PC Summary 06-23-09City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
From: Aarti Shrivastava, Director of Community Development
Date: June 24, 2009
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE
June 23, 2009
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
M-2009-05, Anjali Arora (Bethel Lutheran Church), 940 South Stelling Road
Description
Modification to the Use Permit (6-U-86) to allow an afterschool program for
children at the existing Bethel Lutheran Church.
Action
The Planning Commission approved the application on a 5-0 vote.
The fourteen day-calendar day appeal will expire on July 8, 2009.
Enclosures:
Planning Commission Report of June 9, 2009
Planning Commission Resolution No. 6559
g:planning/Post Hearing/summary to cc062309
CITY OF
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
SUMMARY
Application: M-2009-05 Agenda Date: June 23, 2009
Applicant: Anjali Arora
Owner: Bethel Lutheran Church
Property Location: 940 South Stelling Road
Environmental Determination: Categorical Exemption
APPLICATION SUMMARY
Modification of an existing use permit (6-U-86) to allow an afterschool program for
children at the existing Bethel Lutheran Church.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the modification (M-2009-05)
to operate the afterschool program for up to 90 children at the Bethel Lutheran Church
in accordance with the attached resolution.
BACKGROUND
Project Data:
General Plan Designation:
Zoning Designation:
Lot Area:
Acreage:
Building SF:
Existing Sanctuary:
Existing Multi-purpose Rooms:
Existing. Shed:
Proposed Building SF:
Existing Parking:
Proposed Parking Stalls
Quasi-Pub lic /Institutional
BQ (Quasi-Public Building)
64,904 sq. ft.
1.49 acres
2,800+/- sq. ft.
3,200+/- sq. ft.
400 sq. ft.
No Change
56 parking stalls
No Change
Project Consistency with:
General Plan: Yes
Zoning: Yes
Environmental Assessment: Categorically Exempt
Anjali Arora (Bethel Lutheran ~hul-ch) M-2009-OS June 23, 2009
Page 2
BACKGROUND
The project site is zoned BQ which allows Quasi-Public Uses. On March 10,1986, the
Planning Commission approved a Use Permit (6-U-8b -Attachment 1) to allow:
• The existing church with approximately 180 attendees
• Ancillary church-sponsored activity
• Incidental community service functions
The applicant is requesting approval to modify the existing use permit to allow an
afterschool program in the multi-purpose building operating on weekdays from noon
to 6:30 p.m. (Attachment 2).
Site Location
The project site is located at the southeastern corner of South Stelling Road and
Jollyman Lane. The project is surrounded by single family residences to the North, East
and West. Jollyman Park is immediately to the South (see aerial photo below).
Aerial Photo
N
1
DISCUSSION
The project proposes a maximum of 90 students at any given time. The number of staff
will be determined at a ratio of 1 tutor to 14 students, depending on the number of
children enrolled (capped at 7 tutors maximum). The afterschool program will provide
tutoring assistance, foreign language learning opportunities and provide arts, music
and dance classes and indoor/outdoor sports.
Anjali Arora (Bethel Lutheran church) M-2009-OS June 23, 2009
Page 3
Current activities at the church include a morning to early afternoon program for
seniors, Alcoholics Anonymous meetings once a week in the evening and services and
Sunday School on weekends.
Parkln~
The following is a parking analysis for the existing and proposed uses at the church:
Proposed Afterschool Program Other Existing Programs Total
Program (parking requirements =1:4 (parking requirements =1:4 Parking
students +1:1 tutor) artici ants + 1:1 staff) Needed
Time Maximum Maximum Parking Church Maximum Parking for all
Students Staff needed Staff occu ants needed programs ~
Noon - 20 2 5+2 = 7 6 90 (Self-help 6+23 = 29 7+29 = ~6
2:30 p.m. Elderl )
2:30 p.m. - 90 7 23+7 = 30 6 0 6 30+6 = 36
6:30 . m.
6:30 p.m. 0 0 0 0 20 (A.A. 5 0+5 = 5
and after meetin s)
Note: This analysis accounts only for the peak parking demands when there are overlapping hours of
operation between the church and the proposed afterschool program.
There are 5b parking spaces available on site. The parking analysis indicates sufficient
parking will be available to facilitate both the church uses and the afterschool program.
The project will not alter the existing circulation driveways or entrances to the Church
property.
Noise:
Given the distance of the project from residential uses, a formal noise impact analysis is
not warranted (see Diagram 2 below). The closest residence is approximately 140 feet
away to the east and is buffered by the Fellowship Hall building and a 400 s.f. shed. The
closest residence to the north is approximately 200 feet away and is buffered by the
parking lot and Jollyman Lane. The closest residence to the west is approximately 250
feet away and buffered by trees and South Stelling Road.
