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U-2013-07b City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT I ld{�► FAX (408) 777-3333 Community Development Department August 14, 2013 Professional Design Attn: David Perng 10268 Bandley Dr. #102 Cupertino, Ca. 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER-U-2013-07 This letter confirms the decision of the Planning Commission, given at the meeting of August 13, 2013, approving a Conditional Use Permit to convert a two-story office building into a child care use, located at 21685 Granada Avenue, according to Planning Commission Resolution No.(s) 6721. Please be aware that if this Permit is not used within a two-year period, it shall expire on August 13, 2015. Also, please note that an appeal of this decision can be made within 14 calendar days from the mailing of the notice of the decision. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, George Schroeder Associate Planner Planning Department Enclosures: Resolution 6721 Cc:Hua Tian,2940 Scott Blvd,Santa Clara,Ca 95054 Organization of Special Needs Families, 10823 Willowbrook Way,Cupertino Ca 95014 g:/planning/post hearing/actionletterU-2013-07 U-2013-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6721 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A CONDITIONAL USE PERMIT TO CONVERT A TWO-STORY OFFICE BUILDING INTO A CHILD CARE USE LOCATED AT 21685 GRANADA AVENUE SECTION I: PROJECT DESCRIPTION &RECITALS Application No.: U-2013-07 Applicant: David Perng (Organization of Special Needs Families) Property Owner: Hua Tian Location: 21685 Granada Avenue (APN 357-17-031, 357-17-032) Subject: Conditional Use Perxnit to allow a child care center. WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional Use Permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission held a public hearing on August 13, 2013 in regard to the application; and NOW, THEREFORE,BE IT RESOLVED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter,the Planning Commission hereby approves Application no. U-2013-07 based upon the findings described in section II of this resolution, the public hearing record and the Minutes of Planning Commission Meeting of August 13, 2013, and subject to the conditions specified in section III of this resolution. SECTION II: FINDINGS 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; The child care center 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 because it will be located within a mixed use light industrial, neighborhood commercial, and residential district, which includes a variety of different land uses. The City has approved other child care centers in the neighborhood and has no recorded history of complaints associated with parking, pick-up and drop-off, noise, and other operational issues. Resolution No.6721 U-2013-07 August 13,2013 2. The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, the purpose of the City's zoning ordinances, and complies with the California Environmental Quality Act(CEQA). The proposed child care center is consistent with and will be conducted in a manner in accord with the General Plan, zoning ordinance, and CEQA. For example, the project will be required to allow connections with adjoining sites (GP Policy 2-2 and 2-24) and provide a safe parking lot (GP Policy 4-1). The conditions of approval contained in this resolution further reduce the likelihood of adverse impacts to surrounding properties. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on the plan set received July 24, 2013 consisting of two sheets labeled A-1 and A- 2, entitled, "Organization of Special need Family (sic), 21685 Granada Ave, Cupertino, CA 95014," drawn by Professional Design; and the business plan received July 24, 2013 consisting of six pages entitled, "Organization of Special Needs Families," except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. BUILDING PERMITS The applicant shall consult with the City Building Division to obtain the necessary building permits for the conversion to child care use. This use permit shall be considered null and void and of no effect if a building permit is not filed and accepted by the City (fees paid and control number issued) within the expiration date specified in the municipal code. In the event that a building permit expires for any reason, the use permit shall be null and void. 5. BUSINESS LICENSE Prior to final occu�a� the business owner shall obtain a City of Cupertino business license. 6. PREVIOUS CONDITIONS OF APPROVAL The following previous conditions of approval for the project site shall remain in effect: Z-1980-40 • All conditions U-1985-17 • Conditions #18, 19, 20, 25, and 26 Resolution No.6721 U-2013-07 August 13,2013 7. USE APPROVAL Approval is granted for a child care facility with 13 total enrolled children and 2 staff persons onsite at any given time. Any changes in the operation parameters outside of this approval must be reviewed and approved by the City. 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) and City parking requirements. 8. TOTAL AVAILABLE PARKING There shall be a minimum of two available parking stalls onsite. One additional on-street stall directly in front of the site may be used for the sole purpose as a pick-up and drop-off zone during peak hour times unless revoked by the City Engineer. If this occurs, the applicant shall work with the City to review alternate locations. Any proposed intensification of the approved uses shown on the development plans (i.e. increases in approved child or staff counts) will require City review and approval and potential additional studies at the applicant's expense. 9. FINAL 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 day care, the applicant shall submit a final children pick-up and drop-off plan to the City for review and approval prior to the release of final occu�anc�. 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 pick up and drop off times. In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised plan to the City for approval. 10. LOT MERGERS Prior to final occupancv, the property owner shall obtain necessary approvals with the City and County to merge the two existing onsite parcels (APNs 357-17-032 and 357-17-031) into one parcel. 11. INGRESS/EGRESS EASEMENT T'he applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that border this property. The deed restriction shall provide for necessary pedestrian and vehicular reciprocal ingress and egress easement to and from the affected parcels. T'he easements shall be recorded prior to issuance of final occu�ancy. 12. 