Reso 6427 M-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6427
OF THE PLANNING COMMISSION OF THE CIT'Y OF CUPERTINO APPROVING A
MODIFICATION TO A USE PERMIT (FILE NO. 39-U-85) TO ALLOW FOR AN
APPROXIMATELY 3,863 SQUARE FOOT, ONE-STORY MULTI-PURPOSE BUILDING
AT AN EXISTING CHURCH LOCATED AT 20900 MCCLELLAN ROAD
SECTION I: FINDINGS FOR USE PERMIT
jNHEREAS, 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) The proposed use, 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;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Modification of a Use Permit is hereby
approved, 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 are contained in the public hearing record concerning Application
No. M-2006-04, as set forth in the Minutes of the Planning Commission Meeting of
October 10, 2006, and are incorporated by reference as though fully set forth herein.
Resolution No. 6427 M-2006-04 October 10, 2006
Page 2
� SECTION II: PROTECT DESCRIPTION
Application No(s): M-2006-04
Applicant: Daryl Hawkins
Location: 20900 McClellan Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the plan set titled, "NEW LIFE
CHURCH/CUPERTINO CHURCH OF THE NAZARENE/ 20900 McClellan Rd.,
Cupertino, CA 95014", consisting of five sheets dated 08/07/06, 08/26/06 and
08/28/06 labeled: A-1 through A-5, except as may be amended by the conditions
contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
3. LANDSCAPING:
Applicant shall fill the gaps in the shrubby perimeter landscaping with like shrubs.
4. ROOFTOP EQUIPMENT:
All rooftop equipment shall be screened from public view by the building parapet.
The Director of Community Development may approve a higher building parapet
to achieve this equipment screening.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT.
5. TRASH ENCLOSURE:
The trash enclosure shall be enlarged, modified or rebuilt to accommodate, at a
minimum the following containers:
1 - 3 yard garbage container (4' x 7')
Resolution No. 6427 M-2006-04 October 10, 2006
Page 3
` 1 - 3 yard cardboard container (4' x 7')
� 3 - 96 gallon recycling containers (2.5' x 3' each)
In addition, a roof is required over the trash enclosure. The interior height of the
enclosure must be a minimum of 8 feet. The floor of the enclosure shall not drain
to cause any storm runoff to the adjacent pavement or to allow run-on of storm
water into the enclosure. Construction plans shall be reviewed and approved by
the Director of Public Works.
6. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications as required by the City Engineer.
7. 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.
8. 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.
9. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
10. 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.
11. GRADING .
Grading shall be as approved and required by the City Engineer in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404
permits may be required. Please contact Army Corp of Engineers and/or Regional
Water Quality Control Board as appropriate.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
Pre and Post-development calculations must be provided to identify if storm drain
facilities need to be constructed or renovated.
13. FIRE PROTECTION
Resolution No. 6427 M-2006-04 October 10, 2006
Page 4
� Fire sprinklers shall be installed in any new construction to the approval of the
City and Santa Clara County Fire.
14. UNDERGROUND 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 affected utility providers for installation of
underground utility devices. Ordinance No. 331 requires all overhead lines to be
undergrounded whether the lines are new or existin�. 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.
15. 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.
Fees:
a. Checking & Insp. Fees: Greater of $3,540. min. or 6% of
Improvement Cost
b. Grading Permit: Greater of $2,060. min. or 6% of
Improvement Cost
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $6,428.61
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100%
Performance Bond
-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 recordation 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.
** Developer is required to pay for one-year power cost for streetlights.
Resolution No. 6427 M-2006-04 October 10, 2006
Page 5
I 16. 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.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
� CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section.66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of
this resolution conform to generally accepted engineering practices
CQ C�, u. c.-�s
Ralph Qualls,Director of Public r
City Engineer CA License 22046
PASSED AND ADOPTED this 10th day October 2006, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer,Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saadati
ATTEST. r API�OVED: ,
�. ` �� �
� "`;' .,-� �
- � ,/ � �JZ� � , e_'
Steve iasecki Marty �r, Chair
Director of Community Development Planning Commission
G:Planning/PDREPORT/RES/2006/M-2006-04 res.doc