Reso 2684 29-U-85
RESOLLITIDN hlO. 2:.84
OF THE PLANNING CODIMI9SION OF THE CITY OF CUPERTINO
RECOI9h1ENDING APF'f.OVAL �F A USE PEkMIT TO CONSTRUCT
A PAFSOPdAGE AT AN EXISTING CHURCH ANQ TO REC�GtJIZE
EXISTING U5ES AN6 E�UILDING5 AT SAID GHURCH.
AFPLICANT: First baptist Church of Cupertino '
ADDRESS: 1d505 Miller Avenue, Cupertino, California 4°,414
SUBMITTED: July 24� 1985
LOCATI0�1: lJest side of Miller Avenue appro::imatelv �SU ft.
north of Att�erwood Avenue .
. FINDINGS AND SUPCONCLUSIONS:
Appraval is subject to �he findings as sak forth on Fage 1 and
the subconclusions as set forth in the minutes af tha Planning
Commission meeting of Septernber 9, 1985.
CQND I TI OP75:
_ �-1�. 5TANDAFD_CONDI'TIONS
Standard Conditions to the extent that they do not
conflict with the special conditions enumarated herein.
In the event a conflict daes exist, the special
conditions as enumerated herein shall apply.
lo. AFP�.OVED EXHIRITS
That the recommendation of approval is based on E::hihits
A, B, E-1, and Summary of Activities oT Rpplication
29-U-85 eucept as may be amended .by special conditions
enumerated herein.
17. USE_LIMITATIONS
' , Permitted uses snall include �hurr_h �nd church related
activities as described in the Summary of Nctivities.
28. F'r^,RY,ING
A minimurn of 6? parking spaczs shall be provided in the
r�ertl-� parking lot. This is based on the ur,derstandinc
tha+_ during peal: use there are a ina::im�sm of �15 persans
; at worship fsanctuary and Vietnamese t9i�sion). -�
zmpiny?es (exciuding the pastar) on the propprty, �nc =
ch:ldren in the nurBery. If parl:ing problems' de'velop in
tt-,e future, tha applicatian may be rec�nsidered ur:der
"Old Eusin�ss" and the appiicant may ba required �o
provide additional paved par{:ing spaces.
1
I
C I T Y 0 F C U P E R T I N 0
City Null, 10300 Torre Avenue
Cupertino, Californiu 95014
Telephone: (408) 252-4505
RESOLUTION OF THE PLANNING COlQtISSION OF THE CITY OF CUPERTIN� RECONAtEND-
INC APPROVAL OF A USE PERMIT
WHERE�IS, the Planning Commission of the City of Cupertino received an
applicacion tor a USE PERI�IIT, as stated on Page 2; and
IJliEREAS, the applicant has met the'burJen of proof required to support
said application; and
WHEREAS, the Planning Commission finds that the application meets che
following requirements:
a. That the use or uses are in conformance with tfie general plan
� and is noC detrimental to existing uses or to uses specifically
pezznitted in the zone in which the proposed use is to be located.
b. Thac the propercy involved is adequate in size and shape to
, acco�nodate the proposed use.
c. That the proposed use will not generate a level of traffic
over and beyond that of [he capacity of the existing street
system. --
d. That the proposed use is othercaise not detrimental to the
health, safety, peace, morals and general welfare of persons
residing or working in the neighborhood of euch proposed use
nor injurious to property and improvements in the neighbor-
._ hood.
NOW, THEREFORE, BE IT RESQLVED:
That after careful consideration of maps, facts, exhibits and other
evidence submitted in this matter, the application of the USE PERPIIT •
is hereby reco�mnended for approval, subject to the conditions stated .
' on Page 2; and .
BE IT FURTHEA RESOLVED:
That the af orementioned findings be approved and adopted, and that the
Secretary be, and is here6y directed to notify the parties aEfected by
this decision.
Flanning Commission Resolution No. �684 (continued) �9-U-�5
14. HISTgFICa�_STRUCTU�tG
An assessment of the historical significance af the
house identified as Building 4 in E::hibit A shall b�
required prior to any alternations, 3dditions,
relo�ation, etc. , of the house. If the house is
historically signifi�ant, any alternations, additions,
relocations, etc. , shall not endanger its structu�al or
crchitectural integrity.
�0. FARb:I NG LOT SCREEN
The applicant , shall install la�dscaping, alor�g tr�e
eastern boundary ❑f the north parking lot in order to
provide screening from MillPr Avenue, subjec�t to staif
approval . The applicant may convert a ma::imum of si::
parl:ing spaces to landscaping to comply with this
• candition.
^O STORAGE
I The lumber and othPr items being stored adjacent to
Huildings 4 and S shall be placed within �n e::ist:nq
enclosed structure or removed from the property. Tt-ie
trash bin in this area shall be relocated so that it is
' nat visible from the street.
:2. SOUTH GRIVEIJAV •
The south drive�vay shall be improved per the
requirerr,ents of the P�iblic Worl:s Department.
OTRAILEF:
The trailer located adjacent to Building 2 may be
retained for use as a library/media center. Hoaiever,
the applicant shall demonstrate that a building permit
' was issued for the trailer's installation prior to
� issuance of a building permit for the parsonaqe. If a
b�_iilding permit was not issued, the applicant shall
obtain a building permit and correct building code
•:iolations prior to occupancy of the parsonage.
Z4. CONSOLIDr1TE PARCELS
The applicant shall merge all existing par�els into a
single lot. '
, � .
ri5nn:r,g �cmmissaon n_solutian No. 2694 (continued) =9-U-a5
�J. !`1GCDS
The applicant shall remove on a regul�r basis the weeds
on the vacant portion of the subject propert;i.
