PC Summary 04-14-2020
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
To: Mayor and City Council Members
From: Benjamin Fu, Director of Community Development
Date: April 20, 2020
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE April 14, 2020
Chapter 19.12.170 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
U-2019-006, ASA-2019-010, Devan Namboodiri/Gryphon Creek, 10041 N Blaney Ave and 20015
Stevens Creek Blvd
Use Permit and Architectural and Site Approval to allow the conversion of two existing retail
buildings to a preschool and after school program, with associated site modifications to provide for
required outdoor play facilities. (Vidyarambh…The Right Beginning).
Action
The Planning Commission approved the application(s) on a 5-0-0 vote
Enclosures: Planning Commission Report April 14, 2020
Planning Commission Resolution(s) 6898 & 6899
Plan Set
PLANNING COMMISSION STAFF REPORT
Meeting: April 14, 2020
Subject
Use Permit and Architectural and Site Approval to allow the conversion of two existing
retail buildings to a preschool and after school program, with associated site
modifications to provide for required outdoor play facilities. (Application No(s): U-2019-
006, ASA-2019-010; Applicant: Devan Namboodiri/Gryphon Creek; Location: 10041 N
Blaney Ave and 20015 Stevens Creek Blvd; APN(s): 316-23-036 and 316-23-093)
Recommended Actions
That the Planning Commission adopt the proposed draft resolutions to:
1. Find that the approval of the project is exempt from CEQA;
2. Approve the Use Permit (U-2019-006) (Attachment 1);
3. Approve the Architectural and Site Approval (ASA-2019-010) (Attachment 2)
Discussion
Project Data:
General Plan Designation: Commercial/Office/Residential
Special Area: Heart of the City (Central Stevens Creek Blvd sub-area)
Zoning Designation: P (CG, Res) / Planned Development General
Commercial and Residential
Total Building Area 6,358 s.f. (in two buildings)
Total Outdoor Play Area: 5,322 s.f.
Total Students: 120 (90 – Pre-school; 30 – After-school)
Total Employees: 12
Hours of Operation: Office Pre-school After-school
8:00 a – 6:30 p 8:30 a – 6:00 p 12:30 p – 6:30 p
Required Available
Auto Parking: 53 53
Project Consistency with
General Plan: Yes
Zoning: Yes
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 2
Background:
The applicant, Vamadevan Namboodiri, representing Vidyarambh Pre-School/After-
School is requesting a Conditional Use Permit and an Architectural and Site Approval to
convert approximately 6,358 square feet of vacant retail space for classrooms and
approximately 5,322 square feet of existing parking lot and landscaping into a play area
for a pre-school and after school care proposed at two retail buildings. This pre-school is
considered a heritage school in accordance with the licensing of the State of California.
The operator currently has a school in Santa Clara.
The project site is located at the
northwest corner of the
intersection of Stevens Creek
Boulevard and Blaney Avenue
within the Heart of the City
Specific Plan Area (HOC). See
Figure 1. To the north of the
project site are detached single-
family residential uses; to the
south and across Stevens Creek
Boulevard are mixed residential-
commercial uses (Biltmore); to
the west are office uses; and to
the east across Blaney Ave are mixed residential-commercial uses (Travigne).
The proposed pre-school would occupy two vacant one-story buildings across two
adjoining parcels. Both lots are owned by the same entity, Gryphon LLC. One vac ant
building is located at 20015 Stevens Creek Boulevard (identified as Building A), behind
the former Shan Restaurant, and previously was a music store. The other, located at 10041
Blaney Avenue, was a convenience market (Q Mart) which has been vacant since the mid-
2000’s (identified as Building B.)
Analysis:
Daycare Use Limitation in Commercial Districts
The Heart of the City (HOC) Specific Plan allows all permitted and conditional General
Commercial uses with some additional limitations for non-retail (non-sales-tax
generating uses) uses such as pre-schools, daycares or nurseries. Such uses are limited to
occupying no more than 25% of the total building frontage along Stevens Creek
Boulevard and/or 50% of the rear of the building. This criterion was established to ensure
that non-commercial uses that do not involve direct customer service do not dominate a
Figure 1: Site aerial showing the surrounding uses. Blue stars
indicate proposed locations of pre-school.
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 3
commercial site and to also help maintain the overall commercial core experience within
the HOC. The proposed daycare use is within buildings that do not front Stevens Creek
Boulevard and are thus not subject to this limitation. However, childcare use is a
Conditional Use in the General Commercial zoning district per the Municipal Code.
Operations
Vidyarambh Pre-School/After-School’s business program indicates that the school will
have up to a maximum of 120 students with a maximum of 90 pre -school and 30 after-
school students (See Attachment 3). The office hours are between 8:00 a.m. and 6:30 p.m.
with childcare operations being 8:30 a.m. – 6:00 p.m. for the preschool and 12:30 p.m. –
6:30 p.m. for the after-school program. The General Commercial ordinance allows
operations to occur between 7:00 a.m. and 11:00 p.m. Therefore, a Conditional Use permit
is not required for early or late hour operations.
