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Reso 294525-U-86 RESOLUTION NO. 2945 OF THE PLANNING CCI aSSION OF THE CITY OF CUPF.F=O RECCt1MENDING APPROVAL OF A USE PAP TO CONSTia7Cr AN 11,000 SQ. FT. CHURCH. SECTION I. FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant(s) has meet the burden of proof required to support said application; and wlif32FAS, the Planning Commission finis that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are 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 acccmnodate the proposed use. c) That the proposed use will not generate a level of traffic aver and beyond 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 use, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, HE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reconrerded for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and F-BEyeamp-Nom: '�a� • a. That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application 25-U-86, as set forth in the Minutes of the Planning Commission Meeting of August 25, 1986, and are incorporated by reference as though fully set forth herein. RESOLUTION NO. 2945 (25-U-86) 08/25/86 PAGE -2- SECTION 11: APPTSCATION DESCRIPTION Application No 25-U-86 and 23-EA-86* Applicant: St. Andrew's Armenian Church (Vaughn shahinian) Property Owner: West Diocese of the Armenian Church of North America Location: East side of Stellina Road, 450 ft. north of Shadowhill Lane SECTION III: CONDITIONS AIMTISTERED BY = PUBLIC WORKS DEPAFMM4T 1. STREET IM�MS & DEDICATION Street widening, improvements, aryl dedications shall be in accordance with City Standards and specifications and as required by the City Engineer. 2, CURB. GUTTER & SIDEWALK ' Curbs, gutters, sidewalks and structures shall be installed to grades and to be constructed in accordance with standards specified by the City Engineer. 3. LIGKTING Street lighting shall be installed and shall be as approved by the City Engineer. on -street lighting shall be as required by the 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 which the property is located. 4. FIRE HYDRANIS Fire hydrants shall be located as required by the City. 5. TRAFFIC CONTROL SIGNS Traffic control signs will be placed at locations to be specified by the City. 6. STREET TREES Street trees will be planted in the public right-of-way and shall be of a type approved by the City in accordance with ordinance No. 125. RESOLUTION 140. 2945 (25-U-86) 8/25/86 PAGE -3- 7. GRADING Grading shall be as approved and required by the City Engineer in a000rdanoe with ordinance No. 214(a). goo a I. d Drainage shall be to the satisfaction of the City Engineer. All developments other than Rl, R2, and R3 zoning shall be served by on -site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. The applicant shall obtain or pay all costs of condemning a storm drain easanent to Crestline Drive if said easement is determined to be necessary by the City Engineer. The applicant shall be responsible for complying with the requirmnants of the Undengxxxmd Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility cm panes involved for the installation of said facilities. the applicant shall submit a detailed plan showing utility underground provisions. (This plan plan must have prior approval of the utility cmpanies and the City Engineer.) 10. APPROVED EXHIBMS The approval is based on Exhibits A, B, B-1, B-2 & B-3 except as may be amended by'additional conditions cm*zined herein. 11. APPROVED USES Ahhen Sunday School is in session, occupancy of the church shall be limited to 174 permanent seats. In addition, Sunday school classes consisting of a maximum of 3 teachers and 20 students are permitted. When Sunday school is not in session a maximum oaupancyo17 ism permitted. Activities permitted are limited to those c=nonly - associated with churches and shall generally be consistent with the a16= SY letter entitled "Use of the St. Andrew Church Facilities" submitted in conjunction with Application 25-U-86. 12. PARF�TNG The applicant shall provide a minimum of 55 parking spaces including the space described in Condition 16 (below.•). RESOLL'ION NO. 2945 (25-U-86) 08/25/86 PAGE -4- 13. ACOUSTICAL BARRIET2 The applicant shall construct an 8 ft. masonry acoustical barrier along the north, south, and east property lines. Said barrier shall be reviewed by and omistructed under the supervision of an acoustical engineer to maximize the reduction of noise levels and minimize maintenance requirements. nts. 14. OBSCURED GLASS The main level (sanctuary) windows shall consist of fixed obscured glass. 15. LANDSCkPING The landscape plan shall be informally reviewed by the Architectural and site Approval Committee prior to issuance of building permits. In order to protect the privacy of adjoining neighbors opposite the rear stairs of the church, the applicant shall provide the following: - 24-inch box trees along the north property line opposite the stairs. I - 15-gallon shrubs with a tall growth pattern or 24-inch box trees along the south property line opposite the stairs, if possible. - 24-inch box trees in the rear yard of the adjoining southerly residence opposite the stairs, subject to the approval of the ply tee'• 16. TRASH ENCIA6URE The trash enclosure shall be eliminated and replaced by a parking space. Receptacles for the storage of trash shall be located within the church building. Storage of trash outside the building shall not be permitted. 17. TRANSFORMER SQ2E�N1<NG Electrical and telephone transformers shall be screened with fencing and landscaping, or urdergrourxied, such that they are not visible from public street areas. 18. PROHIBITION OF NOISEMAIUNG DEVICES No public address or paging system, powered megaphone or similar noisemaking device will be permitted outdoors at any time. RESOLUTION 140. 2945 (25-U-86) 08/25/86 PAGE -5- 19. MODIFICATION OF THE APPR7VED DEVELOPMERr PLAN In the event that the applicant or subsequent property owner shall' desire to make any minor change, alteration or amendment in the approved development plan or building permit, a written request and revised development plan or building permit shall be submitted to the Director of Planning and Development. If the Director makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or adjoining the development area, the Director may certify the change on the revised plan. If such approval is witheld, the applicant may appeal to the Planning Conudssion. If the changes are material, the Director shall submit said changes to the Planning Commission for approval. If the charge is denied by the Planning Comaission, the applicant may appeal to the City Council as provided in Ordinance 652 of the City of clapertino. If the change is approved, an appeal may be made by an interested party. Further, any member of the City Council may request a hearing before the City Council, said request to be made within ten (10) days from the date of approval, when the change has been approved by the Planning Conmissicn. 20. HOURS OF OPERATION Hours are restricted between 7 a.m. and 11 p.m. with exception of four holidays per year. 11he building wall shall be eytended to shield view from the northern staircase. PASSED AND ADOPTED this 25th day of August, 1986, at a regular meeting of the Planning Ccm¢nissiom of the City of Cupertino, State of California, by the following roll call vote: AYES: CUOUSSIONFR.S: Mckenzie, Sorensen, Chairman Szabo NAYS: Q20=IONERS: None ABSTAIN: CCMMISSIONERS: None ASSENT: 020=IONERS: Claudy, Adams ATTEST: APPROVED: /s/ Robert S. Cowan Robert S. Cowan Planning Director RES25U86(M-3) /s/ Nicholas Szabo Nicholas Szabo, chairman Planning Cotiissicn