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Reso 4967 33-U-87(M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4967 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO A USE PERMIT TO ALLOW THE RELOCATION OF THE PICNIC TABLES AT AN EXISTING CHURCH/PRIVATE SCHOOL AND DAYCARE FACILITY AT 10181 FINCH AVENUE AND THE CONSOLIDATION OF PREVIOUS CONDITIONS OF APPROVAL (FILE NOS. 51,070.1, 26-U-74 AND 33-U-87) INTO A SINGLE PERMIT SECTION I: FINDINGS 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 application; and has satisfied the following requirements: 1. 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. 2. That the property is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. 4. 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. 5. That the proposed structures are reasonably compatible in scale with the residential neighborhood. 6. That the proposed use reinforces the predominantly low-intensity setting of the community. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, e�iibits, 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 and contained in the public hearing record concerning Application 33-U-87(M) set forth in the Minutes Resolution No. 4967 33-U-87(M) October 12, 1998 Page -2- --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- of the Planning Commission Meeting of October 12, 1998, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 33-U-87(M) Applicant: Yvonne Waters/ Gene Palmer Property Owner: Bethel Lutheran Church Location: 10181 Finch Avenue SECTION III: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT. 1. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMPROVEMENTS Curb and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. 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. 4. FIRE HYDRANTS Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City 6. 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. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 125. 8. DRAINAGE 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. Resolution No. 4967 33-U-87(M) October 12, 1998 Page -3- 9. UNDERGROLTND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with i affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 10. IMPROVEMENT AGREEMENT The project developer shall enter into an improvement agreement with the City of Cupertino providing for payment of fees, including by 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. 11. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screen with fencing and landscaping or located underground such that said equipment is not visible from public street areas. SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 12. APPROVED EXHIBITS The approval is based on Exhibits labeled: A-98, B-98, C-98, D-98, E-98, F-98, G-98, H-98, I-98, J-98, K-98, L-98 and M-98, except as may be amended by the conditions contained in this Resolution. 13. PREVIOUS CONDITIONS OF APPROVAL All previous conditions of approval in the following Planning Commission Resolutions and City Council Action Letters are hereby rescinded: Planning Commission Resolution No. 1341 Planning Commission Resolution No. 1607 City Council Action Letter for file no. HC51,070.1 dated 1/18/77 ASAC Resolution No. 681 Planning Commission Resolution No. 1979 Planning Commission Resolution No. 2217 Planning Commission Resolution No. 2407 Planning Commission Resolution No. 3084 City Council Action Letter for file no. 33-U-87(Rev) dated 8/1/88 Planning Commission Resolution No. 4309 Planning Commission Resolution No. 4705 Resolution No. 4967 33-U-87(M) October 12, 1998 Page -4- 14. LAND USE LIMITATIONS Land uses allowed by this permit include the following: a) Daycare facility b) Nursery school ( c) Private elementary school serving grades K-6t with a maximum of 150 students and operated in conformance with County and State regulations d) Church services and associated meetings e) Special church related events 15. PARKING AREA IMPROVEMENTS The parking area shall be improved as followed: a) The number of parking spaces shall be maximized by restriping and reconfiguring the circulation within the available paved area. b) The existing chain link fence with slats located along the property line shall be properly maintained to screen visibility of cars from the adjoining properties. Alternatively, the applicant may replace the fence with a wooden fence. c) Provide parking lot lighting which does not spill over into the adjoining residential areas. d) Provide landscaping along the west property line which may be individual tree wells or a continuous landscape area. ' e) The gate proposed for the parking lot shall be a sliding gate, allowing access to the required parking during Sunday Worship. The gate height cannot exceed 6 feet and the permitted materials include wood or wire mesh. 16. PARKING The Planning Commission may review the use permit at such future time as on-site parking may be found inadequate to serve the church property. 17. FLOODING Santa Clara Valley Water District maps indicate that the site is subject to a 1% chance of flooding. The applicant shall demonstrate that the first floor pads for any portion of the additions are not subject to being flooded in a 1% flood. The pads may be revised slightly or the site perimeter modified to meet this requirement, subject to staff approval. 18. STATUS OF STAGE As part of this use permit approval, the performance stage shall be demolished. 19. PERMITTED USES STRUCTURES AND IMPROVEMENTS IN THE SOUTHERLY PORTION OF SITE The southerly portion of the site may be developed with the following uses, structures and improvements as depicted in the approved e�chibits specified in Condition No. 12. a) Landscape buffer and grass playfield b) Storage shed c) Demonstration Garden d) Wooden Trellis Resolution No. 4967 33-U-87(M) October 12, 1998 Page -5- --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- 20. LANDSCAPE IMPROVEMENTS IN THE SOUTHERLY PORTION OF THE SITE The southerly portion of the site shall be improved with perimeter landscaping and grass turf areas. The perimeter landscaped area shall be a minimum of 10 ft. in width and shall, as a minimum, provide the following materials. I East and West Side of Southerlv Lot Box Wood - 5 ft. on center, 5 gallon size Hollywood Junipers - 16 ft. on center, 5 gallon size Two feet of fence lattice shall be added to the rear fence of 10197 Finch Avenue from the northwest corner of the residential lot to a point aligned with the side of the shed, which has been agreed to by the property owner. Additional landscaping shall be planted along the new fence lattice, consisting of shrubs and one 24" boxed tree. Southerl�Propertv Line Shrubs - 7 ft. on center, 5 gallon size Photinia Fraseri or Pittisporum Southwest Corner Cluster of three 15 gallon Coast Redwoods. 21. STORAGE SHED CONSTRUCTION The storage shed shall be constructed with firewalls and a Class A roof. The exterior walls shall be unevenly surfaced to reduce their effectiveness as a play surface. 22. SHED FENCING A fence closing off the rear of the approved "L" shaped shed shall be installed simultaneously with the construction of the shed. The fence shall not exceed 6 feet in height and wire mesh is the allowed material. The purpose of the fence is to hinder trash accumulation and the gathering of individuals to the rear of the shed. No storage of materials shall be allowed in the setback area. 23. SHED SECURITY The owner shall post a 24 hour telephone number on the shed exterior wall for resident complaints about noise or trespassing. The shed shall be kept locked when not in use. 24. RELOCATION OF PICNIC TABLE AREA The picnic tables may be relocated to other improved areas of the subject property, excluding the southerly portion of the lot. 25. TRASH CONTAINER The trash container located near the north driveway shall be removed and relocated to the southwest corner of the property. The detailed landscaping and enclosure plans for this area shall be approved by staff at the building permit stage Resolution No. 4967 33-U-87(M) October 12, 1998 Page -6- --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- 26. FIRE SPRINKLER SYSTEM An approved automatic fire sprinkler system shall be provided throughout all portions of the new classroom building. 27. SANDBOX AND PLAY STRUCTURE The play yard areas shall be moved a minimum of 10 ft. from the property line to provide a buffer to the adjoining single-family lot. If the play structure is reconfigured, the elevated platforms shall be moved as far as possible from 10197 Finch Avenue, APN 375-03-002. 28. OUTDOOR NOISE No phonographs, radios, public address or paging systems, powered megaphones, bells, buzzers or similar noise-making devices, including musical groups, will be permitted outdoors at any time. PASSED AND ADOPTED this 12th day of October, 1998, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Stevens and Chairwoman Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert S. Cowan Donna Austin, Chairwoman Director of Community Development Cupertino Planning Commission g/pl anning/res/R33 U87