Reso 401451-U-87
CITY OF CUPERTINO
{ 10430 S. De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 4014
OF THE PLANNING COMISSION OF THE CITY OF CVPERTINO
APPROVING A USE PERMIT TO ADD APPROXIMATELY
2,500 SQ. FT. TO AN EXISTING CHURCH,
REsn= THE PARKING TOT, AND
RECOGNIZE EXISTING ACITVITIFS
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 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 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
acccmrtcdate 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 RESOLVES):
That after careful consideration of maps, facts, exhibits, testimony and
other evidence submitted in this matter, the application for Use Permit is
hereby approved, 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 are contained in the Public Hearing record
concerning Application 51-U-87 as set forth in the Minutes of the Planning
Commission Meeting of November 23, 1987, and are incorporated by reference
as though fully set forth herein.
RFSOLUTION NO. 4014 (51-U-87) 11/23/87
PAGE - 2 -
SECTION II: PROJECT DATA
Application No(s) 51-U-87 and 54-EA-87
Applicant: Jim Lentfer
Property Owner: Lutheran church of Our Savior
Location: North side of Bollinger Road between Tantau
and Johnson Avenues
SECTION III• CONDITIONS AEMWISTERED BY THE PUBLIC WORKS DEPARII4FNr
1. FENCE - CARVER DRIVE
The applicant shall obtain an encroachment permit for the chain link
fence along Carver Drive. Additionally, the applicant shall agree to
remove said fence from the public right-of-way if deemed necessary by
the City in the future. The fence shall remain of chain link material
only and retain its non -opaque quality.
2. @7AINAGE
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.
SECTION IV: CONDITIONS AD=STERED BY THE PIANNING DEPAKII4FNP
3. APPROVED EXHIBMS
The recmmendation of approval is based on Exhibits A, B, and B-1 of
Application 51-U-87, except as may be amended by the Conditions
contained in this Resolution.
4. USE LIMMTIONS
The subject use permit authorizes operation of a church and related
activities on the subject property, including a grade school (K-8
grades) with 120 students and day care services. The level of
activities shall generally reflect the activity schedule submitted by
Mr. Jim Lentfer dated September 10, 1987. Day care services are
limited to students enrolled in the church grade school and may
operate from 7:00 a.m. to 8:30 a.m. and 3:00 p.m. to 6:00 p.m.
RESOIS7TION NO. 4014 (51-U-87) 11/23/87
P;=-3 -
]_\ Y- II i
The applicant shall provide 98 parking spaces. A maximimnc=Ipact
ratio of 33 percent is permitted.
The applicant shall record a covenant which docLnnents the emulative
floor area of applications received after February 1, 1986, and
inform, future property owners of street improvement obligations. A
draft covenant shall be submitted to staff for approval prior to
recordation.
The covenant shall contain a clause acknowledging that any additional
application involving expansion or change in use shall trigger
standard street improvement requirements as established by city
policy.
7. IANDSCAPIIIG
The applicant shall submit the final landscaping plan to the
Architectural and Site Approval committee for informal review prior to
building permit approval. The plan shall generally reflect Exhibit A,
but shall incorporate the following modifications:
- Provide trees in new parking lot landscape areas.
-provide grcudcover in existing landscape areas on the north and
east sides of the building. Add trees to the eastern planter
area.
In addition, the Committee should ensure landscaping along Carver
Drive is adequate to screen parked cars from the street.
Landscape areas in the parking lot, adjoining the building, and along
carver Drive shall be irrigated.
The equipment located on the east side of the sanctuary shall be
screened from the street, subject to informal approval by the
Architectural and Site Approval Committee. Screening solutions may
include, but are not limited to, landscaping, enclosing equipment, or
painting equipment to match the building. A combination of measures
may be used.
9. NOISE ORDINANCE
The applicant shall demonstrate the equipment on the east side of the
sanctuary complies with city Noise ordinance requirements.
RESOLUTION NO. 4014 (51-U-87) 11/23/87
PAGE - 4 -
1111) 10. STORAGE SHED
The cargo container located east of the sanctuary shall be removed.
The church may add a permanent storage area to the main building,
subject to staff approval.
11. 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.
PASSED AND ADOPn D this 23rd day of November, 1987, at a Regular Meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: COM[ILSSIONERS: Claudy, Sorensen, Szabo, and Chairman Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMtIrSSIONERS: None
ABSENT: COMRILSSIONERS: Adams
ATTEST: APPROVED:
T()).L1- (1PrAkt-Ovtl
Robert Cowan Dona d Mackenzie Chairman
Director of Planning Cupertino Plannin Commission
RES51U87(SONIA)
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