PC Summary 04-26-2011 City of Cupertino
,•
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E RT 1 N � FAX (408) 777-3333
Community Development Department
T�: Mayor and City Council Members
From: Aarti Shrivastava, Community Development Director
Date: Apri129, 2011
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE
Apri126, 2011
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
U-2011-04, ASA-2011-05, EXC-2011-05 (EA-2011-04), Karl Shultz, Lili Zhu ans Louis Tseng
(Sunflower Learning Center),18900 Stevens Creek Blvd
Use Permit to allow a child care facility with a pre-school and an after-school learning program to
operate at an existing 8,999 square foot commercial office building. The application also includes a
new outdoor play area in the rear parking lot;
Architeciural and Site approval for minor fa�ade, landscaping and parking lot modifications at an
existing commercial office building;
Exception to the Heart of the City Specific Plan to allow non-commercial uses (a child care facility)
to exceed 25% of the total building frontage along Stevens Creek Boulevard
Action
The Planning Conlmission approved the application on a 3-1-1 vote.
Enclosures: Planning Commission Report Apri126, 2011
Planning Coxnmission Resolution (s) 6629, 6630, 6631
Approved Plan Set
2. Application
DIR-2010-26, Jerry Lami (Modena Investment, LP & Sunnyvale Holding , LLC), 21275 Stevens Creek
Blvd
Referral a Director's Minor Modification to allow the operation of a Farmer's Market at the existing
Oaks Shopping Center on Sunday mornings
Action
The Planning Commission approved the application on a 4-0-1 vote.
Enclosures: Planning Commission Report Apri126, 2011
Planning Commission Resolution (s) 6632
Approved Plan Set
g:planning/L'ost Hearing/summary to cc042611
OFFICE OF COMMUNITY DEVELOPMENT
C1TY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planningG�cupertino.or�
CUPERTIND
PLANNING COMMISSION STAFF REPORT
Agenda Item No:1 Agenda Date: A�ri126, 2011
Application: U-2011-04, ASA-2011-05, EXC-2011-04, EA-2011-04
Applicant/Owner: Karl Shultz, Lili Zhu and Louis Tseng (Sunflower Learning
Cener)/Nicholas Speno
Property Location: 18900 Stevens Creek Boulevard
Application Summary:
1. USE PERMIT to allow a child care facility with a pre-school and an after-school learning
program to operate at an existing 8,999 square foot commercial office building. The
application also includes a new outdoor play area in the existing rear parking lot.
2. ARCHITECTURAL AND SITE APPROVAL for minor fa�ade, landscaping and parking lot
modifications for an existing commercial office building.
3. EXCEPTION to the Heart of the City Specific Plan to allow non-commercial uses (a child
care facility) to exceed 25% of the total building frontage along Stevens Creek Boulevard.
� RECOMMENDATION
Staff recommends that the Planning Commission approve:
1. Mitigated Negative Declaration, EA-2011-04
2. Use Permit application, U-2011-04
3. Architectural and Site Approval application, ASA-2011-05, and
4. Exception to the Heart of the City Specific Plan, EXC-2011-04,
per the model resolutions (Attachments 1, 2 and 3)
Project Data:
General Plan Designation: Commercial/Office/Residential
Zoning Designation: P(Mixed Use Planned Development)
Specific Plan: Heart of the City
Acreage (Net): 0.568 (25,515 square feet)
Building SF: 8,999 square feet
Building Height: 29 ft 6 in. (two-story)
Floor Area Ratio: 35.3%
Parking required: 27 spaces (including 3 vans)
Parking proposed: 24 spaces (not including 3 vans to be parked in off-
site location owned and operated by applicant)
Project Consistency with:
General Plan: Yes
Zoning: No
Environmental Assessment: Mitigated Negative Declaration
U-2011-04, ASA-2011-05 Sunflower Learning Center Apri126, 2011
EXC-2011-05, EA-2011-04 Page 2
BACKGROUND:
The project site is located at 19800 Stevens Creek Boulevard at the southwest corner of the
intersection of Stevens Creek Boulevard and Stern Avenue. The site is located on the eastern
edge of the city and surrounded by the City of Santa Clara to the north and the City of San Jose
to the east. The previous uses at the site included 100% medical and professional offices. The
building was designed as an office building and built in San Jose. The property was annexed
into the City in 1983. There are hotel and office uses to the north, a gas station and a 7-11 store
to the east, single family residences and a daycare to the west and other single family residences
to the south.
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The applicant proposes to occupy the entire 8,999-square foot building, with a pre-school and
after-school uses that will serve up to 142 children. The applicant currently operates an after-
school childcare at 19220 Stevens Creek Boulevard that has been in business since 2006. The
enrollment capacity at that location is 130 school-age children. The applicant is proposing to
expand his business by operating both the after-school care at 19220 Stevens Creek Boulevard
and the operations at 18900 Stevens Creek Boulevard.
DISCUSSION:
The child care provider, Sunflower Learning Center, provides the following operational
information about their operations (Attachment 4):
Pre-school:
Days of operation: Monday thru Friday
Hours of operation: 8:30 a.m. - 6:30 p.m.
Maximum Capacity: 70 children (2yrs 9 months to 4 yrs 9 months)
U-2011-04, ASA-2011-05 Sunflower Learning Center Apri126, 2011
EXC-2011-05, EA-2011-04 Page 3
No. of classrooms: 3
Childcare Staff: 6(based on community care licensing requirements -
1 teacher for every 12 students)
After-school:
Days of operation: Monday thru Friday
Hours of operation: 2:00 p.m. - 7:00 p.m.
Maximum Capacity: 72 children (3rd grade and up)
No. of classrooms: S
Childcare Staff: 6(at a 1:12 teacher-student ratio)
Tra c:
A traffic impact analysis was prepared by Hexagon Transportation Consultants since the project
is anticipated to generate more than 100 peak hour trips above the previous use in the P.M.
peak hour (between 5:00 p.m. and 6:00 p.m.)(see Attachment 5). The traffic study revealed that
the Stevens Creek Blvd/Stern Avenue intersection currently operates at Level of Service (LOS)
F during the PM peak hour, and would continue to do so with the proposed project. The study
also noted that the minimum thresholds for installation of a traffic signal would be met with the
proposed project, whereas under existing conditions a traffic signal is not warranted. It should
be noted that the City has no specific criteria with respect to unsignalized intersections and the
Capital Improvement Program does not include funds to signalize this intersection.
Additionally, the full cost of installing a traffic signal would be financially infeasible for the
project applicant to bear.
The low level of service during the PM peak hour is mainly due to excessive vehicle delays by
vehicles attempting to turn left from northbound Stern Avenue onto westbound Stevens Creek
Boulevard. This also creates an unsafe situation with vehicles attempting to make a left-turn by
navigating multiple lanes of traffic on eastbound Stevens Creek Boulevard. Therefore, the
traffic consultant is recommending restricting the traffic movement from northbound Stern
Avenue onto westbound Stevens Creek Boulevard by constructing a median (see illustration
below).
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Right: Mitigation recommended by Traffic Consultant to �
prohibit left turn from Stern Ave on to WB Stevens Creek � .
Boulevard.
