to fencing, play
structure, pedestrian paths, garbage enclosure, entrance and drop-off area shall be
reviewed and approved by the Community Development Director prior to issuance of
building permits.
SECTION IV: CONDITIONS ADMINISTERED BY THE FIRE DEPT.
11. REQUIRED FIRE FLOW
The fire flow for this project is 1,500 gpm at 20-psi residual pressure. The adjusted fire
flow is available from area water mains and the fire hydrant(s), which are spaces at the
required spacing.
12. SPRINKLER SYSTEM
Records indicate that this structure is equipped with an existing fire sprinkler system.
If any interior remodeling is proposed as part of this project, the fire sprinkler system
must be modified to properly accommodate these changes. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval
prior to beginning their work.
13. SIGNAGE
Exits and exit pathways must be properly marked, illuminated and signed, and the
required minimum number of exits must be provided in all required locations.
14. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing building in
such a position as to be plainly visible and legible from the street or road fronting the
property. Number shall contrast with their background.
G: ~ Planning ~ PDREPORT ~ RES ~ 2009 ~M-2009-03 res.doc
Resolution No. 6556 M-2009-03 May 12, 2009
Page-4-
SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT.
15. ADA standards:
Provide accessible path of travel to public transportation. Accessible parking appears
incorrect and will need to be corrected and modified when submittal for tenant
improvement plans.
16. Occupancy:
Information on building type of construction and occupancy type will be required
upon submittal of tenant improvement plans.
PASSED AND ADOPTED this 12th day of May 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Miller, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
/ s / Aarti Shrivastava
Aarti Shrivastava
Director of Community Development
APPROVED:
/s/Lisa Giefer
Lisa Giefer, Chairperson
Planning Commission
G: ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ M-2009-03 res.doc
Attachmen~# 4
STEVENS CREEK BLVD.
MULTI-FAMILY
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NEW PRESCHOOL & ADMIN. DFFICES
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SITE PLAN ~°=211-0° 1 LEGEND
1
i. OWNER: LITTLE TREE MONTESSORI INC.
CHAD-CHURN CHEN
(408)446.0243
2. PROJECT ADDRESS: 20100 STEVENS CREEK BLVD., SUITE 160
CUPERTINO, CA 95014
3. ASSESSOR'S PARCEL NUMBER: 3fi9-03-002
4. LOT SIZE: 47,393 S0. FT.
S. ZONING DISTRICT; CG (COMMERCIAL)
6. EXISTING USE: COMMERCIAL (LOAN OFFICE)
7. PROPOSED L'SE: a) LITTLE TREE MONTESSORI:
A MONTESSORI PRESCHOOL FOR CHILDREN AGES 2 TO
6, WITH 10 EMPLOYEES AND 94 STUDENTS. THE
BUSINESS HOURS ARE FROM 7;00 AM TO 7:00 PM,
MONDAY TO FRIDAY. THE PRESCHOOL WILL BE
REDUIRED TO OBTAIN A CHILD CARE CENTER LICENSE
FROM THE COMMUNITY CARE LICENSING DIVISION OF
THE DEPARTMENT OF SOCIAL SERVICES.
b) OFFICE:
ADMINISTRATIVE OFFICES FOR LITTLE TREE MONTESSORI AND
GROWING TREE LEARNING CENTER WITH 2 FULL TIME STAFF.
8. PARKING: 36 PARKING SPACES WILL BE SHARED BY PRESCHOOL, ADMIN OFFICE, AND
CHICAGO TITLE CDMPANY (ADJACENT TENANT),
9. BUILDING DESCRIPTION; EXISTING 1 STORY, 11,300 SO. FT. BUILDING
PROJECT INFORMATION
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REVISIONS
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DATE; 411109 SCALE:AS NOTED
PROJECT NUMBER:
SITE PLAN
DRAWING A 1.1
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