Reso 079CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 79
OF 7Cl-][]E ADMINSTRATIV E HEARING MEETING OF THE CITY OF CU P]ERTINO
MODIFYING AN ]EXISTING USE PERMIT TO ALLOW A DAYCARE USE TO
OPERATE A1' 940 S. ST EL LINO ROAD
SECTION ie ]PROJECT DESCRIPTION
Application No.: U-2016-02
Applicant: Diane Hsu (Christian Light and Salt ]Foundation)
Location: 940 South Stelling Road (A]PN 359-25-041)
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an application
to allow a modification to an existing Use ]Permit to allow a daycare center° to operate in a
Quasi -Public Building Zone; and
WHEREAS, the project is categorically exempt from the California Environmental Quality Act
(CEQA)% and
WHEREAS, the necessary public hearing notices have been given as required by the ]Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer 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 Administrative Hearing Officer finds:
1. The proposed development and/or 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;
A daycare 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. Noise impacts from the proposed project would be mitigated by new or
existing wooden fences located on the site or at the shared property lines. The proposed
use provides a convenience to the community, including potentially low-cost child care
services.
Resolution No. 79 U-2016-02 ]February 23, 2017
Mage 2
2. The proposed development and/or use will be located and conducted in a manner in accord
with the Cupertino Comprehensive General flan, underlying zoning regulations, and the
purpose of this title and complies with the California ]Environmental Quality Act (CIEQA).
The proposed project is consistent with and will be conducted in a manner in accordance
with the General Plan, Zoning Ordinance and is consistent with previous approvals. The
proposed use will be reviewed further by the CA State Department of Community Care
Licensing, Building Department and Fire Department to ensure compliance with rules
and regulations for pre-schools. Furthermore, the use is categorically exempt under
CEQA in that the proposed project involves negligible changes to an existing use.
NOW, THEREFORE, BE 1T RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section ill and IV of this
Resolution beginning on Mage 2 thereof, the Application No. U-2016-02 is hereby approved; and
that the sub -conclusions upon which the fundings and conditions specified in this Resolution are
based and contained in the public hearing record concerning Application 1U-20.6-02 as set forth
in the Minutes of the Administrative Hearing Meeting of February 23, 2017, and are incorporated
by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMM -UNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "'Playground Fuurniture Installation at Good
Shepherd Christian Church, 940 S. Stelling Road, Cupertino CA" consisting of six (6)
sheets labeled as A0.1, A1.1, A1.2, A2.1, L-1 drawn by RCJSA Corporation, two (2)
sheets from Playcraft Systems, and project description dated received January 5, 2017,
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 plata may invalidate this approval and may require
additional review.
3. ANNOTATION ION 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.
Resolution No. 79 U-2016-02 February 23, 2017
Page 3
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DID[ -2016-34 shall be applicable to this
approval.
5. ]PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval, in accordance with 6-U-86, Resolution No.2777 as
approved by the ]Planning Commission on February 3, 1986, and the modification the
use permit M-2009-05, Resolution No. 6559 as approved by the ]Planning Commission on
June 23, 2009, shall remain in effect except as may be amended by conditions contained
in this resolution.
6. ALLOWED USES
A private school/daycare use is allowed to operate on the site between the hours of 8000
a.m. and 6030 p.m. for a maximum of 70 students. Staff may arrive as early as 7000 a.m.
The private school/daycare operator shall designate a point of contact and monitor for
all complaints, circulation, parking and other onsite activities.
7. TRAFFIC MANAGEMENT ]PLAN
The private school/daycare operator will in their welcome packages, and with on-site
signage, inform. parents/guardians of enrolled students that, in the interests of being
good neighbors, on -street parking should be avoided, including during pick up and
drop off.
8. REVIEW OF NOISE GENERATION
The City shall conduct a periodic review of the noise generated by the use to ensure
consistency with Cuupertino Municipal Code Chapter 10.48: Community Noise Control.
9. NEW DRIVEWAY APPROACH
The property owner shall work with the Department of ]Public Works to study and
implement a new driveway approach, where feasible, along South Stelling ][load. If -
feasible, the driveway approach is to be completed prior to occupancy of the private
school/daycare use.
10. FUTURE REVIEW OF USE PERMIT
In the event of any documented substantial problems, the City reserves the right to
review this use permit at any time for additional mitigation measures or revocation of
the use permit.
11. SIGNAGE
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to installation of
any signage on site. Signage shall conform to the City's Sign Ordinance.
Resolution No. 79 U-2016-02 February 23, 2017
]Page 4
12. CONSULTATION WITH ®TlE-1]ER 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.
13. INDEMNIFICATION
]Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third panty against one or more of the indemnified parties or one or more of the
indemnified panties and the applicant to attack, set aside, or void this ][resolution or any
permit or approval authorized hereby fon the project, including (without limitation)
reimbursing the City its actual attorneys' fees and costs incurred in defense of the
litigation. The applicant shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
14. 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 ADMINST ERED BY THE ]BUILDING DEPARTMENT
15. BUILDING PERMIT ISSUANCE
A building permit is required for the alteration to the classrooms and the installation of
the playground structure to guarantee compliance to the 2016 California building
Codes.
Resolution No. 79 U-2016-02 February 23, 2017
Page 5
]SASSED AND ADOPTED this 23rd day ®f ]February, 2017 at a noticed Public Hearing of the
Administrative Hearing Officer ®f the City ®f Cupertino, State ®f California, held by the
Director ®f Community Development, or his or her designee, pursuant t® Cupertino Municipal
Code Sections 19.12.120.
ATTEST:
/s/Erick Serrano
Erick Serrano®
Associate Planner
APPROVED:
/s/Ben iamin Fu
Benjamin Fu
Asst, Direct®r ®f Community Development