PC Reso 6502 M-2007-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6502
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT (10-U-75) TO CONSTRUCT A NEW
5,000 SQUARE FOOT BUILDING AT THE UNION CHURCH OF CUPERTINO
LOCATED AT 20900 STEVENS CREEK BOULEVARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Modification to a previously-approved Use Permit (10-U-75), as described in Section II 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 use is in conformance with the General Plan, Heart of the City Specific Plan and
Zoning Ordinance of the City of Cupertino, and is not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is to be located.
b) That the property involved is adequate in size and shape to accommodate the proposed
use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity
of the existing street system.
d) 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for a modification to the 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 M-2007-03 as set
forth in the Minutes. of the Planning Commission Meeting of january 22, 2008, and are
incorporated by reference as though fully set forth herein.
Resolution 6502 M-2007-03 January 22, 2008
Page-2-
SECTION II: PROTECT DESCRIPTION
Application No.: M-2007-03
Applicant: Frank Ho, on behalf of Union Church of Cupertino
Location: 1655 S. De Anza Boulevard
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for 10-U-75 shall remain in effect, unless in conflict with the
conditions of approval for M-2007-03.
2. APPROVED EXHIBITS
The approval is based on the plan set titled: "Crystal Choir, 20900 Stevens Creek
Boulevard, Cupertino, California," consisting of 5 pages labeled pages A0.0, A0.1, A2.0,
A2.1, A3.1, colored elevations, and a parking analysis, except as may be amended by the
Conditions contained in this Resolution.
3. DEVELOPMENT APPROVAL
Approval is granted to construct a 5,000 square foot building to accommodate uses for the
Union Church of Cupertino, including the Crystal choir, administrative offices, Sunday
school classes and youth group classes.
4. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The landscape plan shall provide the following:
a. Additional landscaping on site to comply with the landscaping requirements per
the City's Parking Ordinance (Chapter 19.100), including planting of parking lot
trees.
b. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Xeriscape Landscaping, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the Cupertino Municipal Code.
c. The detailed landscape plan shall clearly indicate the species, location and size of
all landscaping to be planted on site.
5. TREE REMOVAL/REPLACEMENTS
The applicant is granted approval to remove three Mulberry trees and one Chinese Maple
tree behind Montgomery Hall to allow for the construction of the new building. The
applicant shall be required to replace these trees with five new 24-inch box evergreen trees
with a tree species to be reviewed and approved by the Director of Community
Development. The replacement trees shall be noted on the landscape plan to be reviewed
Resolution 6502 M-2007-03 January 22, 2008
Page-3-
and approved by the Director of Community Development prior to issuance of building
permits for the new building
6. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. In addition, the following measures shall be
added to the protection plan:
a. For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
b. No parking or vehicle parking shall be allowed under root zones, unless using
buffers approved by the project arborist.
c. No trenching within the critical root zone area is allowed. If trenching is needed
in the vicinity of trees to be retained, the City Arborist shall be consulted before
any trenching or root cutting beneath the dripline of the tree.
d. Tree protection conditions shall be posted on the tree protection barriers.
Retained trees shall be watered to maintain them in good health.
7. STREETSCAPE
The applicant shall install streetscape improvements along Stevens Creek Boulevard that
will match the streetscape improvements on the north side of Stevens Creek Boulevard in
front of the Peet's Coffee/Panera Bread building and the new Whole Foods building. These
improvements shall include installment and maintenance of landscape strips and a
walkway constructed of interlocking stone pavers. The existing concrete walkway shall be
removed and replaced with the interlocking stone pavers to allow for permeability to
reduce storm water runoff. The applicant is required to submit streetscape improvement
plans to the Public Works Department for review and approval.
8. DRIVEWAYS
The applicant shall consolidate the two western driveways by widening the driveways into
one two-way driveway, allowing one of the one-way driveways to be removed, only if the
existing oak tree adjacent to the driveways along Stevens Creek Boulevard can be retained
in a healthy manner. If it is determined that consolidation and widening of the driveway
will either require removal or endangerment of the existing oak tree, then no changes shall
be made to the existing driveway configuration.
9. PARKING
The applicant shall provide a total of 124 parking spaces on site, including the existing 113
parking spaces and the additional 11 parking spaces along the south side of the new
Crystal Choir building that are shown on the site plan in Exhibit A. The 13 parking spaces
along the southern property line that are shown in the site plan and are adjacent to the rear
yards of the residential properties on Scofield Drive shall be eliminated.
10. MASONRY WALL
The applicant shall construct an S-foot high masonry wall along the portion of the southern
property line that is adjacent to the rear yards of the residential properties along Scofield
Drive. The masonry wall shall be posted with noise control signs on the side of the wall
Resolution 6502 M-2007-03 January 22, 2008
Page-4-
facing the church requesting visitors to keep noise levels at a minimum to be respectful of
the adjacent residential neighborhood and to not dispose of items and/or trash over the
wall. The applicant shall provide language for the signage to be reviewed and approved
by the Director of Community Development.
11. GREEN BUILDING
The applicant shall be required to construct the new building with standards equivalent to
a LEED Silver rated green building,but shall not be required to obtain certification.
12. SCREENING
All new mechanical and other equipment on the new building or on the site shall be
screened so they are not visible from public street areas or adjoining developments.
Screening materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is designed to
screen. The location of equipment and necessary screening shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits.
13. BUILDING COLOR AND MATERIALS
The building colors and materials shall match the exterior wall and roofing colors of
existing buildings.
14. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil.
16. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
The applicant must accommodate the following container requirements:
1 - 3 yd trash container (4x7)
1 —3 yd cardboard container (4x7)
Resolution 6502 M-2007-03 January 22, 2008
Page-S-
6-96 gallon toters for recyclables (2.5 x 3)
The aisle ways for access to containers must be a minimum of 30" wide. The trash
enclosure must be roofed with an interior height of 8 feet.
See guidelines for more details at:
htt�://www.cu�ertino.or�/downloads/�df/es_non_res_waste guidelines.pdf
A detail must be provided to scale to show the containers within the enclosure.
PASSED AND ADOPTED this 22nd day of January 22, 2008 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, Kaneda
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Rose
ATTEST: APPROVE
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Ciddy Wor ell Mart ille ,Chairperson
City Planner Cupertino laruling Commission
g/planning/pdreport/res/2007/M-2007-03