� t,EANDONED_OR_UNUSE�_IJATF}F_IJELLS
The >pplicant/property owner shall seal aoandoned ❑r
unused w>Ler :�el l s i f tl-�e Ci ty, af ter censul tati on wi tr. `
the S�nta Clara Valley 4later District, determines thac
said abandoned or unused water wells have a potent:al to
contaminate th? water suppiy.
_. . MQDIFIC�TIO�I_OF_THE_AFF'F.DVE�_DE'JEL�F'MCt_IT_PLNfJ
in th� event that the applicant o� sun�equznc prcpartv
�wner =ha11 desi�e to maH;e any minor change, alterat:en
or amendment in the approved develnpment plan or
building permit, a written requESt and � revised
de�:elopment plan or buiiding permit sha1: �^s submitted
to the Director of F'lanning and Development. Ir t!-:e
i D?rer_ter makas a finding that the changes �rz minor and
do not atfect the general appearance o� t�e zrea or the
interests of owners of property a�ithin or adjoining thz
' develepment area� the Director may certify the chanqe ❑n
tha revised plan. If such approval is �•iithheld, the
�pplic�nt may appe3l to the F'lanning Commission. If t!�e
chanyes are material , the Dirzctor SI131� =_ubmit said
changes to the F'lanning Commission for approval. :T tne
change is d�nied by the Planning Commission, the
applicant may appeal to the City Council as orovi�ed in
�rdinance S5_^ of th= City of Cupertir.o. If tha chang=
is approved, an appeal my be made �by an interested
aart/. Further, any� member of che Cit•y Council ma��
raquest a hearing before the City Counci: , said reques=
to be made with:n ten (1C�) da�s from the date cT
approval - Nhen the change has be=n �pproved b�; cn�
Planning Cammission.
f-�ASSED AND ADQPTcD this ?th day of �eptember, i9°°_•, at a rs;ular
n:==ting of the F'lanning Commission or the Citv or Cupertinc,
�t>t= oi Cal:farnia, ty the followinq roll-cali voL_:
�`'�5: Commiss:oners Adams, �lacken�ie, Sor=_n�=n, �nd
':'ice-Chsirman S�abo
!•1R`rS: Nane
��STAIPI: Nene •
�,PSePJT: rha.rman C1 a�idy
t;TTESY: AFFROVED: ,
/s/ Roberc Cowan /s/ Nicholas Szabo
f.�tert Cowan P!i chol as 5�abo, �':c=-_h ai rme.r.
F'iannina Direc�cr F'.annin❑ Gomm:=_s:on
Revised August 6, 1984
CITY OF CUPERTINO
1_15 City_Standard_Dev_elogment Canditions
1. Street Hidening, improvements� and dedications shall be in
� accordance with City Standards and specifications and as
required by the City Engineer.
2. Curbs, gutters, sideNalk' and structures shall be installed
to grades and to be con3tructed in acco�dance with standards
specified by the City Engineer.
3. Street lighting shall be installed and shall be as approved
by the City Engineer. On-street lighting shall be as
required by the Architectural and Site Approval Committee and
ordinances and regulations of the City. All on and off-site
lighting shall be designed to in no way interfere with
adjacent areas and shall be no higher than the maximum height
permitted by the zone in Hhich the property is locnted.
4. Fire hydrants shall be located as required by the City.
5. Traffic �ontrol signs will be placed at locatio�s to be
specified by the City.
6. Street trees will he planted in the public right-of-aay and
shall be of a type approved by the City in ac�ordance aith
Ordinance No. 125. '
7. Grading shall be as approved and required by the City
Engineer in accordance Nith �rdinance No. 214(a).
8. Drainage shall he to the satiefaction of the City Engineer.
Surface flow across public sideMalks may be allawed in R1,
R2, and R3 zoninq unles3 starm drain facilities are deemed
necessary by the City Engineer.
Al1 developments other than R1, R2, and R3 zoning shall be
• served • by on-site storm drainage facilities connected tc the
City storm drainage system. If City storm drains are not
available, drainage facilities shall he installed to the
satisfaction of the City Enqineer.
9_ The applicant shall ha respansible fo� complying Hith the �
requirements of the Underground Utility Ordinance No., 331
and other related ordinances and regulations of the City of
� • Cupertino, and shall make the necessary arrangements with the
utility companies involved for the installation of said
facilities. The applicant shall submit a detailed plan
sh'owing utility underground provisions. (this plan must have
prior approval of the utility companies and the City
Engineer.)
10. The location of all buildings, f ences, roadways, parking
areas, landscaping and other facilities or features shall be
as shoa�n on the site plan submitted labeled "Exhibit A",
except or unless indicated otherwise herein.
1
1-15 Standard Conditions (Continued)
11. Parking must meet the requirementa set forth in Cupertino
City Ordinance No. 003(q) and must be in accordance with the
approved plot plan.
12. A masanry Wall will be built by a commercial developer to
separate such commercial area from any residential area; such
wall shall be six feet high above the highest adjoining
finished grade.
13. Landscaping areas shall be maintained as shoN� on site plan.
Detailed la�dscaping plans, related to arrangement. selection
of plant materials and sizes, shall be approved by the
Architectural and Site Approval Committee and City Council
prior to issuance of a huildinq permit.
14. The applicant shall be responsible for completing the site as
shown on approved plot plan and shall be required to enter
into a development agreement with the City of Cupertino
praviding for payment of necessary fees, including but not --
i limited to checking and inspection fees, 3torm drain fee, and
underground utility fee. Said agreeme�t shall be executed
� prior to the issuance of a 6uilding permit.
15. Electrical •and telephone tra�sformers shall be screened aith
fencing and landscaping� or undergrounded, such that they are
not visible from public atreet areas.