This would continue to allow left turns from westbound Stevens Creek Boulevard to
southbound Stern Avenue as well as left-turns into the hotel driveway from eastbound Stevens
Creek Boulevard. Vehicles attempting to go westbound on Stevens Creek Boulevard would
U-2011-04, ASA-2011-05 Sunflower Learning Center Apri126, 2011
EXC-2011-05, EA-2011-04 Page 4
make a right on eastbound Stevens Creek and a U-turn at the next signalized intersection.
These improvements are consistent with other smaller intersections along arterials such as De
Anza Boulevard and Stevens Creek Boulevard and would reduce intersection delays at the
intersection and mitigate a potentially unsafe situation.
As a condition of the project, the project will fund the median improvements as prescribed by
the traffic consultant. The applicant is aware and agreeable to this condition.
Parkin :
The traffic consultant also studied the parking requirements for the proposed project. Based on
analysis of the current operations of the Sunshine Learning Center at 19220 Stevens Creek
Boulevard, it appears that the proposed project will require a total of 27 parking spaces (12 for
student pick-up, 12 for teachers and 3 van parking spaces). The business owns three vans that
pick children up from schools and transport them to the facility.
The applicant proposes to provide 24 parking spaces to accommodate the student pick-up and
the teacher parking and proposes to park the 3 vans at its other business location at 19220
Stevens Creek Boulevard. The applicant also agrees to a condition of approval for this project
that should the other business location shut down, the applicant shall either reduce the business
plan for the pre-school/after-school care to allow for parking of the vans on the site or
demonstrate that there will be no impacts to the parking requirements due to the additional van
parking via a parking survey by an independent consultant. This has been added as a condition
of approval for the development.
Outdoor Pla� Area
State law requires that daycare centers provide outdoor play areas for children. The applicant
intends to meet the State requirement by providing approximately 2,124 square foot of play area
behind the child care facility close to Stern Avenue (see Attachment 9). The location would
enable the children to use the play area without having to cross the driveway or parking lot.
The play area is set back 57 feet from the residential property line to the west, 71 feet from the
property to the south and 12 feet from the property to the east (see site aerial on page 2 of the
staff report).
The proposed play area will consist of:
• One (1) play structure
• Rubber tiles around play structure
• Six (6) foot metal perimeter fence
• Landscaping and curbs near the perimeter fence
A secondary, approximately 450 square feet, play area is being proposed three feet from the
west property line, 157 feet from the south property line, 70 feet from the east and north
property lines. No play structures are proposed in this area.
Additional Site Im�rovements on the Project Site:
As part of this application, the applicant will be providing additional site improvements
including new trees along the Stevens Creek frontage, landscape planters, enhanced walkways
for ease of drop off and pick up of children, new roof on the trash enclosure and new parking
lot striping. Please refer to the site plan for the detailed list of all of the improvements.
U-2011-04, ASA-2011-05 Sunflower Learning Center Apri126, 2011
EXC-2011-05, EA-2011-04 Page 5
Noise
A noise impact and mitigation study was conducted by Illingworth and Rodkin, Inc. to evaluate
the potential noise impacts on adjacent properties by the proposed facility (see Attachment 6).
The noise engineer visited Sunflower Learning Center's existing operations at 19220 Stevens
Creek Boulevard to establish the baseline noise levels. This establishment has 130 children
enrolled. The consultant has also taken into consideration, in his analysis, that there already is
another pre-school located on Bret Avenue.
The primary source of noise from the operation of the facility would be intermittent and brief
from the play areas. With the types of activities typical of child care play areas, the number of
children estimated to be outside at any given time (a maximum of 28 children at one time in the
larger play area and 2 children at one time in the smaller play area) and the distance of these
activities from residential property lines, these activities would be well within the City's Noise
Ordinance limits, and do not be expected to create any noise impacts in adjacent areas (please
see Attachment 6 for the detailed noise analysis).
Since the General Commercial Zoning Ordinance (19.56.070 (E).d.) requires a minimum 8-foot
high sound wall between commercial and residential properties, the applicant will be increasing
the height of the existing concrete masonry fence from 5 feet 8 inches to 8 feet along the west
and south property lines, which will help provide visual and noise screening to the adjacent
residences. A condition has been added to approve the final design of the wall prior to issuance
of building permits.
Fa�ade
The applicant is making minor fa�ade changes to improve the functionality of the pre-school by
enclosing areas under the open staircase at the rear to make the facility safer and more
controlled. These changes are restricted to the rear of the building.
EXCEPTION TO THE HEART OF THE CITY:
The applicant is also requesting an exception to the Heart of the City Specific Plan requirement
that no more than 25% of the building frontage along Stevens Creek Boulevard comprise of
non-retail uses. This requirement was instituted with the last update to the Heart of the City
Specific Plan in March 2010. The building was originally designed for office use and the layout
of the building does not make this an ideal location for retail uses. Staff therefore recommends
that the exception to the Heart of the City be granted for this particular building.
PUBLIC OUTREACH:
On April 1, 2011, the applicant mailed out notices to property owners within 300 feet of the
project, inviting them to attend a neighborhood meeting. On Apri19, 2011, the applicant hosted
the neighborhood meeting at the Conference Room at the Quinlan Community Center. The
meeting was attended by the applicants, one staff inember, and one (1) neighbor. In addition,
staff received phone calls from two neighbors. Comments and concerns are summarized below.
Staff responses to each of the comments and concerns are also included.
U-2011-04, ASA-2011-05 Sunflower Learning Center April 26, 2011
EXC-2011-05, EA-2011-04 Page 6
Nei hbor Comment/Concerns Staff Res onses
1. Restricting left turns from north Restricting left turn movements out of Stern Avenue
bound Stern Avenue onto west reduces intersection delays and enhances safety.
bound Stevens Creek
Boulevard is a concern.
2. Apartment spill over parking The apartment complex in question is located in the City
along Stern Avenue of San Jose. The street is not designated as a"no parking"
zone.
3. Traffic and driveway conflicts No operational conflicts are expected and safety is not
with 7-11 across the Stern compromised. This situation is typical throughout the
Avenue city.
4. Vehicular visibility concerns The new landscaping proposed along Stevens Creek ,
due to new landscaping Boulevard is in conformance with the requirements of the
proposed along Stevens Creek Heart of the City Specific Plan. The landscaping proposed
Boulevard when turning right includes trees that will have a higher canopy and will not
onto Stern Avenue from east impede the view of cars making turns.
bound Stevens Creek
5. Concerns with the lack of The City does not own the necessary right-of-way to
sidewalk along Stevens Creek construct a sidewalk at that location. If, and when that
Boulevard to the west of the property is developed, appropriate dedications and
subject property public improvements shall be required of the
develo er/ owner.
6. Existing 6-foot fence along The scope of this project does not include any changes to
Stevens Creek Boulevard of the the property to the west of this property. If, and when
residential neighbor to the west that property is developed, appropriate public
im rovements shall be re uired of the develo er/owner.
7. Maximize pedestrian path The applicant has provided additional pedestrian
inside the parking lot pathways to provide safe access for children during
icku and dro off times.
8. Afternoon sun makes turning The intersection improvements will reduce the number of
left on to Stern Avenue from conflicts with the left-turn movement and make it safer.
west bound Stevens Creek
Boulevard a challen e.
