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Reso 6217 U-2003-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6217 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO LOCATE A CHURCH IN AN EXISTING 37,120 SQUARE FOOT OFFICE BUILDING (23,000 SQUARE FEET CHURCH USE, 14,120 SQUARE FEET OFFICE USE), LOCATED AT 10455 BANDLEY DRIVE SECTION I: PROTECT DESCRIPTION Application No(s): U-2003-11 (EA-2003-14) Applicant: Liang Tsai Lin/Chinese Church in Christ Location: 10455 Bandley Drive 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 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 Resolution No. 6217 U-2003-11 November 10, 2003 Page 2 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(s). U-2003-11 (EA-2003-14), as set forth in the Minutes of the Planning Commission Meeting of November 10, 2003, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Chinese Church in Christ, 10455 Bandley Drive, dated September 19, 2003 including sheets SK-0 - SK-3 submitted at the Planning Commission meeting on November 10, 2003, 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. OPERATIONAL LIMITATIONS The applicant is allowed to go up to 350 participants during the Friday evenings and Sunday mornings, into the early Sunday afternoon, and up to four (4) times per year. At all other times, the applicant shall limit the occupancy on site to no more than two hundred (200) persons. In the event they need to exceed that number, they will need to come back to the Planning Commission and amend the use permit. At such time as church attendance exceeds the 165 parking spaces on site (approximately 350 attendees), either a parking agreement with adjacent property owners or a parking study documenting the ability of the subject property to accommodate additional attendees shall be reviewed and approved by the Director of Community Development. In no case shall the total number of participants exceed 520 without amending the use permit. If adjacent properties are utilized for parking, a pedestrian safety plan shall be approved, which may include crosswalk lighting if applicable. 4. LANDSCAPING PLAN A plan shall be approved by the Director of Community Development for restoration of landscaping in the rear parking lot, to be installed prior to occupancy. The applicant Resolution No. 6217 U-2003-11 November 10, 2003 Page 3 will retain an arborist to evaluate the pine trees and suggest measures to cap the size of the trees and ensure that the trees are healthy and provide a sufficient screen for the adjacent properties. 5. LIGHTING PLAN A plan shall be approved by the Director of Community Development for parking lot lighting, to be installed prior to occupancy. 6. TRASH ENCLOSURE The trash enclosure at the rear property line shall be demolished and relocated near the building, to the specifications of the Public Works Department. 7. REAR EXITS � To reduce noise impacts on adjacent residences, all but two rear entrances/exits shall be I� for emergency purposes. "No parking zones" near the emergency exit doors shall meet the specifications of the Santa Clara County Fire Department. The parking lot shall be re-striped to make up for any parking spaces lost to meet those specifications. 8. SIGNAGE No signs are approved as part of this application. A master sign program consistent with the City's Sign Ordinance shall be submitted to the Planning Department for review and approval prior to issuance of building permits. The.signs shall be consistent ' with signage in the surrounding office/industrial area. 9. FIVE-YEAR REVIEW There shall be an automatic review of the use permit in five years, and possibly earlier review should complaints be received that there are parking problems on the site. Said reviews would look at imposing further mitigations including, but not limited to, parking agreements with adjoining properties, re-striping to add more parking spaces and/or limitation on the maximum number of participants allowed on the site to correspond to the existing parking. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. TRASH ENCLOSURE The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) Resolution No. 6217 U-2003-11 November 10, 2003 , Page 4 ' I hereby certify that the engineering and surveying conditions specified in Section IV of this � Resolution conform to generally accepted engineering practices. ' t� �t,u C� Ralph Qualls, Director of Publ orks City Engineer CA License 22046 ► � � PASSED AND ADOPTED this 10th day of November, 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: � AYES: COMMISSIONERS: Miller, Vice-Chair Saadati and Wong NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Chairperson Chen ABSENT: COMMISSIONERS: � ATTE APPRO ED: . Steve Piasecki A��-�n;-Chairperson � �� �av�e�� Director of Community Development Cupertino Planning Commis�n G:\Planning\PDREPORT'�RFS\U-2003-11 res.doc I