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Reso 5096 I K-1 1-�)�) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 5096 OF THE PLANNING COMMISSION Ol� TIIE C1TY OT CUI'I;R"I�'INO APPROVING A USE PERMIT AND MINOR ARCHITECTURAL MUDI1�'ICn"I�IONS "I'(> i�Nl> EXISTING BUILDING FOR ANCILLARY CHURCFI 11SLS SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Ctipertino rccc:ived an applic��ti��n I��r a Utic Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordancc with thc l'r��ccciur��l Ordinance of the City of Cupertino, and the Plannin� Comtl�ission has hcicl ��nc ��r m��rc ��uhlir hearings on this matter; and WHEREAS, the applicant has met the burden o1� prooF required to sup��ort saicl a����licati��n; an�l h�is satistied the following requirements: 1) The proposed use, at the proposed location, will not be detciment��l ��r injuri��us t�� ��r����crty ur improvements in the vicinity, and will not be detrimental to the ��ublic hcalth, tialcty, �cncral welfare, or convenience; 2) The proposed use will be located and coilducted in a manner in acc��rc1 with the ('u��crtin�� Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testinlony and othei- cviclence suhn�ittc�t in �his matter, the application for Use Permit is hereby recommended lor ap��r��val. suhjcct ��� thc c��n�li�i��n� which are enumerated in this Resolution beginning on Page 2 theceoC; ancl That the subconclusions upon which the findin�s and conditions specificcl in this res��luti��n arc h��tic�l �incl contained in the public hearing record concernin�; Application No. 13-U-98 as set Forth in thc Minutcs ��I� �I�� Planning Commission of December 14, 1998 and are incorpo►-ated by re(-erence as th��u�h I��illy s�t ti���th I���r��i��. SECTION II: PROJECT DESCRIPTION Application No.: 18-U-99 � Applicant: John Heyer, The Valley Church o��Santa Claca Co�mty Location: 10885 North Stelling Road Resolution No. 5096 18-U-99 I�c;bruary 14, 200U Page -2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNI"(,Y DEVLLOI'MI;N"I' UI�:I'"I'. 1. APPROVED EXHIBITS Approval is based on t11e Exhibit B, Site Plan, Exhibit C and Llevations cxccpt as may hc amcn�l��l by conditions contained in this resolution. 2. ALLOWED USES AND HOURS OF OPEI2ATION The uses of this parcel s11a11 be restricted to those described in Lxhibit n, Ictter I�r��m J��I�n I I����r, � dated January 12, 2000, volley ball courts, ancl outdoor picnic activities. I Ic�urs c�f c���cr<<tic�n shall be 7:00 a.m. to 11:00 p.m. 3. OUTDOOR AMPLIFIED MUSIC There shall be no outdoor amplified music. 4. ON SITE IMPROVEMENTS The applicant/property ovv�ler shall submit a lai�dscape pl�►i �For bolh �hr: unimpr��vccl ����rti�,n �>I�tl�c parcel and the volley ball courts (as noted on �xhibit D) subject to sta17� ap��roval bcl��rc thc issuance of a building permit and mList install the approved landscape ��Iz�n ��ri��r t�� I inal u��u���incy of the building. ' S. PARKING LOT IMPROVEMENTS The Applicant shall submit a landscaping/improveinent plan ior the ai-ea (��s nolccl ��n 1?xhihit I)) lacking in adequate ]andscaping subject to staft appcov�il prioi� to thc issuancc ��t�a huil�lin� ���rn�i� and must complete the plan prior to tinal occupancy ofi lhe buildin�. 6. NOTICE OF FEES, DEDICATIONS, R�SCRVAT[ONS OR O'I'Iit.IZ I�;XnC'I'ION� The Conditions of Project Approval set fortti herein may include ccrtain Iccs, cic�lic.itiun requirements, reservation requirements, and other exactions. I'ursuant t�� (���vcrnmcnt ('ucl� Section 66020(d) (1), these Conditions constitute written notice uf a statement ��I� thc an�<�unt ��I� such fees, and a description of the dedications. resei-vations, and ��thci- exacti��ns. Y��u ��rc I�crchv further notified that the 90-day approval period in which you ���ay pi-otcs� thcsc Iccs, �Ic�lic�itiuns, reservations, and other exactions, pursuant to Government Code Section 6602O(a), has hc��un. I I� you fail to file a protest within this 90-day period complying with all <�f thc rcc�uiremcnts ��I�ticcli��n 66020, you will be legally barred fiom later cllallenging sL�ch exactions. SECTION IV: CONDITIONS ADMINISTERED I3Y THE PU[3L[C WORI<S I)I:1'nl:'fMI�:N'I' 7. STREETSCAPE IMPROVEMENTS The applicant shall replant with appropriate species and placemenC witl� lhc arcas �is n��tccl in Exhibit G, subject to the approval of the Public Worl<s Staff and must c<�m��lcte saicl rr��l��ntin��s prior to final occupai�cy of the building. ResolutionNo. 5096 18-U-99 I��bruary 14, ?UOU Page -3- PASSED AND ADOPTED thisl4th day of February 14, 2000, at a IZe�ul��r Mcclin� ��I� thc I'I�innin�� Commission of the City of Cupertino, State of California, by the �fol(owin� roll call v��tc: AYES: Corr, Doyle, Harris, Kwok, Stevens NOES: . ABSTAIN: ABSENT: ATTEST: APPROVED: � _ �i��� , Steve Piasecl<i Andrea I-larris, CII�III'��CI'SOIl Director of Community Development Cupertino I'lannin�.! Cuministii�,n g:/pdreport/res/res 18u99