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Reso 4606 12-U-73 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 � RESOLUTION NO. 4606 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT MODIFICATION TO ALLOW RETREATS, EDUCATIONAL ACTIVITIES SECTION I: 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 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 welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. 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 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 12-U-73 as set forth in the Minutes of the Pla.nning Commission Meeting of May 8, 1995, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 12-U-73 Applicant: Marianist Novitiate Property Owner: Marianist Novitiate Location: 22622 Marianist Way Resolution No. 4606 (12-U-73) May 8, 1995 Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMM ITY DEVELOPMENT DEPT l. APPROVED EXHIBITS ' The recommendation of approval is based on the Site Plan revised March 1995, except as may be f amended by the Conditions contained in this Resolution. � I 2. USE LIMITATIONS Permitted uses may include educational programs, conferences, secular and nonsecular retreats. Receptions not associated with the above mentioned permitted uses shall be prohibited, except I � for an annual alumni reception held by the Marianist Order. , 3. SIX MONTH REVIEW PERIOD � Use permit shall be reviewed six months after implementation of parking plan. Purpose of the review shall be to analyze whether the 20 additional parking stalls proposed in said parking plan � aze sufficient to meet the demand caused by the center's activities. 4. MAXIMUM ALLOWED GUESTS The capacity of the Center shall not exceed 50 individuals at any given time unless written permission has been granted by the Director of Community Development with the exception of ' an annual alumni reception held by the Marianist Order. 5. PERMISSION TO EXCEED MAXIMUM ALLOWED GUESTS On special occasions applicant may submit a request to the Director of Community Development to exceed the maximum allowed capacity of the Center. With the request, applicant shall also submit a carpool and shuttle plan for the event demonstrating that the neighborhood will not be impacted by overflow parking. � 6. AMPLIFIED SOUND No amplified sound shall be permitted on site. 7. ON-SITE LIGHTING Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. Resolution No. 4606 (12-U-73) May 8, 1995 Page -3- 10. FIRE HYDRANT Fire hydrants shall be located as required by the City. ' 11. TRAFFIC SIGNS ' Traffic control signs shall be placed at locations specified by the City. I 12. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. i 13. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 � of the Cupertino Municipal Code. 14. DR.AINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface 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 Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage � system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 15. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. � 16. DEDICATION OF WATERLINES The developer shall execute a quitclaim deed for underground water rights to Cupertino Water Company and shall reach an agreement with Cupertino Water Company for water service to the subject development. 17. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. a. Checking and Inspection Fees: 5% of Improvement Cost or $1,744.00 min. b. Development Maintenance Deposit: $500.00 c. Storm Drainage Fee: $1290/acre d. Power Cost: $75.00 e. Map Checking Fees: N/A f. Park Fees: N/A Resolution No. 4606 (12-U-73) May 8, 1995 Page -4- The fees described above are imposed based upon the current fee schedule adopted by the City council. However, the fees imposed herein may be modified at the same time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at ` the time will reflect the then current fee schedule. � ( PASSED AND ADOPTED this 8th day of May, 1995, at a Regular Meeting of the Plannmg Commission of the City of Cupertino, State of California, by the following roll call vote: ( � AYES: COMM�SSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle ' NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: I ABSENT: COMMISSIONERS: ATTEST: APPROVED: � � ' i �'� '� �-� � ✓�� �'� � Robert S. Cowan David Do e, Chai I Director of Community Development Planning Commission � � g:/pdrepordres12u73 I