9. Concerns about the cumulative The noise analysis did review the cumulative impacts of
noise impacts from proposed the noise generated by the existing pre-school and the
operations and existing pre- proposed operations.
school on Bret Avenue.
10. The operator of the pre-school While, there are restrictions on how close large family
on Bret Avenue raised concerns day care facilities may be located in residential zones to
about economic impacts of the maintain the residential character of the neighborhood,
proximity of another pre-school both the subject property and the other pre-school are
to her business. located in a mixed use planned development zoning
district where commercial, office and residential uses are
allowed. The city does not have any restrictions on the
roximi of re-schools to each other in this zone.
U-2011-04, ASA-2011-05 Sunflower Learning Center Apri126, 2011
EXC-2011-05, EA-2011-04 Page 7
ENVIRONMENTAL REVIEW:
The Environmental Review Committee reviewed the proposed project and the environmental
impacts of the project on April 7, 2011 (see Attachment '�. At that meeting, the Committee
recommended adoption of a Mitigated Negative Declaration for the proposed project
recognizing that the impacts of the project were less than significant with mitigations. A
summary of the proposed mitigation measures for the impacts are attached (see Attachment 8).
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Approved by:
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1. Model Resolution: Use Permit U-2011-04 (EA-2011-04)
2. Model Resolution: Architectural and Site Approval Permit ASA-2011-05
3. Model Resolution: Exception Permit EXC-2011-05
4. Sunflower Learning Center Operational Information/Business Plan
5. Traffic Impact Analysis dated April 5, 2011 prepared by Hexagon Transportation
Consultants. Inc.
6. Noise Analysis dated March 10, 2011 prepared by Illingsworth & Rodkin, Inc.
7. Initial Study - EA-2011-05
8. Summary of Mitigation Measures for U-2011-04, ASA-2011-05, EXC-2011-04 and EA-2011-04
9. Plan Set
G: � Planning � PDREPORT � pc U reports � 2011ureports � U-2011-04.docx
U-2011-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6629
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW A CHILD CARE FACILITY
WITH A PRE-SCHOOL AND AN AFTER-SCHOOL LEARNING PROGRAM
TO OPERATE AT AN EXISTING 8,999 SQUARE FOOT COMMERCIAL OFFICE BUILING
LOCATED AT 18900 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: U-2011-04
Applicant: Karl Shultz/Lili Zhu/Louis Tseng (Sunflower Learning Center)
Property Owner: Nicholas Speno
Location: 18900 Stevens Creek Boulevard (APN: 37511073)
SECTION II• FINDINGS FOR USE/PLANNED DEVELOPMENT 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 Environmental Review Committee has recommended adoption of a(Mitigated)
Negative Declaration,
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. A Mitigated Negative Declaration (file no. EA-2011-04) is hereby adopted; and
2. The application for a Use Permit, Application no. U-2011-04 is hereby approved, and
Resolution No. 6629 U-2011-04 April 26, 2011
Page-2-
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.(s) EA-2011-04 and U-
2011-04 as set forth in the Minutes of Planning Commission Meeting of April 26, 2011, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. DEVELOPMENT APPROVAL
Approval is granted for a child care facility with the following capacity:
a) Pre-school: 70 children
b) After-school program: 72 children
The actual capacity of children at the facility maybe further restricted based on Fire Department,
Building Department, CA Department of Social Services, CA Department of Education or other
relevant agencies requirements. Appropriate licensing/registration from the Community Care
Licensing Department and/or other relevant County/State agencies shall be obtained prior to
commencement of the operation.
2. APPROVED EXHIBITS
This approval is based on Exhibits titled "Business Plari' prepared by the applicant consisting of
two pages and "Sunflower Learning Center, New Pre-school & After-school Program Facility,
18900 Stevens Creek Boulevard, Cupertino, CA" prepared by Shultz and Associates dated 4-15-
2011 consisting of pages A0.1, A1.0, A1.1, PL, A1.2, A2.0, A2.1, A4.1 and 1 of 1, except as may be
amended by the Conditions contained in this Resolution.
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).
3. 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.
4. EXPIRY DATE
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.
5. TOTAL AVAILABLE PARKING
Parking for vans owned and operated for the benefit of this facility is not approved with this
project. The applicant shall park these vans at the facility at 19220 Stevens Creek Boulevard.
In the event, operations at 19220 Stevens Creek Boulevard cease or relocate and the applicant
would like accommodate parking of these vans at 18900 Stevens Creek Boulevard, the applicant
has the following options with the approval of a Director's Minor Modification:
a) Modify the business plan to reduce required parking to allow the vans to be parked on site,
b) Demonstrate to the City that the parking of the vans on site does not affect the parking
requirements for the operations via a parking study by an independent traffic/ parking
consultant.
Resolution No. 6629 U-2011-04 Apri126, 2011
Page - 3 -
6. CHILDREN 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 learning center, 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 the following hours
of operation:
8:30 a.m. to 9:30 a.m.
2:00 p.m. to 2:30 p.m.
6:00 p.m. to closing
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. RECYCLING OF DEMOLISHED BUILDING MATERIALS
A condition will be added to require recycling of demolished building materials to the maximum
extent possible.
8. UTILIT'Y STRUCTURES
All new utility structures will be required to be located underground or screened from public
view.
9. SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code.
10. 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 a planned
development permit, conditional use permit or variance have not been implemented, or where
the permit or variance is being conducted in a manner detrimental to the public health, safety,
and welfare, in accord with the requirements of Chapter 19.124.
11. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Resolution No. 6629 U-2011-04 Apri126, 2011
Page-4-
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.
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
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,217.00 or 5%)
c. Development Maintenance Deposit: $1,000.00
Resolution No. 6629 U-2011-04 Apri126, 2011
Page - 5 -
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $ Per current fee schedule (N/ A)
g. Park Fees: $ Per current fee schedule (N/ A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond:100% of Off-site and On-site Improvements
Labor & Material Bond:100% of Off-site and On-site Improvement
On-site Grading Bond:100% of site improvements.
-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 RE UIREMENTS
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 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.
Resolution No. 6629 U-2011-04 Apri126, 2011
Page-6-
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 CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved
by the City. The plan shall include a temporary traffic control plan for work in the right of way as
well as a routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping
work throughout the City.
17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. 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.
19. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
20. 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.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
22. 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.
23. FIRE HYDRANT
Resolution No. 6629 U-2011-04 April 26, 2011
Page-7-
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
24. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before issuance of a building permit. The developer
shall pay for and obtain Water District permit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
25. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before issuance of a building permit.
26. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
27. 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.
28. LEFT TURN RESTRICTIONS AT STEVENS CREEK BOULEVARD AND STERN AVENUE
The Developer is required to install signage at the Stevens Creek Blvd & Stern Avenue
intersection prohibiting left turns from Stern Avenue onto Stevens Creek Boulevard between the
hours of 4 p.m. and 7 p.m. The layout and installation shall be done to the satisfaction of the City
Engineer.
