Reso 308433-U-87
CITY OF CUPERTINO
10430 S. De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 3084
OF ri i / cuoussiou OF i cmy OF • • s•a / •
AN /•/ SQ. Fr. ADDITIONTO AN EaSITNG CHURCH •
TO OPERATE 'X14K4r.'
SECTION I • FINDINGS
WHEREAS, the Planning m=irsicn of the City of Cupertino received an
ap
plication for a Use Permit, as described on Page 2 of this Resolution;
4kiERF.A.S, the applicant has met the burden of proof required t o support
said application; and
WHEREAS, the Planning Commission finds 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) Mot 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
workirg in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, TMZEFCRE, BE 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 reocaanended for approval, subject to the cmditionns which are
elnmw.sated in this Resolution beginning on Page 2 thereof; and
RESOLUr:roN NO. 3084 (33-U-87) 8/10/87
PACE-2 -
That the subconclusions upon which the findings and =-Aitions specified
in this Resolution are based and contained in the Public Hearing record
concerning Application 33-U-87 as set forth in the Minutes of the Planning
Ca=i.ssion Meeting of August 10, 1987, and are incorporated by reference
as thoLugh fully set forth herein.
Gfx't',CON II PRO ECP DESCRIPIION
Application No(s) 33-U-87 and 35-FA-87
Applicant: Bethel Lutheran Church
Property Owner: Same
Location: Sa Urde_st corner of Finch Avenue and Sorensen
Avenue
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SEGTICN III: CaMITICNS ADMINISTERED BY THE PUBLIC SORHS DEPAiYIS4FNT
1. S'nu= WIL1F2
Street widening, iagrcvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2. CURB AND GUI'PP32 IMFT�3VB4F1JIS
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. STTU= LIGHTING INSmIZATICN
Street lighting shall be installed and shz.11 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.
4. FIRE FiYlN�'
Fire hydrants shall be located as required by the City.
5. TRn�C SIGNS
Traffic control signs shall be placed at locations specified by the
City.
R SOLUPI011 NO. 3084 (33-U-87) 8/10/87
PAGE - 3 -
6. STF= 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 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinane 125.
8. dRAIKFtGE
Drainage shall be provided to the satisfaction of the City Engineer.
Surface flow across public sidewalks may be allowed in the R-1, R-2
and R-3 zones unless storm drain facilities are deemed necessary by
the City Engineer. Development in all other zoning districts 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.
9. UNDF3FMOM iTIZLITIIS
The developer shall canply 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. 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.
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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 undesgncmnding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
11. TMSfORN�tS
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.
RESOLUTION NO. 3084 (33-U-87) 8/10/87
PAGE - 4 -
410
SECTION IV: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
12. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A, A-1, A-2, B,
B-1, B-2, and B-3, except as may be amended by the Conditions
contained in this Resolution.
13. MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Commission for approval. If
the changes are denied by the Planning Commission, the applicant may
• appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
14. USE LIMITATIONS
Permitted uses include the following:
- Nursery School
- Elementary school grades K-6 (150 max. students)
- Church services
- Associated meetings, special church related events
15. APPROVED IMPROVEMENTS AND PHASING
Phase I approval is granted for the sanctuary expansion and office
area; parking lot improvements including repaving/restripping, fencing
along the west property line, landscaping and lighting; and
construction of the 400 sq. ft. storage building.
Phase II approval consists of the addition to zoar hall which shall be
411 initiated prior to June 1989. The planned addition to Torvend Hall is
not approved at this time.
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RESOLUTION NO. 3084 (33-U-87) 8/10/87
PAGE - 6
0
3. The building shall be of wooden materials so as to be attractive
to adjacent property owners.
4. Otherwise, meet R1 Ordinance setback and height requirements for
accessory buildings.
5. Building to be used for storage only and not as an office or play
structure.
6. Final plans are subject to review by the Architecture and Site
Approval Committee.
PASSED AND ADOPTED this 10th day of August, 1987 at a Regular Meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: ADAMS, CLAUDY, SORENSEN, SZABO
AND CHAIRMAN MCKENZIE
NOES: COMIISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ATTEST: APPROVED:
Robert Cowan Donal ckenzie, irman
Director of Planning Cupertino Planning 'ssion
RES33U87(STEVE)
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