Reso 4309 33-U-87 (Amerided)
C I T Y O F C U P E R T I N O
10300 Torre Avenue
Cupertino, California 95014
RFSOL�ION No. 4309
OF � PIANNING QOPM�SSION OF 7� CITY OF CUPF,RTIl10
APPROVING A USE P�T TO OONSIRUCT AN OUI'DOOR STAGE
AND G�2DENING DEVICES IN CONJUNCTION WITH CHURC�i & SCHOOL ACI'IVITY
SF7CTION I • FINDINGS
Wf�f2E'AS, the Plannirig Connnission of the City of Cupertino received an
application for a Use Permit, as de��cribed on Page 2 of this Resolution;
arid
Wf�2E'AS, the applicant has met the burden of proof required to support
said application.; and
W�S, the Planning Co�unission finds that the application meets the
following requirements:
a) That the use or use.s are in conformance with the General Plan of
the City of Cupertino, and are not detrimental to existing uses
or to uses specifically ��;tted in the zone in which the
proposed use is to be located.
b) 'IY�at the property involved is adequate in size arid shape to
acc;o�rnnodate the proposed use .
c) That the propose� use is otherwise not detrimental to the health,
safety, morals arid general welfare of persons residing or working
in the neighborhood of such proposed uses, nor injurious to
property and im�rave.mexits in the neighborhood .
NOW, ��ORE, BE IT RF.SOLUID:
That after careful consideration of maps, facts, exhibits, testimony and
other evidexice su�anitted in this matter, the application for Use Permit is
hereby re�unended for approval, subject to the conditions which are
enwnerated in this Resolution b�ginning on Page 2 thereof; and
; That the subconclusions upon which the findings and conditions specified
in this Resolution are based and oontained in the Public Hearing record
concerning Application 33 U-87 (Amended) as set forth in the Minutes of
the Planning Corranission Meeting of Novembex 13, 1990, and are incorporated
by referexice as though fully set forth herein.
Resolution No.4309 (33 U-87 Ame.nded) 11/13/90
Page -2-
S�X..TION II • PRa7F]CT DESCk2IPIZON
Application No(s): 33-U-87 �Amended)
Applicant: Bethel Lutheran Church
Property Owner: Bethel Lutheran Church
Location: Southwest corner of Finch and Sorensen Avenues
SDCTION III: OONDITIONS A�iISTEftID BY THE aCN�I[JN�ITY DEVEIAPN�Fr DEPT.
1. APPROVID EXEIIBI'I'S
The re�m�endation of approval is based on Plans 1& 2 dated Revised
10/8/90, exoept as may be amended by the Conditions contained in this
R�e_solution.
2. USE LIlKITATIONS
' The subject Use Permit amenchne.nt authorizes construction and use of a
prese.ntation area stage, plac.ement of demonstration gardening
equip�nexlt, and installation of a retractable fence on the locations
shown on the approved e�ibits.
The stage area, when u�sed in conjunction with the private school,
shall be restricted to daylic�t hours. Use of the stage area for
worship arrd church related activity is permitted in accordance with
the church use pexmit, to that exte.nt that the City may regulate
church activities under constitutional limitations. Outside agencies,
associations or private parties may not use the stage area. No
am�ahlification equi�nt is allvwed. No outdoor lic�ting except
security lic�ting is allawed onto the stage or in the entire play yard
area.
3. F�SI'ING STRUCTURES/QODE ENFbRCII�1T
The foundation, stage, arid three sheds constructed in the southerly
lawn area shall be removed within 30 days of this decision. The
applicant shall arrange an appoint�ment with staff to identify any
other code violations. Once identified, correction and verification of
oorrection by staff prior to issuance of a building permit is
required.
� 4. GATE
The gate proposed for the parking lot shall be a sliding gate,
allowirig access to the required parkirig during S'�uiday Worship. 'The
gate height cannot exc.eed 6' arxi the permitted materials include wood
or wire mesh.
Resolution No.4309 (33-U-87 Am�.nded) il/13/90
Page -3-
5. FII�TC'IlJG
A fence closing off the rear of the appraved "L" shaped shed shall be
installed sirrnult.aneously with the construction of the shed. The fence
shall not �oeed 6' in height aryd wire me.sh is the allc7wed matexials.
The purpase of the feix�e is to hinder trash a�lation and the
gathering of irydividuals to the rear of the shed.
PASSID AND ADOPTID this 13th day of November, 1990 at a Regular Nle�tirig of
the Planning Cce�unission of the City of Cupertino by the follawing roll
call vote:
AYES: CXI�KISSIONER.S: Adams, Fazekas, Mackenzie, Mann, and
Chairnian Claudy
NOES : �Il�IISSIONE�2.S : None
ABSI'AIlJ: �M�IISSIONIIZS: None
ABSENT: �IISSIONII�S: None
ATPE�I': APPft�VID:
�s/ R�bert Cowan �s/ John Claudy
Robext Cawan John Claudy, Chairman
Director of Planning C�ipertino Planning Canunission
33-u-90/peresos