Site Improvements
State law requires that childcare centers provide outdoor play areas for children. The
applicant intends to meet the State requirement by providing approximately 5,322 square
feet of play area to the west and south of the childcare facility, replacing 4 parking spaces.
The location would enable the children to use the play area without having to cross the
driveway or parking lot. The play area would be approximately 20 feet from the single-
family residential buildings to the north, and adjacent to the classrooms.
The total play area (Attachment 7) will consist of:
Soft rubber playground surface around the play structure.
Tables, chairs, sand boxes, and benches
A single play structure with a fall height of 4 feet and the top height being 7 feet.
The applicant is proposing a 6-foot high wood fence around the play area, between
Building’s A and B and along the southern end of Building A along the parking lot. The
applicant is also proposing to replace an existing 3 -foot high chain link fence between
Building B and the residential property to the north with a 6-foot high wood fence. While
the applicant is proposing a 6-foot high wood fence, a review of childcare centers
approved by the City indicates that other play areas have been fenced with a
decorative/open fencing design. A condition of approval has been added to make this a
requirement of this childcare facility as well.
Cupertino Municipal Code Chapter 19.124 requires all new centers and centers with a
twenty-five percent or greater increase in floor area or a twenty-five percent or greater
change in floor area to conform to the parking lot landscape standards of that chapter.
Although this proposal does not cross that threshold, the operator, as part of this
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 4
application, is proposing to install the following site improvements:
Enhanced landscaping within the parking lot area and in front of Building B, that
includes the planting of seven crepe myrtle trees.
To improve traffic circulation in the parking lot area, the applicant has proposed a
more efficient roundabout to direct traffic and slow drivers near the play area.
Seismic upgrades to the walls of the existing buildings.
In an effort to better screen the neighboring office building, the applicant is required to
plant four (4) evergreen trees along the western property line. These trees will need to be
confirmed that they will be able to survive within the confines of the areas in which they
are planted.
Parking
The improvements to accommodate the play area and other site improvements will
eliminate 18 parking spaces, leaving 53 spaces available between the three buildings.
According to the City’s Parking Ordinance, the daycare center is required to provide
nineteen (19) parking spaces (1 space per 6.5 children) based on the proposed number of
children at the facility. When combined with the remaining commercial uses, the total
number of parking required for the site is fifty-five (53) spaces. Therefore, there would be
adequate parking available at the site.
The following table indicates the existing and proposed parking for the site:
Existing Change Proposed Required
Building B (10041
Blaney Ave) 12 0 12 19
(1 space/6.5
students) Building A
(20015 SCB) 59
-18 (due to proposed
playground and parking
lot improvements)
41 Shan Restaurant
(20007 SCB) 34 (120 seats)
Total 71 -18 53 53
The applicant will be required to provide one Class I bicycle parking facility in
accordance with the City’s Parking Regulations under Chapter 19.100 of the Cupertino
Municipal Code.
Trash Enclosure and Shed
Applicant is providing a new trash enclosure that will comply with the City’s standards,
located in the middle of the west parking area. The final trash enclosure design will be
reviewed by the Community Development Director and Public Works prior to building
permit issuance.
In addition to the trash enclosure, the applicant will also install a 120 s.f. shed. In
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 5
commercial zoning districts, accessory structures must meet the setbacks for the primary
structures on the property. The shed is located toward the rear of the property and has a
setback of over 20 feet from both the rear and interior side property lines.
Traffic Considerations
A trip generation study completed by Hexagon Transportation Consultants (Attachment
4) concluded that the use would generate 1,469 less daily trips with 80 fewer peak
morning trips and 30 fewer peak evening trips than the former convenience market and
music store. Therefore, there are no significant traffic impacts. However, the project is
subject to the City’s Traffic Impact Fee (TIF). This has been added as a condition of
approval. The TIF is used to make city-wide roadway and other improvements to
improve the traffic conditions.
Pick-Up and Drop-Off (Circulation)
Drop-off times for pre-school are scheduled from 8:30-10am and pick-up times are
scheduled from 4:30-6:00pm. For the afterschool program, drop-off is between 12:30 -
3:30pm and pick-up is from 5:30-6:30pm. The parking area in front of Building B has been
designed as the designated drop-off area and, in addition, the applicant is designating
two parking spaces in front of the building as pick-up and drop-off stalls. Curbside drop-
off and pick-up on the public streets (Blaney Avenue and Stevens Creek Boulevard) is
not allowed nor proposed. The project has a condition of approval requiring them to
submit a detailed pick-up and drop-off plan. Certain considerations in the plan shall
include the aforementioned as well as discouraging parents from using the easement
connecting the properties to the west during school hours and adding two more drop-off
parking spaces along the building located on Blaney Avenue.