~ ~~ " :ter ~ ~ ~~ e ~ ~. ~ r t P
a.~ K,.,I . '"~,
r ~. ~~_ _ .~.r~.. ,.~_ ~ .~ ~~ ~: . .ago-. ,v~~ ,w - ~.;
~,~
r
~1k~#ifit~t,~ L.~
~. i _ .a
~. r
~ ~:
.~~ ~
~~ ~
.` ! ~ {
°" ~
~~
~ ~ ~'
r.~
h
~~ ~ '~,"
~,, ,,
~~~~a
i
.~~ ~ ',
~~ .
.~'
~,'~~.
,_.
-.s _.~ t^
t,i
d~
__- .~ ~ r
~S
>~
cr
.r.
{y'.
~ ,
s ~ ~+°
4, ~~~
p~
i. rAi
x
s ,n
mss.., + iLS!3~
u r~r ~ a Diagram 1
'~
~~ z ~ . ~ ~~
Fellours!np Hai!
~~
Anjali Arora (Bethel Lutheran Church) M-2009-OS June 23, 2009
Page 4
The applicant has confirmed that outdoor play related to the program will include only
about 20 children and will take place at the tot lot in Jollyman Park. Therefore, there
will not be any impacts to neighboring residential properties. The model resolution
includes a condition that requires a modification of the use permit and an acoustical
analysis if the play area is moved to the church property.
Landscaping:
The project site has landscaped berms along both South Stelling and Jollyman frontages.
However, these landscaping berms have not been properly maintained and are missing
trees that were approved as part of the original use permit in 1986. Currently, the
landscape irrigation system has been turned of f since it's not working. As part of this
approval, staff is recommending the following minor landscaping enhancements:
~ Four new trees (24" Uox) shall be planted in the general location as shown in
diagram 2 below
,,, !' New 24" box trees
~ The applicant/property owner shall repair and restore the existing irrigation
system to function properly in order to upkeep the existing and new landscaping
features.
The applicant is agreeable to these conditions but has requested more time be given to
perform the landscaping improvements due to financial considerations. Acondition has
been added to require the minor landscaping improvements be completed by June 30,
2010.
ENCLOSURES:
Model Resolution
Attachment 1: Daycare Class and Parking Schedule
Attachment 2: 6-U-86, Resolution 2777 containing the Conditions of Approval
Attachment 3: Site Plans
Diagram 2
M-2009-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0.6559
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING MODIFICATION OF AN EXISTING USE PERMIT (6-U-86)
TO ALLOW AN AFTERSCHOOL PROGRAM FOR CHILDREN AT THE
EXISTING BETHEL LUTHERAN CHURCH LOCATED AT
940 SOUTH STEELING ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: M-2009-05
Applicant: Anjali Arora
Location: 940 S. Stelling Road
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-2009-05,
as set forth in the Minutes of the Planning Commission Meeting of June 23, 2009, and are
incorporated by reference though fully set forth herein.
Resolution No. 6559 M-2009-05 June 23, 2009
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits submitted, titled "Lutheran Church, Cupertino,
CA" consisting of 2 pages numbered, "Sheet 1"; "Sheet 2"; "Program Description,"
"Parking Analysis" and "Facility Use Schedule," each consisting of 1 page, except as
may be amended by the Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to operate a 2,135 square foot daycare facility, within the multi-
purpose room of the church, with a maximum occupancy of 90 children and 7
employees at any given time. The use shall operate between 12:00 p.m. and 6:30 p.m.
from Monday through Friday.
3. NOISE CONTROL
Organized outdoor play yard/ structure for the afterschool program is not approved
with this modification. Organized outdoor play yard/ structures may be allowed
subsequent to an acoustical report conducted to determine noise levels and
appropriate mitigation measures subject to the approval of the Community
Development Director.
The noise levels from the afterschool program activities within the multipurpose room
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.
4. 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.
5. LANDSCAPE PLAN
The applicant and/ or the property owner shall submit a landscape plan to be
reviewed and approved by the Director of Community Development indicating four
new 24" box trees as shown in the Planning Commission staff report dated June 23,
2009. Said trees shall be planted by June 30, 2010.
The applicant and/ or the property owner shall also maintain the existing landscaping
and shall extend irrigation to the new trees. In the event any of the trees die, the tree
shall be replaced with a tree of a comparable size subject to the approval of the
Director of Community Development.
6. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial future parking or noise problems, or in the
event the landscaping is not planted, the City reserves the right to review this use
permit at any time for additional mitigation measures or revoke the use permit.
~ ~ cupertinosan ~ groups ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ M-2009-05 res.doc
Resolution No. 6559 M-2009-05 June 23, 2009
Page-3-
SECTION IV: CONDITIONS ADMINISTERED BY THE FIRE DEPT.
7. SPRINKLER SYSTEM
Facility will require a combination manual and automatic fire alarm per the California
Fire Code.
8. NOTIFICATION OF COMMUNITY CARE LICENSING
If it is determined this is a day care occupancy Community Care Licensing shall be
notified.
9. COMPLIANCE WITH FIRE CODE REQUIREMENTS
Applicant shall obtain the necessary permits to comply with the Fire Department
requirements.
