Reso 6163 M-2002-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6163
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A MODIFICATION OF AN APPROVED USE
PERMIT (24-U-88) TO LOCATE A CHILDREN'S PLAYGROUND AT THE FRONT OF
THE PROPERTY AND EXTEND THE HOURS OF OPERATION
SECTION I: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit Modification, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby recommended for
approval, subject to the conditions which are enumerated in this Resolution beginning on
Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this
resolution are based are contained in the public hearing record concerning Application
No. M-2002-06, as set forth in the Minutes of the Planning Commission Meeting of
October 14, 2002, and are incorporated by reference as though fully set forth herein.
Model Resolution No.6163 M-2002-06 October 10, 2002
Page 2
SECTION II: PROTECT DESCRIPTION
` Application No(s): M-2002-06
Applicant: Northwest YMCA of Santa Clara Valley
Location: 20803 Alves Drive
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Plan Check
Submittal Playground, Northwest YMCA, 20803 Alves Drive, Cupertino,
California 95014, consisting of eight sheets dated January 5, 2000, except as may be
amended by the conditions contained in this resolution.
2. 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.
3. HOURS OF OPERATION
The approved hours of operation for the YMCA are as follows:
Monday - Friday 5:30 a.m. to 10:00 p.m.
Saturday & Sunday 7:00 a.m. to 8:00 p.m.
In the event there are complaints relating to the Monday - Friday hours of
operation, the Planning Commission shall hold a public hearing and may adjust
the hours of operation and require other operational controls to reduce or eliminate
the nuisance.
4. OUTDOOR ACTIVITY HOURS
All outdoor activities shall be limited to the hours of 9 a.m. - 30 minutes after
sunset. unless a special event permit is obtained from the Planning Department.
Model Resolution No.6163 M-2002-06 October 10, 2002
Page 3
Outdoor activities shall include but not limited to outdoor recreational activities
and gatherings. Including activities in the new playground.
� 5. LANDSCAPING
A revised landscaping plan must be submitted and approved by the Planning
Department prior to issuance of any building permits. The landscaping plan must
indicate a row of 15-gallon Photina Frageri along the west perimeter fence of the
playground providing additional landscaping buffer and screening from the
pedestrian walk enhancements.
6. SECURITY FENCE/GATE
A security fence and gates shall be erected at the entry points of the YMCA and
around the basketball area to prevent intruders from using the parking lot or the
basketball courts after hours. The security fencing and gates shall include a 6-foot
high wrought iron fence around the west perimeter of the basketball/volleyball
courts should the noise continue to be a problem after a period of 60 days. In
addition, a 6-foot wrought iron fence shall be installed at the entrance of the
driveway along the easterly property line (setback approximately 100 feet from the
front property line). Also, in order to avoid appearing as a gated community,
either a 3-foot tall low fence with gates or a chain barrier on metal poles shall be
installed at the entrance of the parking lot (setback approximately 95 feet from the
front property line) and a do not enter sign shall be installed at the exit of the
parking lot. The gate or chain barrier shall be extended across to the exit of the
parking lot should the entrance gate/chain prove to be insufficient after a period of
60 days. In addition, a gate shall be installed at the northwest corner of the site
(along the westerly property line) that would prevent the public from entering into
the property after hours from the end of a cul-del-sac on Elenda Drive. This gate
' shall be open during normal business hours. A fencing plan shall be submitted to
the Planning Department and Fire Department for review and approval prior to
the issuance of any building permits.
7. QUIET ZONE SIGN
A quiet zone sign shall be erected near the entrance of the parking area informing
members and visitors that no honking of vehicle horns and loud music are allowed
in the parking lot.
8. SWIMMING POOL REAR ACCESS DOOR
The rear access door on the north elevation of the pool building shall be closed at
all times to prevent the noises from the indoor pool activities to travel to the
residential uses immediately north of the project site.
Model Resolution No.6163 M-2002-06 October 10, 2002
Page 4
PASSED AND ADOPTED this 14th day of October 2002, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
i call vote:
AYES: COMMISSIONERS: Wong, Saadati, Chen, Auerbach and Chairperson
Corr
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTE : APPRO .
� � l,a
Steve Piasec i Charles Corr, Chairperson
Director of Community Development Planning Commission
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