Noise Considerations
A noise study was completed by the City’s Noise Consultant, Environmental C onsulting
Services (Attachment 5). The proposed playground would be located 20 feet from the rear
property line. Based on the operational information provided by the applicant, only two
groups of between 24-32 children would be out in the playground for up to 30 minutes at
a time throughout the day. The study found that the proposed day care activities would
create intermittent outdoor noise levels from 50 to 55 dBA at 25-35 feet from voices and
children activities.
The study concludes that given the limited schedule of the outdoor activities and the
distance between the daycare to the adjacent residential, office and commercial uses, the
project is not anticipated to generate significant noise impacts. Potential noise impacts
from indoors are anticipated to be negligible due to the noise attenuation by the walls and
windows of the building. A condition of approval requires the property owner to
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 6
implement noise attenuation measures if there are documented ordinance violations in
the future.
Environmental Assessment:
The use permit and architectural and site approval are categorically exempt from the
California Environmental Quality Act (CEQA) per the following Sections:
Section 15303 (Conversion of Small Structures) of the CEQA Guidelines because it
relates to the conversion of an existing small structure (not exceeding 10,000 square
feet) in an urbanized area from one use to another where only minor modifications
are made to exterior of the structure. This exemption applies to the proposed project
because there is no addition of square footage to the existing buildings, with
minimal improvements for seismic upgrades and adding a play area in the existing
landscape and parking lot areas;
Section 15332 (In-fill Development Projects) of the CEQA Guidelines because it is
consistent with both general plan policies and zoning designations; is within the city
limits and is surrounded by urban uses; is not recognized as a habitat for
endangered or rare species; would not have a significant impact on traffic, noise, air
quality, or water quality; and can be adequately served by all required utilities and
public services. This exemption applies to the project because the e xisting built out
parcels are less than five acres, currently have access to all utilities, and the pre-
school is a conditional use allowed for the current zoning on the sites. Further, there
would be no impacts to endangered, rare or threatened species as well as any
significant effects to traffic or noise.
Other Department/Agency Review:
The City’s Public Works Department, Building Department, and the Santa Clara County
Fire Department reviewed the project and have no objections.
Public Noticing and Outreach
The following table is a brief summary of the noticing done for this project:
Public Notice Agenda
Site Signage (14 days prior to the hearing)
Legal ad placed in newspaper (at least 10 days
prior to the hearing)
78 public hearing notices mailed to property
owners within 300 feet of the project site (10
days prior to the hearing)
Posted on the City’s official notice
bulletin board (one week prior to the
hearing)
Posted on the City of Cupertino’s
website (one week prior to the
hearing)
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 7
The applicant on February 8, 2020 conducted an outreach meeting onsite to discuss the
proposed pre-school. Notices were sent to neighbors and property owners within a 500 -
foot radius. Approximately 3 residents from the surrounding neighborhood attended.
Two (2) public comments have been received as of the date of production of this staff
report (April 9, 2020). The concerns mentioned include, but not limited to, noise and traffic
impacts, as well as the need for better landscaping. The City’s consultants have completed
analyses of the impacts regarding noise and traffic and found them to be minimal. The
applicant is required to submit a drop-off and pick-up plan that should help to avoid any
impacts with to neighboring properties. The project is further conditioned to add more
landscape screening along the western property line for the benefit of the office
development to the west.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Submission: December 2, 2019; Deemed Incomplete: December 23, 2019
Project Resubmission: January 17, 2020; Deemed Complete: February 4, 2020
Since this project is Categorically Exempt, the City has 60 days (until April 4, 2020) to
decide on the project. The applicant has agreed to have the project determination pushed
to the April 14, 2020 hearing date.
Conclusion
The noise and traffic studies have indicated that the addition of pre-school at the current
location will not significantly impact the surrounding land uses. The site improvements
as proposed by the applicant are an improvement to the existing conditions o f the parking
area and are compatible with the surrounding properties. The existing buildings are not
along Stevens Creek Boulevard, thus not removing any retail along the thoroughfare.
Staff recommends approval of the request since it is not anticipated to have significant
impacts to the neighborhood. Additionally, all the findings for approval of the proposed
project, consistent with Chapters 19.156, 19.168, and 19.60 of the Cupertino Municipal
Code, can be made. Please refer to the draft resolutions (Attachments 1 & 2) for the
detailed explanation on how the project meets each specific finding.
NEXT STEPS
The Planning Commission’s decision on this project is final unless an appeal is filed
within 14 calendar days of the date of the mailing of the decision, on April 28, 2020.
ASA-2019-010, U-2019-006 Vidyarambh Pre-School/After-School April 14, 2020
10041 N Blaney Ave and 20015 Stevens Creek Blvd Page 8
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved for Submission by: Albert Salvador, Assist. Director of Community
Development
ATTACHMENTS:
1 – Draft Resolution for U-2019-006
2 – Draft Resolution for ASA-2019-010
3 – Operational Plan
4 – Noise Impact and Mitigation Study for Vidyarambh Preschool/Afterschool, Dated
January 16, 2020.
