Reso 6231 M-2002-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6231
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
I 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
� January 26, 2004, and are incorporated by reference as though fully set forth herein.
Resolution No. 6231 M-2002-06 January 26, 2004
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 EXHIB.ITS
The recornmendation 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
i of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
I 3. HOURS OF OPERATION
� The approved hours of operation for the YMCA are as follows:
Monday - Friday 6:00 a.m. to 10:00 p.m.
Saturday - Sunday 7:00 a.m. to 8:00 p.m.
( The facility maintenance activity hours are permitted outside the above approved
i hours of operation. 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.
Resolution No. 6231 M-2002-06 January 26, 2004
Page 3
4. OUTDOOR ACTIVITY HOURS
All outdoor activities shall be limited to the hours of 9 a.m. - 8 p.m. 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. Also, additional evergreen shrubbery shall be
� planted along the existing wooden fence immediately adjacent to the existing
residential uses west of the project site. Evergreen shrubs shall also be planted
� along the rear property line (existing wood fence) to provide a physical buffer
between the YMCA and the residential homes.
6. SECURITY FENCE,/GATE
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. 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
Quiet zone signs 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 doors on the north and east elevations 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.
9. NOISE LIMITS
The YMCA shall comply with the residential noise standards (Section 10.48.040 of
the Municipal Code).
Resolution No. 6231 M-2002-06 January 26, 2004
Page 4
10. GOOD NEIGHBOR POLICY
The YMCA will attempt to work with its neighbors as much as possible to address
their concerns and continue to educate its staff and members to be sensitive to the
neighborhood.
11. CHILDREN'S PLAYGROUND
In the event there are complaints relating to the operations of the childreri s
playground, the Planning Commission shall hold a public hearing to evaluate and
require additional operational controls on the YMCA.
I
PASSED AND ADOPTED this 26th day of January 2004, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chen Giefer, Miller, Vice-Chair Wong and
Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
,�
F ,.
, , r �: � �
St e Piasecl ' T ' aadati, Chairperson
Director of Community Development Planning Commission
G: � Planning � PDREPORT � RES � M-2002-06,1-26-04 res.doc