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 Community Noise Control Ordinance, Cupertino Municipal Code chapter 10.48. If there are documented violations of the Community Noise Control Ordinance, the Director of Community Development or Noise Control Officer has the discretion to require noise attenuation measures to comply with the ordinance. Resolution No.6721 U-2013-07 August 13,2013 13. TREE PROTECTION The existing trees to remain shall be protected during construction per the City's Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain riv 'or to issuance of buildin�,�ermits. A report ascertaining the good health of these trees shall be provided prior to issuance of final occu�ancv. 14. FINAL LANDSCAPE PLAN Prior to issuance of buildin��ermits, the applicant shall submit a final landscaping plan in conformance with the City's Landscape Ordinance (Chapter 14.15). If the landscaping area (defined by section 14.15.030) is greater than 2,500 square feet, then a full landscape project submittal per section 14.15.040 is required �rior to issuance of building permits. a. Screening landscaping shall be considered along the outdoor play area and parking spaces. b. A six inch continuous flat curb is required for the landscape buffer. 15. FINAL FRONTAGE DETAILS The final street frontage details, including, but not limited to pick-up and drop off area, fencing and gate, landscaping and street furniture shall be subject to review and approval by the Director of Community Development in consultation with the Director of Public Works�rior to building permit issuance. 16. FINAL FENCING DESIGN The final play area fencing design shall be subject to the approval of the Community Development Director prior to issuance of building permits. 17. FINAL LIGHTING PLAN All new lighting must conform to the standards in the Parking Ordinance (Chapter 19.124) and General Commercial Ordinance (Chapter 19.60), and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Community Development Director prior to buildin� permit issuance. Prior to final occu�ancy, a licensed lighting consultant shall confirm that the lighting is in compliance with the City's standards. 18. SIGNS Signage is not approved with this use permit application. Signage shall conform to the City Sign Code. 19. ROOFTOP EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of buildin��ermits. 20. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and Resolution No.6721 U-2013-07 August 13,2013 the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. 21. UTILITY STRUCTURE PLAN Prior to issuance of building�ermits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utlity structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 22. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. 23. RECYCLING OF DEMOLISHED BUILDING MATERIALS All demolished building materials shall be recycled to the maximum extent possible. 24. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 25. REVOCATION OF USE PERMIT The Directar may initiate proceedings for revocation of the Use Perxnit in any case where, in the judgment of the Director, substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or where the permit is being conducted in a manner detrimental to the public health, safety, and welfare, in accord with the requirements of the municipal code. 26. EXPIRATION 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. 27. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 28. 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 Resolution No.6721 U-2013-07 August 13,2013 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. Building Division: 29. ACCESSIBILITY UPGRADES Since there is a request for a change of use, building accessibility upgrades are required to bring the site and building into full compliance with the 2010 California Building Code. 30. BUILDING OCCUPANCY The change of use to a child care use requires that the building be converted to an "E" occupancy. 31. CODE REFERENCE The codes that apply to this approval are the 2010 California Building Code, California Mechanical Code, California Plumbing Code, California Fire Code, and the California Electrical code. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. TRASH FACILITIES Per Public Works Department requirements, the property owner must ensure that all lids for trash, recycling, and yard waste bins remain closed when material is not being deposited into them. Bins are not to be overfilled, material is not permitted to be stockpiled alongside bins and the area in and around the bins shall be kept clean at all times. A yard waste bin is required at the property for food waste and organics. Lack of compliance with the City's litter control measures will result in a notice of violation and a fine. 2. PICK-UP/DROP-OFF ZONE A one-car pick-up and drop-off zone will be permitted along the property frontage. The drop-off zone may be revoked at the discretion of the City Engineer. The zone will be time limited to coincide with the period of heaviest drop-off traffic to the property. The applicant shall work with the Public Works Department to establish acceptable times. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. LICENSING This facility will be required to obtain licenses from the State of California Departme nt of Social Services Community Care Licensing Division. The County Fire Department will review the facilitiy and report back to CCLD with their findings. Resolution No.6721 U-2013-07 August 13,2013 SECTION VI: CEQA REVIEW The conditional use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15303 (Conversion of Small Structures) of the CEQA Guidelines because it relates to the conversion of an existing small structure (not exceeding 2,500 square feet) from one use to another where only minor modifications are made to exterior of the structure. PASSED AND ADOPTED this 13th day of August, 2013, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Sun, Gong,Takahashi, Lee NOES: COMMISSIONERS:none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: Vice Chair Brophy ATTEST: APPROVED: /s/Gary Chao /s/Don Sun Gary Chao Don Sun City Planner Chair, Planning Commission G:\Planning\PDREPORT\RES\2013\U-2013-07 res.doc � 0 0 0 o p o 0 O O 0 0 0 o a � � DOST.TRER NEW 4' H. RWD. 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