5 – Trip Generation Study for a Day Care Facility on Stevens Creek Blvd in Cupertino,
CA, Dated December 10, 2019
6 – Plan Set
7 – Play Structures
8 – Public Comment
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6898
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONVERSION OF TWO
EXISTING RETAIL BUILDINGS TO A PRESCHOOL AND AFTER SCHOOL
PROGRAM LOCATED AT 10041 N BLANEY AVE AND 20015 STEVENS
CREEK BLVD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2019-006
Applicant: Devan Namboodiri/Gryphon Creek
Property Owner: Gryphon Creek
Location: 10041 N Blaney Ave and 20015 Stevens Creek Blvd (APN#316-23-
036, 093)
SECTION II: FINDINGS FOR USE 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 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, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the
proposed Project and has determined that the Project is exempt from environmental
review pursuant to the categorical exemptions in CEQA Guidelines sections 15303, and
15332, for the reasons set forth in the staff report dated April 14, 2020 and incorporated
herein; 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:
Resolution No. 6898 U-2019-006 April 14, 2020
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;
The project is consistent with all aspects of the City’s Ordinance. The site is sufficiently
parked. A traffic and noise analysis have been prepared confirming that the project will not
have any significant traffic and noise impacts to the surrounding area.
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, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The proposed project is consistent with the provisions setforth in the Heart of the City
Specific Plan.
WHEREAS, on April 14, 2020, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical exemptions
in CEQA Guidelines sections 15303 and 15332, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA
exemption, maps, facts, exhibits, testimony and other evidence submitted in this matter,
subject to the conditions which are enumerated in this resolution beginning on PAGE 3
thereof,
1. The Planning Commission exercises its independent judgment and determines that
the Project is exempt from CEQA pursuant to the categorical exemptions in CEQA
Guidelines sections 15303 and 15332. The exemption in CEQA Guidelines section
15303 relates to the conversion of an existing small structure (not exceeding 10,000
square feet) in an urbanized area from one use to another where only minor
modifications are made to exterior of the structure. This exemption applies to the
proposed project because there is no addition of square footage to the exisiting
buildings, with minimal improvements for seismic upgrades and adding a play area
in the existing landscape and parking lot areas; The exemption in CEQA Guidelines
section 15332 applies to an infill development project which 1) is consistent with the
applicable General Plan designation and all applicable General Plan policies, as well
as the applicable Zoning designations and regulations; 2) occurs within the City
limits on a site of less than 5 acres in size that is substantially surrounded by urban
uses; 3) is located on a site that has no value for endangered, rare or threatened
Resolution No. 6898 U-2019-006 April 14, 2020
species; 4) would not result in any significant effects related to traffic, noise, air
quality or water quality; and 5) can be adequately served by all required utilities and
public services. This exemption applies to the project because the existing built out
parcels are less than five acres, currently have access to all utilities, and the pre-
school is a conditional use allowed for the current zoning on the sites. Further, there
would be no impacts to endangered, rare or threatened species as well as any
significant effects to traffic or noise; and
2. The application for a Use Permit, Application no. U-2019-006 is hereby approved.
The subconclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no.(s) U-
2019-006 as set forth in the Minutes of the Planning Commission Meeting of April 14,
2020, 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 a capacity of 120 students (90 pre-
school and 30 after-school). 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. Any future modifification or
intensification to the project shall require additional City review and a new Use
Permit application.
2. APPROVED EXHIBITS
This approval is based on Exhibits titled “Vidyarambh Pre-School/After-School”
prepared by Ray House dated November 12, 2019 consisting of pages A0.0, A1.2,
A3.0, AA1.0, and AA1.1 and the business plan labeled “Vidyarambh Cupertino
LLC” consisting of three pages 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).
Resolution No. 6898 U-2019-006 April 14, 2020
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2019-010 shall applicable to
this approval.
4. EXPIRY DATE
If the use for which this Conditional Use Permit is granted but is not commenced or
is utilized but ceases or is 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. NOISE CONTROL
The outdoor play area schedule shall be limited as indicated in the Business Plan.
The noise levels shall not exceed those as listed in Chapter 10.48 of the Cupertino
Municipal Code, unless approved by special exception by the Noise Control Officer.
The applicant may have to conduct future tests to verify they are complying with the
ordinance at the request of the Community Development Director. The Planning
Commission may limit the number of children allowed in the outside play yard in
the event that the noise levels at the site violate City standard noise levels.
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, 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 10:00 a.m.
12:30 p.m. to 3:30 p.m.
4:30 p.m. to closing
Further, the plan shall also discourage parents/guardians from utilizing the
easement connecting the properties to the west during school hours for the benefit of
pick-up and/or drop-off. An additional two parking spaces shall be delineated in the
front of 10041 N. Blaney to allow parents the ability to walk children to their
classrooms during school hours. 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. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public
view to the satisfaction of the Planning Division.