10.000UPANT LOAD
Occupant load to be determined based on square footage and exits.
SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT.
11. BUILDING PERMIT
The applicant shall obtain a Building Permit to conform with the Building Code
requirement related to child care facilities. At the time of Building Permit Submittal,
the applicant shall provide the following information:
a. Building type of construction
b. Fire protection information
c. Square footage
d. Building accessibility features. Detail restrooms, paths of travel, path of travel
to public transportation, signage, etc.
e. Clarify whether the kitchen is a commercial kitchen and whether a type 1 hood
will be required.
PASSED AND ADOPTED this 23rd day of June 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, Kaneda
Miller, 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
~ ~ cupertinosan ~ groups ~ Planning ~ PDREPORT ~ RES ~ 2009 ~ M-2009-05 res.doc
M,,, I
_ -.~~. ~ I
~; / ~
,.
i
APP
ROVAL ,
I
A~:p!c.;tion ~I~;r ,her
C~-2
. .. ~~ r ~
Signature ~..""=? ,~' I 1
I
_ ,,
--- -- .
~>n.,j
~' °; ~ ~ ~ I ~ ~ cl.~
I I ~ ~' ~ ~
~ I
---- --j-._ .t _.~~ f ~t
e I ;
<N> fikrN ~' <E~n.~R's afCitt ~ I
~. k: ~ i
~. I ~ ~ ,
a~ , ~ ~ ; ~w~u rot
ai{
----- -r
- --- L----+ - - --- -~ ~>
~--- ; - - - -T i
~, ~ ~
-.- .. ~ \ I ~ ~ ~ u7uluReNol~iCCe
. ~ 1 i ~ I ~,
i I.
i I ~ ~`
~. ~=I ~ ~~
of i - ~~~ i o. ~ ' ' I ~ ' ` _
d! '~ nl i ~ ~ '~ ~~
~ ~~ I I
I I
-r----~ - -- --x~~--~-
I
,~!
0 _.. _
-, ..
_~ ._ _ .__
--- -f. ~, - i ~
~. ~
~ ~ ~ CfJ FERN
-~~_... w. _-.- I_ __ _... ~ Y ~ ..
I / I
> u~y
' '~
..
. ,
~ ~_._. ~
p X ~~~
*- ----- I I ~ ~ ~---
~; /
l ~ ~ ~ ~~
/ ~ I
~ ~ ~ I
- I.
;I. --- II i r --
,I `~
!!
I I - _ ~.~_____._._ . _. j
~ I1
. I I I it i . 1
` i , I I JEyTI DUL&
i, ~ ,
~ I., jl
~.I 1
~~
~ ~ i ~ ~ ~`
SM0.W W.sN6D I`r"'~
~j i ~ ~ ~ _ -
! ~ ~--~ ~ -~ - --- _ .... I
~ ;.
i I I'
CL
i ~ I _. __ ..._... --- --
~~
.•. ~ ~ _
I ! ~i ~._~-_ ~_ _
IHL Of PMDIH4 L141.L
i A6CNL' SHOWfI P'SNGD
`~ ~ (~A6LE A6uJC
~ ~ SNDNN WiNCD I 'r-- -
O
~ I z M.IL•
-_L!_I ._. ~ .
~trwE-~
~ ~ ,i ~...~-- ---._ k - -
I it I ----~~ H.IG
~~ -
B ~ ~~ ~ ~._~ ____. ___.._.
D
-- --- ---~~ : U~~ NG
~w
I~ i j
I ~ _ _._ _. _ .._ ..
I' r -- ~-
I
I ~~~ne n~enr~r+s,~nr ;. I ~ ~,,
'. ! i ---i---. _.. __- i
! I
1-~li.E ~ u1~IR
i
-~-
~ .~`'
~~
~~
I
i
~ ~ FEHS>J.(,.
,; I.
-- . ~;
~i n ~.
War , I I
WT~ ~ JN1.4.
/ ua utLs
sat+~
~~. ~ i !
ckulBc-I I +' ~
_CE'FiGE..__. , Fi
o
I;
4E)G1.4.
~,;
I ~~
_~ ' J
3~8~ 3 110 k~.
R.
rK6T{R07UM1 WMGOW - - =.- -
l~7keF~f•IC- CN>rmf ___
NMk.10 i6 ovCC- - I "~
H~6 I
I
~~~
,~ ~szas~- ~ =i
1 I~
~ ! _._
` i
i , __
„ - ~~
~ -----
4Tow~G6 MFLH.
GL ~~ GL ,y.. ~~ GL- ~ D[lILN 4 -
~~,~q ~ ~I„OI 16~-Op Ibl~Gy ~
.21-d
~~'~
~•
_~
j a>4GS.
r+ru
<G> euc. F+4~
xEV~sw~s
J c
o
W
U ~
g
~:
a °`
.'
e
a
we Uk°1'-t1'
o~
Joo
91rn
Z
!',' F