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Reso 4497 13-U-93 CITY OF CUPERTINO 103 00 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4497 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR MASTER DEVELOPMENT PLAN, INCLUDING TREE PLANTING AND REMOVAL, TEACHING CENTER, PRACTICE GREEN, PATIO COVER AND LIGHTING --------------------------------------------------------------------------- --------------------------------------------------------------------------- SECTION L• FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 1 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is I to be located. ( b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general I welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. i NOW, THEREFORE, BE IT RESOLVED: ( That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved contingent upon the approval and effective date of the rezoning and 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 and contained in the Public Hearing record concerning Application 13-U-93 as set forth in the Minutes of ' the Planning Commission Meeting of January 24, 1994, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 13-U-93 Applicant: Deep Cliff Golf Course Property Owner: Hubback Location: McClellan Road/Foothill Blvd. Resolution No. 4497 13-U-93 January 24, 1994 Page-2- -------------------------------------------------------------------------- --------------------------------------------------------------------------- SECTION IIL• CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The approval is based on Site Plan (1/14/94), Scope Narrative (11/16/93), E�chibit A(11/15/93), Exhibit B(11/11/93, Exhibit C(11/15/92), E�chibit D(9/28/93), RMW letter (12/6/93), Deep Cliff letter to Michele Bjurman of January 13, 1994, Summary of Neighbor Meeting of January 5& 1 l, 1994 and E�chibit E(Revised Parking Plan) dated 1/14/94. 2. PHASING The phasing is approved as called out in the Scope Narrative dated November 16, 1993. 3. AMPLIFICATION SYSTEM The amplification system shall not be audible beyond the property lines. This shall be confirmed by a report by a certified noise consultant. The audibility of the amplification system shall be reviewed in one year from the approval date by the Planning Commission to confirm conformance. I 4. HOURS OF OPERATION The public hours of operation for the golf course and maintenance activities shall be April through September, 5:00 AM to 10:00 PM and October through March, 5:30 AM to 8:00 PM. The clubhouse ( hours of operation are April through September 5:00 AM to 11:00 PM and October through March, 5:30 AM to 10:00 PM. The lights shall be turned off, gates closed, public and staff gone between the closing and opening hours. The hours of operation shall be reviewed in one year from the approval � date by the Planning Commission. � 5. PARKING The property owner shall complete the re-stripping, as shown on E�ibit E, prior to the final occupancy permit being issued for the Practice Center. The property owner shall notify adjoining neighbors prior to special events. Information signage, in conformance with the City Sign Ordinance, shall be placed along the west fence line requesting voluntary "resident only" parking on the east side of the street. 6. LIGHTING The lighting shown on Eachibit C is not approved. Future lighting for the practice center and adjacent green shall be the lowest lighting level and coverage area possible. Parking lot and path down lighting and fixture type shall be approved by staf£ No off-site lighting glare or overspill is allowed. Proof of this shall be provided on a contour or point by point lighting plan. The maximum illumination allowed but not necessarily approved is an average horizontal maintained illumination of less then 2 fc more than 1 fc and the average maximum to minimum ratio is generally 8 fc. The practice center lighting shall face away from Clubhouse Lane. Resolution No. 4497 13-U-93 January 24, 1994 Page-3- -------------------------------------------------------------------------- -------------------------------------------------------------------------- 7. FLOOD MANAGEMENT The property owner shall obtain the appropriate permits for construction from the Santa Clara Valley Water District, State Fish and Game and City of Cupertino (Chapter 16 - Cupertino Municipal Code) regarding construction in a flood plain. 8. TREE MANAGEMENT All trees identified in the arborist reports are approved for removal. The tree replacement plan, as prepared by Bob Walker (9/28/93), shall mitigate the tree removal. 9. LANDSCAPING PLAN REVIEW The property owner shall comply with Chapter 14 (Xeriscape) to the greatest extent possible. An arborist statement should be provided prior to the lake construction to identify the impacts to the existing redwood grove. The arborist should identify methods to mitigate significant damage to these trees. The property owner shall assume the responsibility for coordinating with the State Department of Fish and Game, Army Corp. of Engineers and Santa Clara Valley Water District regarding planting in the flood plain. I 10. PRACTICE CENTER PLAN A final development plan shall be submitted to staff for review and approval. The final plan shall be no greater in land area, building area or mats than identified on Exhibit C. --------------------------------------------------------------------------- --------------------------------------------------------------------------- PASSED AND ADOPTED this 24th day of January, 1994, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Doyle and Chairman Mahoney NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Roberts ABSENT: COMMISSIONERS: None ATTEST: APPROV�D: � '"� ,� `.� �� ; l Robert S. Cowan O m Mahoney, Cha'rman Director of Community Development Cupertino Planning Commission g:/mm/peresos/13u93