Reso 4282 8-U-90
C I T Y O F C U P E R T I N O
10300 Zbrre Avenue
G'upertino, California 95014
RESOIITrION No. 4282
OF 'IHE PZ,ANNING �C�M'IISSION OF TI� CITY OF CUPII�TINO
RDppl�u�iplNG AP'PROVAL OF A USE P�T TO OONSfiRUCI'
A 2, 580 SQ. FT. ADDITI�N 'I'0 AN F�STING 7, 620 C�iUR(3i FACILI'I'Y
S�CTION I: FIl�TDINGS
WI�ZEAS, the Planning Corrnnission of the City of �tino received an
application for a Use Permit, as descxibed on Page 2 of this Resolution;
ar�cl �
Wf�REAS, the applicant has met the burden of proof required to support
said application; ar�d
W�, the Planning Conm►ission finds that the application meets the
follcxaing requirements:
� a) That the use or uses are in conformance with the General Plan of
the City of Cupertino, ancl are nat detrimental to existirig uses
or to uses specifically permitted in the zone in which the
proposed use is to be located.
b) That the property inwlved is adequate in size and shape to
aocoat�nodate the pro�osed use.
c) Zt�at the propoc.�ed use will not gexierate a level of traffic over
and above that of the capacity of the �i.sting street system.
d) That the propo�.�d use is othexwise not detrimental to the health,
safety, peac�e, morals and general welfare of persons residing or
working in the neighborhood of such proposed uses, nor injurious
to property ar�d img�rovements in the neighborhood.
NOW, TF�'ORE, BE IT F2ESOLVID:
That after careful vonsideration of maps, facts, exhi.bits, testimony and
other evidenoe suYmitted in this matter, the application for Use Permit is
hereby reoaanmiended for appraval, subject to the oonditions which are
enwnerated in this Resolution beginnirig on Page 2 thereof; and
That the suboonclusions upon which the fir�dings and conditions specified
in this Resolution are based and contained ir► the Public Hearing record
concerning Application 8-U-90 as set forth in the Minutes of the Planning
C�ni.ssion Nleeting of August 27, 1990, and are incorporated by refererx�e
as though fully set forth herein.
Resolution No. (8-U-90) 08/27/90
Page -2-
SDCI'ION II. PRO�TEICT DF�tIPTION
Application No(s) 8-U-90
Applicant Hillview Bible Church
Praperty Owner Hillview Bible Church
I�ocation 1160 S. Stelling Road ,
SF�CTION III. QONDITIONS ADNII�TISI�2ID BY 'IHE PUBLIC WORKS D�AR'IN�1T
1. STRE�r
Street� improvements shall be installed in acoordance with grades and
standards as specified by the City �gineer.
2. FIRE HYDRADfr
Fire hydrants shall be located as required by the City.
3. GRADIlJG
Grading shall be as approved and required by the City Engineer in
a000rdanoe with Ordinance 125.
4. DRAIl�,GE
Drainage shall be pravided to the satisfaction of the City F�igineer.
S�arface flow across public sidewalks may be allowed in the R-1, R-2 and
R-3 zones unless storm drain facilities are deemed necessary by the .
City �gineer. Developament in all other zoning districts shall be
served by on site storm drainage facilities oonnected to the City storm
drainage system. If City storm drains are not available, drainage
facilities shall be installed to the satisfaction of the City IIzgineer.
5. UNDII�GROUND [TrILITIES
The developer shall oce�ly with the requirements of the Underground
Utilities Ordinance No. 331 and other related Ordinances and
regulations of the City of G'�ertino, and shall coordinate with
affected utility praviders for installation of underground utility
~ devices. The develaper shall sulsnit detailed plans shawing utility
und� provisions. Said plans shall be subject to prior approval
of the affect�ed Utility pravider and the City �gineer.
6. A�GREII�JT
The project develapex shall enter into a in�rovement agreement with the
City of G'�xpertino providirig for payment of fees, including but not
l to checacing and inspec.-tion fee.s, storm drain fees, park
dedication fees and fees for undergraiuyding of utilities. Said
agreement shall be executed prior to issuanoe of oonstruction permits.
Resolution No. (8-U-90) 08/27/90
Page -3-
7. ZRANSFOFd�2S
Elec.-trical transformers, telephone vaults ar�d similar abave graur�d
equipment enclosures stlall be screexied with fencirig ancl larXLscaping or
locat,ed undergraurid such that said equipment is nat visible frwn public
stxeet areas.