Resolution No. 6898 U-2019-006 April 14, 2020
8. SIGNS
Signage is not approved with this use permit application. Signage shall conform to
the City Sign Code and requires a separate sign permit.
9. 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 the conditional use permit has 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 Chapter 19.124.
10. INDEMNIFICATION
The applicant agrees that, to the fullest extent permitted by law, the applicant shall
indemnify, defend with the attorneys of the City’s choice, and hold harmless the
City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding brought by a third party against
one or more of the indemnified parties or one or more of the indemnified parties
and the applicant related to any Ordinance, Resolution, or action approving the
project, the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for 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 (thirty) days following receipt of invoices from City. Such
attorneys’ fees and costs shall include amounts paid to the City’s outside counsel
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. The applicant shall likewise indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys’ fees, or costs awards,
including attorneys’ fees awarded under Code of Civil Procedure section 1021.5,
assessed or awarded against the indemnified parties.
The Applicant further agrees to defend, indemnify and hold harmless the
indemnified parties for all cost incurred in additional investigation or study of, or
for supplementing, redrafting, revising, or amending any document (such as an
Environmental Impact Report, negative declaration, specific plan, or general plan
amendment) if made necessary by proceedings challenging the project approvals
and related environmental review if the applicant desires to continue to pursue the
project.
Resolution No. 6898 U-2019-006 April 14, 2020
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
1. STREET IMPROVEMENTS
Street dedication and improvements along the project frontage to the satisfaction of
the Director of Public Works. Street improvements may include, but not be limited
to, remove and repair sidewalk, driveways, curb, gutter and street tree installations.
All improvements must be completed and accepted by the City prior to Building
Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
2. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests
on behalf of the City.
3. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (eg. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan
and the Pedestrian Transportation Guidelines, and as approved by the Director of
Public Works.
All improvements must be completed and accepted by the City prior to Building
Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
4. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works. Any
storm water overflows or surface sheeting should be directed away from
neighboring private properties and to the public right of way as much as reasonably
possible.
All storm drain inlets shall be clearly marked with the words “No Dumping – Flows
to Creek” using permanently affixed metal medallions or equivalent, as approved
by the Environmental Programs Division.
Resolution No. 6898 U-2019-006 April 14, 2020
5. 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 that
satisfies C.3 requirements and is approved by the Director of Public Works.
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.
6. 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 and fees shall be executed and paid prior to issuance of
Building permit.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($891)
b. Storm Drainage Fee: Per current fee schedule ($9,566 per AC)
c. Transportation Impact Fee: Per current fee schedule: ($6,298 per
new peak- hour trip being generated)
d. Encroachment Permit Fee: Per current fee schedule ($816)
e. Street Tree: By Developer
Bonds:
a. Encroachment Bond: 100% of Off-site Improvement
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.
7. TRANSPORTATION IMPACT FEES
The Project is subject to the payment of Transportation Impact Fees under City’s
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal
Code).
Resolution No. 6898 U-2019-006 April 14, 2020
8. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to obtaining a building permit. (CMC 9.18.210 H & K)
9. UNDERGROUND UTILITIES
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. Developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
10. TRANSFORMERS & CABINETS
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 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. Transformers shall not be
located in the front or side building setback area.
11. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
12. 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.
13. EROSION CONTROL PLAN
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.
Resolution No. 6898 U-2019-006 April 14, 2020
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. 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.
16. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
17. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
18. 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. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers should
be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
19. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
20. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
Resolution No. 6898 U-2019-006 April 14, 2020
21. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
22. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPT.
1. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.19 whichever is the more restrictive. For the purposes of this section,
firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. 1. In other than residential buildings which require the installation of
fire sprinklers for all new buildings according to the California Residential Code, an
automatic sprinkler system shall be provided throughout all new buildings and
structures. Exceptions: a. Buildings and structures that do not exceed 1,000 square
feet of building area and that are not located in the Wildland-Urban Interface Fire
Area. b. Buildings and structures that are located in the Wildland-Urban Interface
Fire Area and do not exceed 500 square feet of building area. c. Group S-2 or U
occupancies that are not located in the Wildland-Urban Interface and used
exclusively for vehicle parking and meeting all of the following conditions: i.
Noncombustible construction, ii. Maximum building area not to exceed 5,000 square
feet, iii. Structure is open on three (3) or more sides, iv. Minimum of 10 feet
separation from existing buildings unless area is separated by fire walls complying
with CBC 706. 2. An automatic sprinkler system shall be provided throughout
existing buildings and structures when alterations or additions are made that create
conditions described in Sections 903.2.1 through 903.2.19. 3. An automatic sprinkler
system shall be provided throughout existing buildings and structures, when
additions are made that increase the building area to more than 3,600 square feet.
2. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of
Resolution No. 6898 U-2019-006 April 14, 2020
such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire
protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable
of causing contamination of the potable water supply of the purveyor of record.
Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec.
