Reso 5092 17-U-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 5092
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE DEMOLITION OF AN 800 SQUARE
FOOT PATIO ENCLOSURE AND THE ADDITION OF 8,109 SQUARE FEET OF
CLASSROOM, MULTI-USE AND SUPPORT ROOMS AT AN EXISTING CHURCH AND
PRESCHOOL LEARNING CENTER ON A 3.07 ACRE LOT.
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) The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
b) The proposal conforms to the General Plan of the City of Cupertino.
c) The proposal is consistent with the Zoning Ordinance.
d) The property involved is adequate in size and shape to accommodate the proposed use.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Lise 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 as set forth in the
Minutes of the Planning Commission Meeting of September 13, 1999 and are incorporated by
reference as though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 17-U-99
Applicant: J. Michael Horton
Location: 20075 Bollinger Road
Resolution No. 5092 17-U-99 December 13, 1999
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the plan set titled "The Church Assembly in
Cupertino" dated October 25, 1999, updated on November 29, 1999 with modifications as
may be amended by the conditions contained in this Resolution.
2. PLAN SET MODIFICATIONS
Architectural modifications to break up the two story wall plane at the easterly elevation of
the church, and tree type modifications to the landscape plans to minimize negative impacts
on neighbors shall be made prior to issuance of a building permit to the satisfaction of the
Director of Community Development.
3. GRADING
Installation of the drainage swale at the rear of the property, and all necessary drainage
features, will be completed prior to commencement of construction.
4. MASONRY WALL
A masonry wall shall be provided on the project's mutual boundary with residentially
zoned or used property. Said wall shall be six feet in height as ineasured from highest
adjoining grade.
5. NOISEMAKING DEVICES
No public address system or paging system, powered megaphone or similar noisemaking
device shall be permitted outdoors at any time.
6. USE LIMITATIONS
There shall be a maximum of 250 people on-site at any one time. The pre-school/learning
center shall have a maximum of 25 students at any one time, with hours of operation
Monday through Friday from 8:30 a.m. to 3:30 p.m.
7. BICYCLE PARKING
The applicant or church shall install secured bicycle locking devices, providing for at least
16 bike spaces.
8. PARKING
A minimum of 78 parking spaces shall be provided on-site. This is based on the condition
that the maximum number of people allowed on-site is 250. If parking problems develop in
the future, the use permit shall be reviewed by the Planning Commission and remedies
pursued including, but not limited to: modification of the schedule of uses, an increase in
on-site parking, or a total reduction in the allowed occupants.
Resolution No. 5092 17-U-99 December 13, 1999
Page-3-
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
9. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer.
10. 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.
11. 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.
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City.
13. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
14. 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.
15. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. Overland release shall be provided. Pad
elevations shown on the exhibits will be adjusted as necessary prior to issuance of grading
permit.
16. 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.
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.
' Resolution No. 5092 17-U-99 December 13, 1999
Page-4-
Fees:
a. Checking & Inspection Fees: 5% of Improvement Cost or $1,975.00
minimum
b. Development Maintenance Deposit: $1,000.00
c. Storm Drainage Fee: $950/acre = $2,916.50
d. Power Cost: $75.00 per street light
e. Map Checking Fees: N/A
f. Park Fees: N/A
g. Grading Permit: 5% of on-site improvement Cost or
$460.00 minimum
-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 time of
recordatiori of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
18. 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.
19. DEDICATION OF WATERLINES
The developer shall execute a quitclaim deed for underground water rights to Cupertino
Water and shall reach an agreement with San Jose Water Company for water service to
the subject development.
20. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity which disturbs soil. BMP plans shall be included
in your grading and street improvement plans.
PASSED AND ADOPTED this 13th day of December, 1999, at a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairman Doyle
NOES: COMMISSIONERS: Harris
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: AP O E .
. / /0 ��
Robert S. Cowan David Doyle, hair r n
Director of Community Development Cupertino Planning Commission
g/planning/res/17-U-99 Reso