SECTION V: CONDITIONS ADMINISTERED BY THE CITY OF SUNNYVALE PUBLIC WORKS
DEPARTMENT
1. SANITARY SEWER SYSTEM
The project site is discharging sanitary sewer to the City of Sunnyvale system, therefore, prior to
City of Cupertino's building permit issuance, a licensed Civil Engineer or Mechanical Engineer
shall provide a written statement to the City of Sunnyvale, providing an estimated average water
consumption (in gpd) for the proposed use and stating that the he/she has evaluated the existing
sanitary sewer lateral and main pipe on Stern Avenue and determined that there is no adverse
impact to the existing Sunnyvale sanitary sewer system (or; there is a small incremental impact to
the existing Sunnyvale sanitary sewer system but would not trigger any system upgrades; or
there is incremental impact to the existing Sunnyvale sanitary sewer system and improvements
for upgrades are subject to City of Sunnyvale review and approval).
PASSED AND ADOPTED this 26th day of April, 2011� Regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
Resolution No. 6629 U-2011-04 Apri126, 2011
Page-8-
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Cupertino Planning Commission
G: � Planning � PDREPORT \ RES � 2011 � U-2011-04.doc
ASA-2011-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6630
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT FOR MINOR FA�ADE,
LANDSCAPING AND PARKING LOT MODIFICATIONS AT AN EXISTING COMMERCIAL OFFICE
BUILDING LOCATED AT 18900 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-05
Applicant: Karl Schultz/ Lili Zhu/ Louis Tseng (Sunflower Learning Center)
Property Owner: Nicholas Speno
Location: 18900 Stevens Creek Boulevard (APN: 37511073)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration,
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:
1. The proposal, 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 proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use
permits, exceptions, subdivision maps or other entitlements to use which regulate the subject
property including, but not limited to, adherence to the following specific criteria:
a) Only minor changes have been proposed to the existing building that do not affect the overall
architectural quality of the building.
b) Design harmony between new and existing buildings have been preserved and the materials,
and with the future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of walls, fencing, hedges and screen planting
harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
Resolution No.6630 . ASA-2011-05 Apri126, 2011
Page - 2 -
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
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. A Mitigated Negative Declaration (file no. EA-11-04) is hereby adopted; and
2. The application for an Architectural and Site Approval, Application no. ASA-2011-05 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.(s) EA-2011-04 and ASA-2011-05
as set forth in the Minutes of Planning Commission Meeting of April 26, 2011, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled "Business Plari' prepared by the applicant consisting of two
pages and "Sunflower Learning Center, New Pre-school & After-school Program Facility, 18900
Stevens Creek Boulevard, Cupertino, CA prepared by Shultz and Associates dated 4-15-2011
„
consisting of pages A0.1, A1.0, A1.1, PL, A1.2, A2.0, A2.1, A4.1 and 1 of 1, except as may be amended
by the Conditions contained in this Resolution.
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.
� 2. PARKING ADTACENT TO THE TRASH ENCLOSUIZE
The applicant shall provide no parking signs between the hours of 9:00 a.m. and 12:00 p.m. on
Wednesday. The design and location of said signs shall be reviewed and approved by the Planning
and Public Works Departxnents prior to issuance of building permits.
3. ENHANCED PATHWAY
The applicant shall provide enhanced pathways, the final design and location of which shall be
reviewed and approved by the Planning Department prior to issuance of building permits, from the
parking areas on the site for safe pick up and drop-off of children.
4. DRIVEWAY ENTRANCE
The applicant shall design and install a new driveway entrance, the design of which shall be
reviewed and approved by the Planning and Public Works Departments prior to issuance of
building permits.
5. ASH TREE TO THE SOUTH OF THE DRIVEWAY
The Ash tree located immediately south of the driveway shall be preserved and/ or relocated. In the
event, it is determined that this is not possible, the applicant shall secure a tree removal permit and
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page-3-
provide replacement trees as required by Chapter 14.18, Protected Tree Ordinance, of the Cupertino
Municipal Code.
6. SOUND WALL
A masonry wall, the final design of which shall be reviewed and approved by the Planning
Department prior to issuance of building permits, shall be provided on the project's common
boundary with residentially zoned or used property up to the front setback line. The wall shall be at
least eight feet in height as measured from the highest adjoining grade.
7. RECYCLING OF DEMOLISHED BUILDING MATERIALS
A condition will be added to require recycling of demolished building materials to the maximum
extent possible.
8. UTILIT'Y STRUCTURES
All new utility structures will be required to be located underground or screened from public view.
9. FENCE
The final design of the perimeter fencing around the play areas shall be reviewed and approved by
the Planning Department prior to issuance of building permits.
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code.
11. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: The landscape and
„
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
12. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, with the landscape installation report, or any time before the
landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page-4-
SECTION IV: 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
standard's 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.
8. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for pay.ment 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
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page - 5 -
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($2,468.00 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,217.00 or 5%)
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $ Per current fee schedule (N/A)
g. Park Fees: $ Per current fee schedule (N/ A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond:100% of Off-site and On-site Improvements
Labor & Material Bond:100 % of Off-site and On-site Improvement
On-site Grading Bond:100% of site improvements.
-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
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.
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page-6-
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 CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by
the City. The plan shall include a temporary traffic control plan for work in the right of way as well
as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed
and approved by the City prior to commencement of work. The City has adopted Manual on
Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
17. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
18. 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.
19. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
20. 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.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
22. 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.
23. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
24. SANTA CLARA WATER DISTRICT CLEARANCE
Resolution No.6630 ASA-2011-05 Apri126, 2011
Page - 7 -
Provide Santa Clara water district approval before issuance of a building permit. The developer shall
pay for and obtain Water District permit for activities or modifications within the District easement
or fee right of way or affecting District facilities.
25. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before issuance of a building permit.
26. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
27. 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.
28. LEFT TURN RESTRICTIONS AT STEVENS CREEK BOULEVARD AND STERN AVENUE
The Developer is required to install signage at the Stevens Creek Blvd & Stern Avenue intersection
prohibiting left turns from Stern Avenue onto Stevens Creek Boulevard between the hours of 4 p.m.
and 7 p.m. The layout and installation shall be done to the satisfaction of the City Engineer.
PASSED AND ADOPTED this 26th day of April, 2011� Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Miller, Brophy, Bronwley
NOES: COMMISSIONERS: Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development Cupertino Planning Commission
G: � Planning \ PDREPORT � RES � 2011 � ASA-2011-OS res.doc
EXC-2011-OS
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6631
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO THE HEART OF THE CITY SPECIFIC PLAN TO ALLOW
NON-COMMERCIAL USES (A CHILD CARE FACILITY) TO EXCEED 25% OF THE TOTAL
BUILDING FRONTAGE ALONG STEVENS CREEK BOULEVARD
LOCATED AT 18900 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2011-05
Applicant: Karl Schultz/ Lili Zhu/ Louis Tseng (Sunflower Learning Center)
Property Owner: Nicholas Speno
Location: 18900 Stevens Creek Boulevard (APN: 37511073)
SECTION II: FINDINGS FOR HEART OF THE CITY SPECIFIC PLAN EXCEPTION
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Height Exception as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated
Negative Declaration,
WHEREAS, the necessary notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public
Hearing on this matter; and
WHEREAS, the P1aruling Commission finds the following with regards to the Heart of the City
Specific Plan Exception for this application:
1. The proposed development is otherwise consistent with the City's General Plan and
with the goals of this specific plan and meets the criteria that unique surrounding land
uses make it difficult to adhere to the development standards.
2. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to the public health and safety.
3. The proposed development will not create a hazardous condition for pedestrian
vehicular traffic.
4. The proposed development has legal access to public streets and public services are
available to serve the development.
5. The proposed development requires an exception, which involves the least modification
of, or deviation from, the development regulations prescribed in this chapter necessary
to accomplish a reasonable use of the parcel.
Resolution No.6631 EXC-2011-05 Apri126, 2011
Page 2
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. A Mitigated Negative Declaration (file no. EA-2011-04) is hereby adopted; and
2. The application for an Exception to the Heart of the City Specific plan, Application no. EXC-
2011-05 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.(s) EA-2011-04
and EXC-2011-05 as set forth in the Minutes of Planning Commission Meeting of Apri126, 2011,
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. EXPIRY DATE
This exception effective for as long as the Use Permit for the Sunflower Learning Center
(File No. U-2011-04) is valid.
PASSED AND ADOPTED this 26th day of April 2011, at a regular meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Director of Community Development P1aruling Commission
G: � Planning� PDREPORT� RES \ 2011 \ EXC-2011-05 Res.doc
�� �-v��-�f�,��2orl-c7�
CtXf��t t-aS� G> 1 �'�Zd f'o`�
Attachment 4
Sunflower Learning Center y��`� �
18900 Stevens Creek Blvd Project ���
Cupertino, CA 95014 � ,
Subject: Business Plan �
For the 18900 Stevens Creek Blvd project, we plan to target two differen�student sectors: .___ __ `
pre-school and school-age (3 grade and up). Pre-school children will be located in lst
floor facilities; school-age children will be located in 2 floor facilities. In addition, will
be a school-age classroom in 1 St floor as well.
Pre-school Business Operational Plan:
1. Pre-school children will be operated in the 1 St floor facilities. There will be 3
classrooms to service 70 children. Two teachers per classroom, as required by
licensing requirements of maximum 12:1 student-teacher ratio.
2. Pre-school children will learn how to socialize with children. They will be
introduced to cultural activities, such as singing, dancing, drawing. They will also
learn how to recognize shapes, color, plants, animals, etc.
3. Business hours will be: M-F 8:30-6:30pm. Closed on Saturdays and Sundays.
Parents have the liberty to drop-off/pick-up children at their convenience.
Therefore, drop-off times and pick-up times are dispersed.
4. There will be a pre-school playground on the premises.
School-age Business Operational Plan:
1. We will serve school-age children 3` grade and up, for a total of 72 students.
They will be based mostly on 2 floor facilities, with only 1 classroom on lst
floor. There will be 8 classrooms, 1 classroom in 1 St floor and 7 classrooins in 2"
floor; each classroom will have a teacher, for maximum a ratio of 12:1.
2. Business hours will be: M-F 2:00-7:OOpm; closed on Saturdays and Sundays
3. Student program: .
• Mandarin Chinese
• Chinese cultural classes, such as folk dance, kung-fu, drama, folk
singing, go, brush painting, calligraphy, abacus, traditional
customs, etc.
� • Other enrichment classes, such as chess, arts and craft, painting, dance,
math, etc.
4. School-age children arrive at school via Sunflower transportation. These are
typically Sunflower vans ("Sunflower van") carrying up to 12 children or
Sunflower-contracted drivers ("drivers"), typically carrying up to 6 children.
These "drivers" or "Sunflower vans" will arrive at staggered time slots because in
the Cupertino Unified School District schools set their own schedules. As such,
many schools dismiss students at slightly different times. Therefore, students
arrive at slightly different times. The effect is that drop off times are staggered;
thus, relieving potential traffic congestion.
5. For safety reasons, we follow strict guidelines in dropping off children:
a. a teacher must lead the children into Sunflower facilities before the
van/car can move.
b. Drivers must take roll call and check-off students at drop-off
6. We offset the closing business hour by 30minutes between pre-school and after-
school in order to stagger pickup times. Most people tend to procrastinate till
closing time to pickup their children; thus, we anticipate most parents picking up
children during last 30min of business.
19220 Stevens Creek Blvd Business Operational Plan:
1. We will retain our current site at 19220 Stevens Creek Blvd. At this site, we
will serve school school-age children K-2 grade. We will NOT serve under 5
age children. Enrollment capacity is 130 students.
2. Business hours are M-F 2:00-6:30pm; closed on Saturdays and Sundays.
3. Student program:
• Mandarin Chinese
• Chinese cultural classes, such as folk dance, kung-fu, drama, folk singing,
go, brush painting, calligraphy, abacus, traditional customs, etc.
� Other enrichment classes, such as chess, arts and craft, painting, dance,
math, etc.
4. School-age children arrive at school via Sunflower transportation. These are
typically Sunflower vans ("Sunflower van") carrying up to 12 children or
Sunflower-contracted drivers ("drivers"), typically carrying up to 6 children.
These "drivers" or "Sunflower vans" will arrive at staggered time slots
because in the Cupertino Unified School District schools set their own
schedules. As such, many schools dismiss students at slightly different times.
Therefore, students arrive at slightly different times. The effect is that drop off
times are staggered; thus, relieving potential traffic congestion.
5. All Sunflower pickup vans will park at the 19220 Stevens Creek location
during regular business hours. This follows strict guidelines the City is setting
as condition of our parking arrangement at 18900 Stevens Creek Blvd
location.
6. For safety reasons, we folTow strict guidelines in dropping off children:
a. a teacher must lead the children into Sunflower facilities before the
van/car can move. �
b. Drivers must take roll call and check-off students at drop-off
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Sfl'E AREA SQUARE FOOTAGES AND PERCEHTAGES . LO7 SI7E: 25,575 SF (588�) A�'Z TAAFFIC MR�aT�ON PFi�POSR�
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PARqNGARF� 8.088 93.07% I '. '*�°'� Y, � M.'I IXTERIORELEVATIONS
WAIKWAVS: 7,9� 8.05% � . � , ... . '�« PROPOSED USE DAYCAHE 8 PRESCHOOL
PUVAREA 2,121 B.BB% I . .'�y PHOTOMETRICSTUDV
LANDSCAPEDAREA 7.828 32.01% I . ... TVPEOFCONSTRUCTION: VB ShM71M:
� � FIRE SPRINKLERS: VES
NOTE: AREI�S BASEU ON VN11ES WfTHN THE PROPERT' IJNE. � COVER SHEET
LMIDSGPING AND WALKWAVS IN THE RIOHi-0E-WAY WAS NOT xi �/�.: �. ' �.'..:�. v:'� BUILDING ARFA
CONSIDERED IN THIS AN�ILVSIS. ` � r
"P�ECf t.OG1710N ' 1STROOR: 4,6088F
�� � ,� 2ND FLOOR: 4,483 6F
PARqNG W/ LAND9CAPNG AREA BB'.�.18F 700.00% ... . � � .. y � % 70TAL• B.BYB 6F
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Cdi$ULTANTS.