903.3.5 and Health and Safety Code 13114.7
3. TIMING OF INSTALLATION
When fire apparatus access roads or a water supply for fire protection is required to
be installed, such protection shall be installed and made serviceable prior to and
during the time of construction except when approved alternative methods of
protection are provided. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2. Construction documents. Construction documents
for proposed fire apparatus access, location of fire lanes, security gates across fire
apparatus access and construction documents and hydraulic calculations for fire
hydrant systems shall be submitted to the fire department for review and approval
prior to construction. CFC Sec. 501.3, 501.4
4. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop
drawings (3 sets) and a permit application to the SCCFD for approval before
installing or altering any system. Call (408) 378-4010 for more information.
5. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure. Address numbers shall be maintained.
CFC Sec. 505.1.
Resolution No. 6898 U-2019-006 April 14, 2020
6. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI-7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
1. PROPERTY LINE CLEANOUT
Install new property line cleanout to District’s standards. See attached detail.
Property line cleanout must be within 5 feet of the property line. Cleanout shall be
the same diameter as the street portion of the service lateral. Gravity lateral is 4”
diameter.
2. INSPECTIONS
For the Cupertino Sanitary District Initial (Visual) Inspection, contractor shall leave
new pipe installation exposed. Do not backfill. Owner to contact District 48 hours
prior to scheduling a District Inspector for a visual inspection. For final (CCTV)
Inspection and Approval of the new property line cleanout, point of connection, and
District lateral is required prior to clearance for City of Cupertino Final Inspection.
Owner must allow District at least 48 hours’ notice to schedule a District Inspector
for a video inspection. District to provide Building Department with written
notification upon completion of inspection.
3. STORM WATER
Storm water surface or roof drains and other general surface water runoff, shall not
be discharged to the sanitary sewer.
4. SANITARY SEWER LATERAL UPGRADE
The applicant may potentially be required to upgrade their sanitary sewer lower
lateral if the District finds the structural conditions of the pipe to be unsatisfactory.
Resolution No. 6898 U-2019-006 April 14, 2020
PASSED AND ADOPTED this 14th day of April 2020, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Moore, Vice Chair Wang, Fung, Takahashi,
Saxena
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Piu Ghosh /s/Catherine Moore
Piu Ghosh Catherine Moore
Planning Manager Chair, Planning Commission
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6899
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL TO ALLOW
SITE MODIFICATIONS TO PROVIDE FOR REQUIRED OUTDOOR PLAY
FACILITIES FOR A PROPOSED PRESCHOOL AND AFTER SCHOOL
PROGRAM LOCATED AT 10041 N BLANEY AVE AND 20015 STEVENS
CREEK BLVD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2019-010
Applicant: Devan Namboodiri/Gryphon Creek
Property Owner: Gryphon Creek
Location: 10041 N Blaney Ave and 20015 Stevens Creek Blvd (APN#316-23-
036, 093)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL
PERMIT:
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 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, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the
proposed Project and has determined that the Project is exempt from environmental
review pursuant to the categorical exemptions in CEQA Guidelines section 15303, and
15332, for the reasons set forth in the staff report dated April 14, 2020 and incorporated
herein; and
Resolution No, 6899 ASA-2019-010 April 14, 2020
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;
The project has satisfied all aspects of the City’s Ordinance. The project is sufficiently
parked. A traffic and noise analysis has been prepared confirming that the project will not
cause significant impacts to the surrounding area.
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) Abrupt changes in building scale should be avoided. A gradual transition
related to height and bulk should be achieved between new and existing
buildings.
Only minor changes have been proposed to the existing building that do not affect the
overall architectural quality of the building. The project is not proposing to significantly
alter the exterior of the existing buildings. Only the necessary site and building
modifications/improvements associated with the daycare operation are proposed.
b) In order to preserve design harmony between new and existing buildings and in
order to preserve and enhance property values, the materials, textures and colors
of new buildings should harmonize with adjacent development by being
consistent or compatible with design and color schemes, and with the future
character of the neighborhood and purposes of the zone in which they are
situated. The location, height and materials of walls, fencing, hedges and screen
planting should harmonize with adjacent development. Unsightly storage areas,
utility installations and unsightly elements of parking lots should be concealed.
The planting of ground cover or various types of pavements should be used to
prevent dust and erosion, and the unnecessary destruction of existing healthy
trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building departments,
and provide shielding to prevent spill- over light to adjoining property owners.
Design harmony between new and existing buildings has been preserved and the
materials choosen will reflect the existing exterior, and with the future character of the
Resolution No, 6899 ASA-2019-010 April 14, 2020
neighborhood and purposes of the zone in which it is situated. The location, height and
materials of the proposed site improvements, landscaping features, and play area fencing
harmonize with adjacent developments and are designed to complement the existing
surrounding professional and commercial uses.
