Reso 6854U-2017-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6854
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW FOR THE CONTINUED OPERATION
OF FIVE EXISTING TENNIS COURTS AND A HALF COURT PRACTICE AREA, AT
10885 NORTH STELLING. ROAD (A.P.N. 326-07-022)
SECTION I: PROTECT DESCRIPTION
Application No.: U-2017-01
Applicant: John Schwarz
Location: 10885 North Stelling Road (APN: 326-07-022)
SECTION II: FINDINGS FOR USE PERMIT:
VHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
'ermit as described in Section I. of this Resolution; and
WHEREAS, the tennis courts and practice area were constructed and operated without permits since
2003 and` the property owners wish to obtain permits for the construction and continued operation
of these facilities; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the project is determined to be categorically exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
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;
The location of the tennis courts is within an area of mixed commercial, office, and public -quasi uses and
adjacent to complementary uses, including Valley Church and an existing picnic area and volleyball
courts. Additionally, the applicant is required to adhere to the City of Cupertino -s Noise Ordinance,
Resolution No. 6854 U-2017-01 March 27, 2018
Page 2
Chapter 10.48: Community Noise Control. Therefore, the proposed use will not be detrimental to th
public health, safety, and welfare.
2. The proposed development and/or use will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the
purpose of this title and complies with the California Environmental Quality Act (CEQA).
The tennis court use complies with the Cupertino General Plan and Municipal Code requirements,
including but not limited to, parking regulations, and security measures. The conditions of approval
ensure that the use is conducted as an accessory recreational facility associated with churches, and in a
manner that is consistent with the Cupertino General Plan and Municipal Code requirements as
mandated in Chapter 10.48: Community Noise Control.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning
on PAGE 2 thereof,:
The application for a Use Permit, Application no. U-2017-01 is hereby approved 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 no. U-2017-01 as set forth in the
Minutes of Planning Commission Meeting of March 27, 2018 and are incorporated by reference
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by William K. Mayfield entitled "Valley Church
Cupertino" consisting of six (6) sheets labeled as A-1.1, A-1.2, A-1.3, A-2, A-3 and A-4 except as
may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but
not limited to property boundary locations, building setbacks, property size, building square
footage, any relevant easements and/or construction records. Any misrepresentation of any
property data may invalidate this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of
the building plans.
Resolution No. 6854 U-2017-01 March 27, 2018
CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in
approval.
Page 3
file nos. ASA -2017-02 shall be applicable to this
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from shall remain in effect unless superseded by or in conflict
with subsequent conditions of approval, including the conditions contained herein in this
resolution.
6. OPERATIONS
The tennis courts are approved as an accessory use to the Church. This use permit does not
permit the operation of the tennis courts as a principal use separate from the Church. or outside
the normal hours of operation allowed by the Municipal Code.
7. BUILDING PERMIT
The property owners will be required to apply for a building permit to verify and review the
construction of the tennis courts, ancillary fencing, and lighting.
8. MODIFICATION OF OPERATIONS
Changes to the operations determined to be minor shall be reviewed and approved by the
Director of Community Development. Further, the Director of Community Development is
empowered to make adjustments to the operation of the tennis courts to address any
documented problem or nuisance situation that may occur.
9. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of the conditional use
permit have not been implemented, or where the permit is being conducted in a manner
detrimental to the public health, safety, and welfare, in accord with the requirements of the
municipal code.
10. LAW ENFORCEMENT SUPPORT
The property owner shall address security concerns in the event that they arise to the satisfaction
of the City. The property owner shall pay for any additional Sheriff enforcement time resulting
from documented incidents in the development at the City's contracted hourly rate with the
Sheriff Department at the time of the incident.
The City reserves the right to require additional security patrols and/or other measures as
prescribed by the Sheriff's Office or Code Enforcement.
Resolution No. 6854 U-2017-01 March 27, 2018
Page 4
11. PARKING AGREEMENT
The property owner shall record an agreement obligating existing and future property owners to
a shared parking agreement for the five parcels as illustrated on site plan prior to issuance of
building permits. Said agreement shall be subject to approval of the City Attorney prior to
recordation. The intent of this condition is to ensure required parking is available for the
proposed uses.
12. DRIVEWAY CONSOLIDATION AND INGRESS/EGRESS EASEMENT
Should the applicant not obtain appropriate building permits and record appropriate easements
for consolidation of the west driveway off of Homestead Road, prior to final occupancy, the
applicant shall record a covenant (or whichever legal document deemed appropriate by the City)
agreeing to consolidate the existing driveway off of Homestead Road and record an appropriate
Reciprocal Access Easement over portions of the property for shared driveway access. The
nonexclusive easement shall provide vehicular and pedestrian ingress and egress over the area
for shared driveway access. The easement language shall provide that construction of the
driveway shall be completed/connected to the City's satisfaction at such time as the city can
require the adjacent property owner to agree to consolidate the driveway and provide a
reciprocal ingress/egress easement through a planning permit. The agreement language
including the driveway and easement layout shall be reviewed and approved by the City prior to
recordation with the County Recorder's Office. The easement shall contain a provision that '
may not be modified or removed without express written approval from the City.
13. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning designation and property
purchasers should check with the City to determine the specific restrictions under the Planned
Development Zone and related permits.
14. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
15. EXPIRATION
If the use, for which this conditional use permit is granted and utilized, has ceased or has been
suspended for one year or more, this permit shall be deemed expired and a new use permit
application must be applied for and obtained.
16. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City,
its City Council, and its officers, employees and agents (collectively, the "indemnified parties")
from and against any claim, action, or proceeding brought by a third party against one or more c
Resolution No. 6854 U-2017-01 March 27, 2018
Page 5
the indemnified parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The applicant shall pay such attorneys' fees and costs within 30 days
following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid
to counsel not otherwise employed as City staff and shall include City Attorney time and
overhead costs and other City staff overhead costs and any costs directly related to the litigation
reasonably incurred by City.
17. 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.
'ASSED AND ADOPTED this 27th day of March, 2018, at the Regular Meeting of the Planning
:ommission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Paulsen, Sun, Fung, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Takahashi
ATTEST:
Benjamin Fu
Assist. Dir. of Community Development
APPROVED:
Geoff Pa , en
Chair, Planning Commission