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`" i TO7AL HC SPACES PROVIDm �1
BICVCLE RACK 1 PROVNED /�
I I 3 VANS TO BE PARI�D AT OlHER BUSINE83 LOCATION � 197Z0 STEVENS CREEK BLVD. I N O . 1
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RENSIONS
ARFA - 230 SF
, CONPUTER RM p�L. LOAD � 20 �
TOTAL OCC. � 1 e
PRESCHOOL CUSSROqA -S m
� CLASSRDOM -4 �
CIASSR00A1 -5 � . AREA = 790 SF Q
AREA � 198 SF �� �� 98 SF OCC. LOAD � 35
OCC. LOAD e 20 �C. LOAD � 20 TOTAL N0. OF PRE-SCHOOL STUDENTS TOTAL OCC. � 23 �i
TOTAL OCC. � 7 TOTAL OCC. 1 ALLOWED ON 1ST FLOOR � 67
TOTAL N0. Of AFIER SCHOOL S7UDENTS TOTPL N0. OF AFfER-SCHOOL STUDENTS
IXJ 2nd FLOOR ALLOWED e 88 pCC ON 1et FLOOR TO BE ENROLLm � 20
S� :�
TOTAL N0. OF AFfER SCHOOI S1l1DENT5 ON (N) CHILD � w
2nd FLOOR TO BE ENROLLED � 52 OCC CLASSROOM -6 CLlSSROOM -3 T LEf ��
AREA 798 SF U O�
AREA = 19 c SF OCC. LOAD =20 ���
OCC. LOAD 20 TOTAL OCC. =10 �
N TOTAL OCC. = 1
.� � �
(E) E7CTEPoOR � (E) EXTERIOR PRESCHOOL CLASSROOM -2 a o� U
STAIRS CLASSROOM -2
Cl15SR00M -7 N � AREA � 800 SF � p� Q
ARE4 � 187 SF OCC. LOAD 35 �
OCC. LOAD � 20 0 � �� 8 S � P TOTAL OCC. � 23 � V� U
,�,� o��. _ , �w ��. � ,0 3 � � o
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REF. GIRLS BOYS � \ CLASSROOM -t �� J ��EDWIN S
�pR � AREA = 405 SF * No. C73762 *
OCC. LOAD � 20
TOTAL OCC. s 20 Ren.: 11/30/17
TO P �� m ( QEC. RIA '�'.�r ��
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OF'FICE AREA ° 274 SF DN BREAK RM
TEACHERS RESOVRCE C. LOAD � 20 PRESCHOOL CVSSROOM -7
ROOM AREA � 27? SF TOT� �. ° 7 AREA � 735 SF
AREA - 438 SF occ. �o� . �o oCC. LonD � 35 7ST FLOOR PLAN
C. �onD . io TOTAL OCC. � 3 To7� occ. � 2t 2ND FLOOR PLAN
TAL OCC. � 5
. pala: 047611
PmJsclp 1W0
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_ - - - _ _ _ _ _ _ _ _ - - 2 = _ _ _ _ - 2 = 2 _ _ _ _ _ _ _ _ _ —_ 2 � _ 2 7. IXISfINC SfUCCA FlNISH !
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— . — — � = 4. EXISTING N7NDOW TO BE REMOVm SMMTM:
' � � /� ' � ' � � 5. IXISTING DOOR TO REMAIN
"'Q� I 6. IXISTING DOOR TO BE REAIOVED EXTERIOR
. 8 Og /�� � g 8 /� 9 . _ gO 7. NEW DOOR TO MATCH E%ISfING ELEVATIONS
//� // // O3 / / �o� Q 3 3 3 O.
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OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95074-3255
(408) 777-3308 • FAX (408) 777-3333 • planningClcu�ertino.or�
CUPERTINO
PLANNING COMMISSION STAFF REPORT
Agenda Item No. Agenda Date: Apri126, 2011
Application: Referral of a Director's Minor Modification, DIR-2010-26
Applicant: Raymond Jerome Lami
Application Summary: Referral of a Director's Minor Modification, DIR-2010-26,
modifying 20-U-86, to allow the operation of a farmers' market
at the existing Oaks Shopping Center, 21275 Stevens Creek
Boulevard.
RECOMMENDATION:
Approve Director's Minor Modification, DIR-2010-26, based on the model resolution
(Attachment 1).
BACKGROUND:
The applicant, Jerry Lami, is proposing to operate an outdoor farmers' market at the
Oaks Shopping Center on Stevens Creek Boulevard at Highway 85 (Attachment 2). In
2000, Cupertino's original farmers market (managed by a different operator) at Vallco
Shopping Center was approved by the Director of Community Development on a
temporary trial basis. The market proved to be so successful and popular over the next
two years that the organizer and shopping center owner obtained a permanent
approval in 2002. Currently, the Vallco farmers market operates every Friday from 9
a.m. to 1 p.m. at Stevens Creek Boulevard and Wolfe Road.
The proposed new market at the Oaks Shopping Center will operate in the shopping
center parking lot along the Highway 85 sound wall (see Attachment 3 for the location
map). It should be noted that the area proposed for the farmers' market was also part
of the area approved for redevelopment into a hotel and mixed use commercial
building in 2008, and expiring in 2012. The market would be discontinued once the
redevelopment project is underway. The proposed project requires an amendment to
the Master Use Permit (20-U-86) for the Oaks Shopping Center. Due to the
neighborhood controversy, the Director has referred the project to the the Planning
Commission for a final decision.
Referral of DIR-2010-26 Oaks Farmers Market Apri126, 2011
Page 2
Design Review Committee Hearing
On March 17, 2011, the project was presented before the Design Review Committee
(DRC) for public testimony (Attachments 4& 5). At the meeting the Director of
Community Development noted that the DRC meeting was only to hear public
testimony and that project would be brought before the Planning Commission for
review and final action.
DISCUSSION
Farmers' Market Operation
The applicant is proposing to start with a Sunday market with opening hours from 9
a.m. to 1 p.m. Typical setup and clean up times are approximately 1.5 hours before and
after the opening hours for a total timeframe of 7:30 a.m to 2:30 p.m. The proposed
market area is the most westerly parking lot aisle, encompassing 105 parking stalls,
which the applicant estimates can accommodate a maximum of 60 vendors who will be
offering products such as: fruits/vegetables (Department of Agriculture-certified),
baked goods, processed foods, dairy items, hot foods, flowers, plants, arts and crafts,
jewelry and photography.
The applicant plans to expand the market to a second day on Wednesdays, starting in
April 2012, if there is demand for a mid-week, evening market. The Wednesday
market hours will be 3:00 p.m. to 7:00 p.m. with a total timeframe of 1:30 p.m. to 8:30
p.m., allowing for an hour and a half for setup and another hour and a half for clean up
before and after the market hours.
Key Issues
Staff has identified the following key issues and placed conditions in the resolution to
address them.
➢ Portable Toilet Facilities - The applicant has proposed providing portable toilet
facilities and a hand-washing station for customers located near the shopping
center's existing trash enclosure at the northern property boundary. The facilities
will be removed after each market event. A condition has been added to prohibit
any portable toilet facilities and washing stations along Mary Avenue or other
highly visible areas as determined by the Director of Community Development.