WHEREAS, on April 14, 2020, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical exemptions
in CEQA Guidelines sections 15303 and 15332, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
WHEREAS, the Planning Commission determined that the project is categorically
exempt in accordance with CEQA Guidelines sections 15303 and 15332; and
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA
exemptions, maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this resolution beginning on
PAGE 3 thereof,
1. The application for an Architecxtural and Site Approval Permit, Application no.
ASA-2019-010 is hereby approved.
The subconclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no.(s)
ASA-2019-010 as set forth in the Minutes of the Planning Commission Meeting of April
14, 2020, 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 “Vidyarambh Pre-School/After-School”
prepared by Ray House dated November 12, 2019 consisting of pages A0.0, A1.2,
A3.0, AA1.0, and AA1.1 and the business plan labeled “Vidyarambh Cupertino
LLC” consisting of three pages 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
Resolution No, 6899 ASA-2019-010 April 14, 2020
(including but not limited to accessibility, fire safety, and building occupancy and
other appropriate agencies).
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2019-006 shall applicable to this
approval.
3. FENCING
The applicant shall use a decorative/open fencing design to enclose the play area.
The Director of Community Development shall approve prior to issuance of
building permits.
4. ROOFING MATERIALS
The applicant will work with Staff to co-ordinate a roofing material and/or color of
the building located at 10041 N. Blaney is similar to the roofing on 20015 Stevens
Creek Boulevard as part of the project if roofing is replaced and/or repaired. The
Director of Community Development shall approve prior to the issuance of a
building permit.
5. DROP-OFF AND PICK-UP TRAFFIC FLOW
The applicant will work with Staff to ensure the driveway at 10041N Blaney Avenue
property does not conflict with any parking stalls and whether the driveways need
to be made one way ingress/egress to ensure proper traffic flow at the discretion of
the City’s Traffic Engineer.
6. TREE PLANTING
Four new 24-inch box evergreen species of trees shall be planted along the western
property line in an effort to screen the pre-school from the neighboring office
building. Species of threes shall be compatible with the landscape area in which they
will be planted and drought tolerant. The applicant’s landscape plans shall be
amended to show these trees prior to issuance of building permits.
7. 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.
Resolution No, 6899 ASA-2019-010 April 14, 2020
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.”
8. 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, or with the landscape
installation report.
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. Maintenance shall also include pruning of the screen shrubs
along Stevens Creek Boulevard so as not to exceed the height of the wrought iron
fence in accordance with Condition 5 of this Resolution.
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.
9. INDEMNIFICATION
The applicant agrees that, to the fullest extent permitted by law, the applicant shall
indemnify, defend with the attorneys of the City’s choice, and hold harmless the
City, its City Council, and its officers, employees, and agents (collectively, the
“indemnified parties”) from and against any liability, claim, action, cause of action,
suit, damages, judgment, lien, levy, or proceeding brought by a third party against
Resolution No, 6899 ASA-2019-010 April 14, 2020
one or more of the indemnified parties or one or more of the indemnified parties
and the applicant related to any Ordinance, Resolution, or action approving the
project, the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for 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 (thirty) days following receipt of invoices from City. Such
attorneys’ fees and costs shall include amounts paid to the City’s outside counsel
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. The applicant shall likewise indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys’ fees, or costs awards,
including attorneys’ fees awarded under Code of Civil Procedure section 1021.5,
assessed or awarded against the indemnified parties.
The Applicant further agrees to defend, indemnify and hold harmless the
indemnified parties for all cost incurred in additional investigation or study of, or
for supplementing, redrafting, revising, or amending any document (such as an
Environmental Impact Report, negative declaration, specific plan, or general plan
amendment) if made necessary by proceedings challenging the project approvals
and related environmental review if the applicant desires to continue to pursue the
project.
10. 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.
PASSED AND ADOPTED this 14th day of April 2020, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Moore, Vice Chair Wang, Fung, Takahashi,
Saxena
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Piu Ghosh /s/Catherine Moore
Piu Ghosh Catherine Moore
Resolution No, 6899 ASA-2019-010 April 14, 2020
Planning Manager Chair, Planning Commission
T E A M B U I L D I N G D A T A
P R O J E C T D E S C R I P T I O N
V I C I N I T Y P L A N
19-011
DATE REV DESCRIPTION
20015STEVENSCREEKBLVD.
+
10041 N. BLANEY AVENUE,
CUPERTINO, CA
Architecture
Planning
Consulting
Vidyarambh
Preschool-
Afterschool
2 0 0 1 5 S T E V E N S C R E E K B L D V D . + 1 0 0 4 1 N . B L A N E Y A V E .D , C U P E R T I N O , C A 9 4 5 3 9
P R E -S C H O O L /A F T E R -S C H O O L T.I.
D R A W I N G I N D E X
V I D Y A R A M B H
D E F E R R E D P E R M I T I T E M S (U N D E R S E P A R A T E P E R M I T )
A C C E S S I B I L I T Y
U -2 019-0 06, A S A -201 9 -010
04/20/20
G ian P a o lo
Martire
grinder vitamix
food proc.batter
ref. fr. ref.
