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Reso 4997 39-U-85 (M) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4997 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A MODIFICATION TO A USE PERMIT FOR AN EXISTING CHURCH FOR A PLAYGROUND AREA. 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 distance between the proposed playground and adjoining residential uses is approximately 70' creating a buffer for noise and privacy protection. b) The church is occupying a portion of the playground now and no noise code enforcement complaints have been received and no increase in pupil enrollment is requested. c) The storage buildings are compatible with the exterior buildings' color and general appearance. The buildings are of good quality, will be maintained, placed adjacent to exterior buildings and not visible from adjoining properties. 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 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 39-U-95(M) as set forth in the Minutes of the Planning Commission Meeting of December 14, 1998, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 39-U-85 (M) Applicant: New Life Church Property Owner: New Life Church Location: 20900 McClellan Road Resolution No. 4997 39-U-85 (M) December 14, 1998 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The approval is based on the plan pages 1& 2 titled Playground Renovations and dated October 14, 1998 of application 39-U-85(M) except as may be amended by the conditions contained in this Resolution. 2. STOR.AGE SHEDS The two storage sheds shown on plan page 2 are approved for 3 years. The buildings shall be approved by staff. They shall be compatible with the adjacent building color and have the same general appearance and be of quality materials. 3. LANDSCAPING The minimum size of the proposed trees shall be 15 gallon. ----------------------------------------------------------------------- ------------------------------------------------------------------------- PASSED AND ADOPTED this 14th day of December, 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 Austin NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: 1 �� Robert S. Cowan Do a Austin, Chairwoman Director of Community Development Cupertino Planning Commission g/planning/res/3 9u8 5 m