➢ Loading/ Unloading - To mitigate potential noise from loading and unloading the
portable facilities and visual effects, staff recommends that the facilities be moved to
the opposite end of the market closer to Stevens Creek Boulevard. This portion of
the shopping center is partially below the Stevens Creek Boulevard grade and
screened by perimeter landscaping and will have minimal visibility to passing
motorists.
➢ Outdoor Live Entertainment - In order to be consistent with the recent City Council
Referral of DIR-2010-26 Oaks Farmers Market Apri126, 2011
Page 3
approval of interior live entertainment activities at the Oaks Shopping Center, staff
is recommending a prohibition of outdoor live entertainment activities at the
proposed market.
➢ Cleanup - The applicant will be responsible for cleaning up the parking lot after each
market event.
➢ Review of Operations- Staff is recommending an automatic one year review of the
permit.
Parking
Presently the Oaks Shopping Center parking supply exceeds the City's shared parking
requirements by about 65 parking stalls. In reality, actual parking utilization at the
shopping center is far less than what is required by the City's parking code.
The proposed market site is in an underutilized parking lot area at the Oaks Shopping
Center. Vendor parking will be primarily in the market area and secondarily on Mary
Avenue. Customers can park in the shopping center parking lot or on the street
parking along Mary Avenue, which has no specific vehicle parking restrictions, other
than no parking between the hours of 2:00 a.m. to 5:00 a.m.
Staff surveyed parking availability at the Oaks Shopping Center for selected parking
areas close to the proposed market as indicated on the map on an hourly basis
(Attachment 6) on Sunday morning, March 27�, and Wednesday afternoon, April 13�,
with the following observations and conclusions (Attachment 7):
SundaUs
On Sunday morning the studied parking areas had little utilization and no one parked
in the angular parking spaces on Mary Avenue near the shopping center. Staff counted
only the angular parking on Mary Avenue up to the Glenbrook Apartment driveway
abutting 10240 Parkwood Drive.
During the surveyed hours, there was an average of 265 empty parking stalls in the
surveyed shopping center parking areas (not including spaces that were occupied by
existing tenants). The shopping center could accommodate the entire market area (105
parking stalls), the vendor vehicles (60 parking stalls) and the estimated parking
demand from the additional retail customers (45 parking stalls) and there would still be
55 empty parking stalls in the selected shopping center parking areas and 145 nearby
Mary Avenue angular parking stalls.
WednesdaUs
On Wednesday afternoon, there was an average of 211 empty parking stalls in the
surveyed shopping center parking areas. On-street parking on Mary Avenue next to
Referral of DIR-2010-26 Oaks Farmers Market Apri126, 2011
Page 4
the shopping center was heavily used by De Anza College students and an average of
70 stalls were available of 145 counted. The shopping center could accommodate the
entire market area (105 parking stalls), the vendor vehicles (60 parking stalls) and the
estimated parking demand from the additional retail customers (45 parking stalls) and
there would be one empty parking stall in the selected shopping center parking areas
and 70 nearby Mary Avenue angular parking stalls.
Traffic
The market will be held during off-peak hours for the shopping center. For the
purposes of transportation planning/traffic management, the City considers the level of
congestion at signalized intersections during the AM and PM peak traffic periods.
These peak periods occur on the weekdays during "rush hour". Sunday morning traffic
flows are not a concern because of the absence of employment and De Anza College
commuter traffic on Sundays.
Wednesday afternoon traffic flows/congestion is also within acceptable City-adopted
traffic congestion standards. A traffic analysis was conducted for a redevelopment
project at the Oaks Shopping Center, consisting of a 122-room hotel and a 51,000 square
foot, mixed use, commercial building. The approved, but unbuilt project would
generate more traffic than the proposed farmers' market (�11,300 square foot vendor
area) and the larger project was determined to comply with City traffic congestion
standards.
Other Agency Comments
The following is a summary of comments received from Public Works Department, Fire
Department and the Sheriff's office:
• City Public Works Department has no concerns about the project other than that
vehicular circulation be maintained around the shopping center, which is being
accomplished (Attachment 3)
• Santa Clara County Fire Department has reviewed and supports the project
contingent on compliance with fire prevention regulations
• Santa Clara County Sheriff's Office has no concerns, other than the operator should
provide portable toilet facilities and a hand-washing station as proposed
Public Outreach � Comments
Cit� Noticing
Public hearing noticing for the Design Review Committee hearing was a 300-foot radius
of property owners around the shopping center perimeter. Further, staff contacted the
onsite Glenbrook Apartment manager and provided hearing notices for the renters at
the manager's office. Staff also requested that the shopping center owner inform the
center merchants. Also public hearing notices were delivered by staff to each center
merchant.
Referral of DIR-2010-26 Oaks Farmers Market Apri126, 2011
Page 5
Private NoticinQ
The Glenbrook Apartments owner also sent a private mailing prior to the Design
Review Committee hearing to numerous residents in the Mary Avenue neighborhood.
The applicant distributed a notice for a neighborhood meeting on Apri114, 2011 at City
Hall; noticing included Cupertino Commons, Glenbrook Apartments, Casa De Anza
and the single-family residential neighborhood north of the Oaks Shopping Center to
the Mary Avenue Bridge entrance. Three neighbors attended the neighborhood
meeting, along with the applicant and a City staff person. Discussions at the meeting
revolved around the farmers' market operations and parking/traffic implications
around the area.
Public Comments
Public comments against the project (Attachment 8) are summarized as followed. It
should be noted that some of the residents' comments related to a mistaken perception
that the project was a festival or flea market and portable bathroom facilities were going
to be located along Mary Avenue. Staff has addressed a number of the concerns with
additional conditions bf approval for the project related to loading/unloading, location
of portable toilets and noise issues.
• Increased noise and disruption
• Commercialization of neighborhood
• Decreased privacy, quality of life and property values
• Increased traffic (pedestrian & vehicle), parking congestion, littering, crime
• Overflow parking into the Glenbrook Apartments
• Smells from food trucks and porta-potties
• Not needed because City has Vallco Farmers' Market and Whole Foods store
• Already too many activities in the area: monthly De Anza Flea Market, Memorial
Park festivals, Shakespeare in the Park, De Anza Flint Center events, Senior Center
activities, proposed dog park.
• Harm existing Oaks businesses by crowding parking lot.
• Property owner at Glenbrooks would have to discount rents for apartments along
Mary Avenue.
• The shopping center owner noted that they were not charging the applicant to host
the farmers' market on the property and if the porta-potties are a concern, they
could be moved to a different location.
Supporters of the farmers' market had the following remarks (Attachment 9):
• Like the convenience of walking to a market to buy produce. Wori t waste gasoline
driving
• Needed addition to our neighborhood
Referral of DIR-2010-26 Oaks Farmers Market Apri126, 2011
Page 6
• Need more foot traffic in the shopping center.