D/W
MICR. ABOVE RANGE/
HOOD
MOP
STORAGE
HC HC
BA BD
B1
B2
AA AB
A1
A2
B.5
BB BC
G.
G. G.
G02
G01
G07
G06
G05
HOSE
BIB
HOSE
BIB
HOSE
BIB
HOSE
BIB
HOSE
BIB
G01
G02
G03
G04
G05
G03
G04
W/D
19-011
DATE REV DESCRIPTION
20015STEVENSCREEKBLVD.
+
10041N.BLANEYAVENUE
CUPERTINO,CA
Architecture
Planning
Consulting
Vidyarambh
Preschool-
Afterschool
GENERAL NOTES:
TREE PLANTING
L A N D S C A P E P L A N
SCALE: 1" = 16'-0"
1
LEGEND
T1
T1
T2
T3
T4
T5
T6
T7
T8
T9
T10
T11
T12
T13 T15
T14
BUILDING 'A'
BUILDING
'B'
U -2 019-0 06, A S A -201 9 -010
04/20/20
G ian P a o lo
Martire
F R O N T E L E V A T I O N (B L A N E Y )
SCALE: 1/8" = 1'-0"
1
19-011
DATE REV DESCRIPTION
20015STEVENSCREEKBLVD.
+
10041 N. BLANEY AVENUE,
CUPERTINO, CA
Architecture
Planning
Consulting
Vidyarambh
Preschool-
Afterschool
R E A R E L E V A T I O N
SCALE: 1/8" = 1'-0"
2
S I D E E L E V A T I O N (C L A S S R O O M S 3 .4 .5 )
SCALE: 1/8" = 1'-0"
3 S I D E E L E V A T I O N
SCALE: 1/8" = 1'-0"
4 S I D E E L E V A T I O N
SCALE: 1/8" = 1'-0"
5
U -2 019-0 06, A S A -201 9 -010
04/20/20
G ian P a o lo
Martire
grinder vitamix
food proc.batter
ref. fr. ref.
D/W
MICR.
ABOVE
RANGE/
HOOD
MOP
STORAGE
HC HC
BA BD
B1
B2
AA AB
A1
A2
B.5
BB BC
G.
G. G.
G02
G01
G07
G06
G05
HOSE
BIB
HOSE
BIB
HOSE
BIB
HOSE
BIB
HOSE
BIB
G03
G04
W/D
water
softener
below
G08
A15
HC HC
BA BD
B1
B2
AA AB
A1
A2
B.5
BB BC
G.
G. G.
1 9-01 1
DATE REV DESCRIPTION
BUILDINGA'
20015STEVENSCREEKBLVD.
Architecture
Planning
Consulting
Vidyarambh
Preschool-
Afterschool
D E M O L I T I O N S I T E P L A N
SCALE: 1" = 16'-0"
1 C O N S T R U C T I O N S I T E P L A N
SCALE: 1" = 16'-0"
2
BUILDING 'A' = 3,950 SF
(INT. AREA= 3,833 SF )
OUTDOOR
PLAY AREA
= 5,514 SF
PARKING CALCULATIONS
TOTAL CLASSROOM AREA = 4,190 SF
4,190 SF / 35 = 120 STUDENTS
120 STUDENTS / 6.5 = 19 PARKING SPACES REQUIRED.
19 SPACES ARE PROVIDED (SEE COVER SHEET)
EXISTING BUILDING (N.I.C.)
20015
ST. CRK.
BUILDING
'B'
N.I.C.
20015
ST. CRK.
10041
BLANEY
KEYED NOTES
GENERAL NOTES:
LEGEND
PLAY AREA NOTES:
OUTDOOR
PLAY AREA
= 585 SF
PARKING SPACE LEGEND
10041
N. BLANEY
U -2 019-0 06, A S A -201 9 -010
04/20/20
G ian P a o lo
Martire
grinder vitamix
food proc.batter
ref. fr. ref.
D/W
MICR.
ABOVE
RANGE/
HOOD
MOP
STORAGE
HC HC
BA BD
B1
B2
AA AB
A1
A2
B.5
BB BC
G.
G. G.
G02
G01
G07
G06
G05
HOSE
BIB
HOSE
BIB
HOSE
BIB
HOSE
BIB
HOSE
BIB
G03
G04
W/D
water
softener
below
G08
A15
TREE PLANTING
19-011
DATE REV DESCRIPTION
BUILDINGA'
20015STEVENSCREEKBLVD.
Architecture
Planning
Consulting
Vidyarambh
Preschool-
Afterschool
C O N S T R U C T I O N S I T E P L A N
SCALE: 1" = 16'-0"
2
GENERAL NOTES:
LEGEND
T1
T1
T2
T3
T4
T5
T6
T7
T8
T9
T10
T11
T12
T13 T15
T14
BUILDING 'A'
BUILDING
'B'
U -2 019-0 06, A S A -201 9 -010
04/20/20
G ian P a o lo
Martire