CITY F�TGINEF�2' S CQZTIFICATE OF
A�'I'ANC� OF ENGIlJE�ING/S�tJRVEYING CJONDITIONS
(Section 66474.10 CA. Gov't. Code)
I hereby vertify that the engineering ar�d surveyiricJ oonditions specif ied
in Section III of this Resolution vonform to generally aooepted
erigineering practices.
Travic�e Whitten, Asst. City �gr.
RCE No. 20363
� SDCTION IV. OONDITIONS ADNIDJISI'ERID BY Tf� QO�1ilNITY DEVIIAPMII�Tr
DEPA17Ii�1'I
8. APPRO�IID E}��BI'I'S
The re�rnn�er�dation of approval is based on F�xhibit Sheets 1, 3, 4, 5,
6 c],ated March 28, 1990, arrl 5heet 2 dated August 15, 1990 of
Application 8-U-90 exoept as may be amended bY the Conditions
oontained in this F2�esolution.
9. NlODIFICATION OF AP'Pl�VID DEVELAPN�'I' PLAN
In the event that the applicant or subsequent property c�,mer shall
desire to make any mi.nor changes, alterations or ameridm�ent of the
appraved develop�nent plan, a written request or revised development
plan s�all be suxmitted to the Director of Planning and Develop�nent.
If the Director makes a fir�ding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be oertified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Corrnnission.
If the Director firids that the requested changes are material, such �•
c,hatZges shall be referred to the Planning Co�unission for approval. If
the changes are denied by the Plannirig Cwrnnission, the applicant may
appe.al to the City C�.incil as prdvided in City Ordinai'�ce No. 652.
If said changes are apprwed by the Planning Ccarnnission, an appeal may
be made to the City Ca�ulcil by any interested partY• F'urthe�'� anY
Member of the City Co�uicil may request a hearing before the City
Ca�uicil regardirig said approved chariges. Said request shall be made
within ten (10) days fro�n the date of approval of said chaizges by the
Plannirig Ca�miission.
Resolution No. (8-U-90) 08/27/90
Page -4-
10. PARI�JG
A miniirnun of 53 off street parking spaces shall be maintained on the
site.
Church officials shall ass�m�e the responsibility to control offsite
- parking impacts to the adjoinir�g residential neighborhood. In
addition to the faur strategies autlined in the doc�.mient labeled
"Parking Plan Re_solution", incorporated by reference in this Use
Permit 8-U-90, Church officials shall take such other reasonable steps
as are necessary to mitigate the intrusive effects of parking
overspill during peak use haurs. Church officials are encouraged to
irivestigate options to increase off street parking availability which
may inclu,de i.m�lementation of satellite parking facilities with suttle
bus service.
11. SAIVITARY DISTRZGT EASII�1'r
Prior to issuance of bui.lding permits the applicant shall resolve any
issue of potential erx;roachment into the existing on-site Sanitary
District easement, through the following means:
1) Demonstrate to the District that the building is not within the
easement
2) If a portion of the building is within the easement, work with the
District attorney to create a Hold Harmless Agreement allawirig the
exlcroacYnnent
3) Reduce the size or shape of the proposed building to remain outside
the easen�.nt.
12. L��cape Review
A landscape plan shall be sent to ASAC for review and approval prior
to issuanoe of a bui.lding permit. ASAC is to oonsider replacem�xit
specie for the proposed removal of a specimen pine, rejuvenation of
any existing plant materials, and sareening of the second story
ele�ment. ,
14. Architecture
The north ar�d south elevation seoond story windaws will be replaced
with elongated clerestory wir�daws for privacy protection to the
adjacent praperties aryd to add lic�t and air to the classrooun
facility.
�Zesolution No. (8-U-90) 08/27/90
Page -
pASSID p,Np ADOPI�D this 27th day of August, 1990 at a Ragular M�eetir�g of
the Plannirig Co�nmission of the City of Cupertino by the following roll
call vote:
AYES: �M�IISSIONIIZS: Mann, Mackenzie, Adams
NOES: OC�SSIONII2S: Fazeacas
ABSTAII�T: aCA'M�IISSIONERS:
ABSIIVT : OCl`M�SSIONE�2S :
AZ'1'E5'r: AP'PR�VID:
�s/ Robert Co�an �s� John Claudy
��� � John Claudy, Chairn�an
Director of C�nrn�nity Develo�ment G'upertino Planning Ccmunission
pere..�s/rso8 U-90
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