• Like to have fresh, local produce
• Would benefit the community and give local farmers much needed support
• Weekend market more convenient for me than the weekday Vallco market
• Good location for a farmers' market, within walking distance
• Provides the neighborhood with a weekly social event
• Brings shoppers to the Oaks Shopping Center on an otherwise slow shopping day
• It is something healthy for Cupertino
• Most market-goers tend to be courteous, law-abiding people who simply enjoy real,
local, fresh food
• Benefits outweigh the impact
Staff Recommendation
Staff recommends approval of the application, DIR-2010-26 for the following reasons:
➢ The proposed farmers' market provides an opportunity for the community and
neighborhood to gather together in a Heart of the City commercial location that has
convenient street and freeway access.
➢ The proposed market gives residents the convenience of buying farm fresh produce
in their own community on a non-work day.
➢ Shopping center parking availability is adequate to accommodate the market area,
vendors and estimated customer parking demand. The availability of surplus
parking on Mary Avenue will ensure that vehicle parking and other encroachments
do not overflow into adjacent residential areas.
➢ Potential concerns with the sight and smell of portable bathroom facilities can be
mitigated by moving them to a different location at the shopping center and
requiring their removal at the end of each market event.
➢ Potential concerns with trash and littering will be addressed by having the vendors
and market operator responsible for clean up after each market event.
➢ Potential noise concerns have been addressed with conditions of approval moving
loading/ unloading nearer to Stevens Creek Boulevard and by prohibiting outdoor
live entertainment.
Prepared by: Colin Jung, AICP, Senior Planner
Reviewed by: Approved by:
Gary Chao Aarti Shrivastava
City Planner Community Development Director
Referral of DIR-2010-26 Oaks Farmers Market Apri126, 2011
Page 7
Attachments:
Attachment 1: Model Resolution
Attachment 2: Project Description
Attachment 3: Market Location Map with Vehicle Circulation
Attachment 4: Design Review Committee Staff Report dated March 17, 2011
Attachment 5: Design Review Committee March 17, 2011 Meeting Minutes
Attachment 6: Parking Availability Area Location Map
Attachment 7: Parking Availability Survey Data Tables
Attachment 8: Correspondence Opposing the Project
Attachment 9: Correspondence Supporting the Project
G:planning/PDREPORTS/pc DIR reports/DIR-2010-26
DIR-2010-26
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6632
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A REFFERAL OF A DIRECTOR'S MINOR MODIFICATION
TO ALLOW A FARMERS' MARKET AT AN EXISTING SHOPPING CENTER
AT 21275 STEVENS CREEK BLVD.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a referral of a Director's
Minor Modification, 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 Design Review Committee 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 Director's Minor Modification 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. DIR-2010-26 as set
forth in the Minutes of the Planning Commission Meeting of April 26, 2011, are incorporated by
reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2010-26
Applicant: Raymond Jerome Lami
Location: 21275 Stevens Creek Boulevard
Resolution No. 6632 DIR-2010-26 Apri126, 2011
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted exhibits labeled: Attachment 2& 3, except as may be
amended by conditions in this resolution.
2. COMPLIANCE WITH REGULATIONS OF OTHER REGULATORY AGENCIES AND
DEPARTMENTS
The applicant shall be responsible for securing and complying with all of the necessary
permits and approvals from other government agencies and departments.
3. FINAL FACILITIES PLAN
The applicant shall submit a final facilities plan to the Director of Community Development
for approval prior to operation. The plan shall include the delineation of areas for vendor
parking, customer parking, portable toilet and washing facilities and any temporary and
directional signage for vehicles. Changes to the facilities plans shall be reviewed and
approved by the Director of Community Development.
4. VENDOR CIRCULATION PLAN
The applicant shall provide a vendor circulation plan, with the objective of minimizing
traffic on Mary Avenue, to the Director of Community Development for review and
approval. The circulation plan shall be provided to the Planning Commission as an
information item.
5. OPERATIONS
a) The market shall be operated within the area delineated on the site plan exhibit, but only
in the parking area encompassed within the double- vehicle loaded parking aisle.
b) The market is capped at a maximum of 60 farmers/vendors.
c) The market is approved to operate on Sundays between 9:00 a.m. to 1:00 p.m., allowing
for one and a half hours for set up before the market opens and one and a half hours for
break down and clean up after the market closes at 1:00 p.m. The market shall not
operate on the same Sundays as the Cupertino Cherry Blossom Festival or the 4� of July
Celebration.
d) Outdoo r live entertainment activities are prohibited at the market.
e) Vendors that will be cooking food on-site shall be located in the southern side of the
market closer to Stevens Creek Boulevard.
� Portable toilet facilities and a hand-washing station shall be provided at each event and
sited away from Mary Avenue at the southern end of the market area.
g) The portable toilet facilities and hand-washing station shall be removed at the conclusion
of each market event.
h) The market site shall be swept cleaned and all trash removed at the end of each market
event.
i) Trash shall be picked up around the parking stalls on the southerly/westerly side of
Mary Avenue from the northerly driveway of the Glenbrook Apartments to the Oaks
Shopping Center.
Attachment 2
WEST COAST FARMERS MARKET ASSOCIATION UPDATED OPE��.,..,,.. ...�...
FOR THE CUPERTINO OAKS
Our amended day of operation will be Sunday instead of Saturday as
requested by the planning department, this will eliminate the possibility of any
crowds arising from the De Anza Flea Market. Our market hours will be from 9A.M.
to 1P.M., with an hour and one half allowed for early set up, at approximately
7:30A.M. Clean up will run approximately one hour to one and one half hours, all
vendors will be gone between 2:00 and 2:30 after picking up and taking all their
trash with them.
Myself, and my son joe will begin the market as managers, and we will add
one to two assistants as we progress, we will be on hand from the opening to the
closing of the market. We will make sure everything runs smoothly and oversee the
market, market flow, car traffic flow, check on all the guide lines of the market and
clean up through out the day, we will also maintain an information booth.
Porta -Potties will be provided and placed near the maintenance office by
Mary avenue. These will have a hand-washing sink and will be cleaned weekly
before every market. This is where the shopping center currently has refuse cans
etc.
The market will be certified by the department of agriculture and will be run
with their suggested policies. As directed by the department of agriculture we will
have produce with produCe (vegetables), fruits with fruits followed by bake goods,
processed foods dairy items, honey, eggs, hot foods, flowers, plants, arts, crafts,
jewelry, and photography.
We will set an appointment with the Fire Marshall and invite them to our
opening day. We will be following all the rules and regulations as set by the Fire
Marshall. We will be registered with the Santa Clara County department of
Environmental Health. All fees will be paid for both start up and for our bi annual
inspections.
The market will physically be placed along the Highway 85 border of the
Cupertino Oaks Shopping Center. All vendors will be placed within the boundaries of
the shopping center. The market has space for up to approximately one hundred
tents, one major point I failed to mention is that many vendors require more than
one tent space. Some use as many as three to four tents, depending on the size of the
farm and the number of items grown. This fact alone will diminish the vendor count
downward towards the fifty to sixty range, if we are successful in attracting that
many vendors. Each space will be ten feet wide and sixteen feet deep, Vendors
arriving early will be allowed to park behind their tents.
Traffic flow will be both one and two way traffic, depending on the area and
width of the traffic lanes. (see maps!).
All live Entertainment will be placed within the center of the market, so that
any and all noise will be contained within the market itself.
Our Sunday Market will start somewhere between 30-45 days after obtaining
our permit from the city. There is still much do in order to open with all the proper
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