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M-2021-001 - PC Reso 6923 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6923 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO AN EXISTING USE PERMIT (U-1994-01) TO ALLOW A CHILDCARE USE TO OPERATE MONDAY THROUGH FRIDAY, 7:50 A.M. TO 6:30 P.M. AT AN EXISTING CHURCH FACILITY LOCATED AT 6191 BOLLINGER ROAD SECTION I: PROTECT DESCRIPTION Application No.: M-2021-001 Applicant: Archana Naphade (Delight Montessori Preschool) Location: 6191 Bollinger Ave (APN: 375-41-007) SECTION II: FINDINGS FOR A USE PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for an amendment to an existing Use Permit (U-1994-01) to consider allowing a childcare use to operate Monday through Friday,7:50 a.m.to 6:30 p.m. at an existing church facility; 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 exemption in CEQA Guidelines section 15301 for the reasons set forth in the staff report dated May 25, 2021 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds: Resolution No. 6923 M-2021-001 May 25,2021 Page 2 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. The proposed childcare facility 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 noise output from the proposed use would not exceed existing levels and would result in a less than significant impact to adjacent properties. The traffic management strategy would reduce traffic impacts on surrounding properties by utilizing the on-site parking lot and scheduling drop-off and pick-up time slots. With the requirement of installation of a "right turn only" sign on-site, the on-site circulation would be further improved. The proposed use provides a convenience to the community and serves the general welfare of the public. 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). 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 has been reviewed and approved by the CA State Department of Community Care Licensing, the Santa Clara County Fire Department, the Cupertino Building Division, and Public Works Department to ensure compliance with rules and regulations for the preschool. Furthermore, the use is categorically exempt under CEQA in that the proposed project involves minor changes to an existing facility. WHEREAS, the Planning Commission is the approval authority for this project and is granted the authority by the Municipal Code to exercise its independent judgment,based on the record before it, for purposes of the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the following actions: 1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15301. The Class 1 exemption applies to existing facilities that involve negligible or no expansion of existing or former use. The proposed project allows the operation of a childcare facility at an existing facility that does not include alterations to the interior or exterior building area or site. Therefore, the proposed project would not involve the expansion of the former use (Section 15301, Class Resolution No. 6923 M-2021-001 May 25,2021 Page 3 1), will not significantly expand the use beyond the current use that already exists or previously existed, and will not have a significant effect on the environment. 2. Approves the application for a Modification to Use Permit, Application no. M-2021- 001 subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof. The conclusions and sub conclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application no. M-2021-001 as set forth in the Minutes of Planning Commission Meeting of May 25, 2021, are hereby incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set entitled "Site Plan-Delight Montessori (6191 Bollinger Rd,Cupertino,CA 95014)" consisting of two sheets showing the Site Plan and Floor Plan; a Business Plan consisting of four sheets, prepared by Delight Montessori Preschool; and Church Activity Schedule consisting of one sheet, prepared by West Valley Presbyterian Church, except as may be amended by conditions in this resolution. 2. 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. 3. ACCURACY OF PROTECT 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. 4. ALLOWED USES Approval is granted for a preschool/childcare facility use to operate Monday through Friday, between the hours of 7:50 a.m. and 6:30 p.m. with a maximum of 24 enrolled students and five employees on site at any given time. Preschool/childcare operations shall be limited to the two classrooms, office space, and outdoor play area. Resolution No. 6923 M-2021-001 May 25,2021 Page 4 Any changes in the operational 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 and City parking requirements. 5. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval, in accordance with U-1994-01, DIR-1994-16, and M-2009-08 shall remain in effect except as may be amended by conditions contained in this resolution. 6. FUTURE REVIEW OF USE PERMIT In the event of any documented substantial problems and/or violations, the City reserves the right to review this use permit at any time for imposing additional conditions of approval or revocation of the use permit. 7. EXPIRATION If the use for which this permit is granted and utilized has ceased or has been suspended for one year or more,this use permit amendment(M-2021-001) shall be deemed expired, and a new use permit application must be applied for and obtained. 8. BUSINESS LICENSE Prior to Business License approval, the business owner shall obtain a City of Cupertino business license. 9. TRAFFIC MANAGEMENT PLAN Prior to Business License approval, the preschool operator will create a Traffic Management Plan. The Traffic Management Plan shall indicate the vehicle circulation for drop-off and pick-up and include contact information for the preschool operator as well as the preschool instructor/designated traffic instructor during drop-off and pick-up times. Additionally, in the interest of being good neighbors, the preschool shall inform parents/guardians of enrolled students that drop-off and pick-up must occur on-site and during scheduled drop-off and pick- up times. Parents and teachers shall not arrive on-site prior to 7:50 a.m. Late pick- up is only permitted at 6:30 p.m. These requirements shall be provided in the form of acknowledgments with the student enrollment or re-enrollment documentation. The acknowledgments shall be signed by the responsible parents/guardians concurrent with student enrollment or re-enrollment, and shall be retained by the applicant/operator. The City may request proof that the acknowledgements have been received and signed Resolution No. 6923 M-2021-001 May 25,2021 Page 5 by parents/guardians of enrolled students at any time. The acknowledgment document shall be reviewed and approved by the Planning Department. 10. UNPERMITTED SHEDS Prior to Business License approval, the preschool operator and/or property owner shall remove or legalize the two unpermitted storage sheds located at the northeast corner of the project site within two striped parking spaces to the left of the trash enclosure area.The preschool operator and/or property owner shall document that the two unpermitted sheds are either removed or legalized and documentation shall be reviewed and approved to the satisfaction of the Planning Division. 11. PARKING Per the Parking Regulations Ordinance, Cupertino Municipal Code Chapter 19.124, there shall be a minimum of four available parking stalls on-site (1 space for every 6.5 students).On-street parking shall not be designated for student drop- off or pick-up. 12. NOISE CONTROL The outdoor play area schedule shall be limited as indicated in the approved Business Plan. Noise levels shall not exceed those as listed in the Community Nosie Control Ordinance, Cupertino Municipal Code Chapter 10.48. If there are documented violations of the Community Noise Control Ordinance, the Director of Community Development has the discretion to require noise attenuation measures to comply with the ordinance. 13. SIGNAGE Signage is not approved with this use permit application. The applicant shall be required to submit an application for signage, prior to installation of any signage on site. Signage shall conform to the City's Sign Ordinance. 14. 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. 15. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application,to the fullest extent permitted by law,the applicant shall agree to 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, Resolution No. 6923 M-2021-001 May 25,2021 Page 6 action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "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. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. 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 agree to 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 shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs 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. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 16. 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. Resolution No. 6923 M-2021-001 May 25,2021 Page 7 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 17. ONSITE VEHICLE CIRCULATION The applicant shall install a right-turn only sign adjacent to or above the existing stop sign within the planter median located at the northwest corner of the existing "classroom/admin building" as labeled on the plan set to better facilitate vehicle circulation traveling westbound through the site. Prior to Business License approval, the sign shall be installed to be reviewed and approved to the satisfaction of the Director of Public Works. SECTION V: CONDITIONS ADMINSTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 18. FIRE AND LIFE SAFETY INSPECTION The applicant shall consult with the Santa Clara County Fire Department to obtain the necessary Fire and Life Safety Inspection for the on-site conditions in coordination with the CSDD Community Care Licensing process. PASSED AND ADOPTED this 25th day of May, 2021 at a noticed Public Hearing of the Planning Commission of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. AYES:COMMISSIONERS: Chair Wang, Vice Chair Scharf, Saxena, Kapil, Madhdhipatla NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMISSIONERS: None ATTEST: APPROVED: /s/ Piu Ghosh /s/R "Ray" Wang Piu Ghosh R "Ray" Wang Planning Manager Chair, Planning Commission 1374412.1