Reso 409424 U-88
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO
CALIFORNIA 95014
RESOLUTION NO. 4094
OF i PIANNING COYMSSIONOF i OF -Ee •
RECOMEMING APPROVAL OF PERMLET FOR PHASEDI.®.:
FROM 400 SQ. FT. To AN ULTIMATEOF 00 SQ.
AND To PEFMT VARIOUS AU=IC. ACTIVITIES,, EDUCATIONAL SEMMRS
*-*VitVLJNITY MM=GS AND PUBLIC BINGO GAMES ON TBE PREMISES.
SECTION I. FINDINGS
WBER0AS, the Planning Commission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
WBEREAS, 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
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
working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
e) That the aggregrate uses are a benefit to the City; a discontinuance
of uses shown on the Exhibits may be for revocation of the Use
Permit.
NOW, THEREFORE, 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 recommended for approval, 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 and contained in the Public Hearing record
concerning Application 24 U-88 as set forth in the Minutes of the Planning
Commission Meeting of August 22, 1988, and are incorporated by reference
as though fully set forth herein.
RESOLUTION NO. 4094 (24 U-88) 8/22/88
PAGE e 2 0
II. PROJECT DESCRIPTION
Application No
Applicant:
Property Owner:
Location:
24 U-88
Beardon Drive
SECTION III: CONDITIONS AEN=STERED BY THE PUBLIC WORKS DEPARTFMT
Street widening, improvements and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
Street lighting shall be installed and shall 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.
Fire hydrants shall be located as required by the City.
5. TRAFFFIC SIGNS
Traffic control signs shall be placed at locations specified by the
City.
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.
Grading shall be as approved and required by the City Engineer in
accordance with: Ordinance 125.
RESOLUTION NO. 4094 (24 U-88)
PAGE e 3
8/22/88
Drainage shall be provided to the satisfaction of the City Engineer.
The developer shall comply 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.
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 undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
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.
SECTION IV: CONDITIONS ADF=S=D BY THE PIANNING DEPARTF=
The reconmiendation of approval is based on Exhibits A, A:1, B, B-1,
B-2 and C of Application 24U-88, except as may be amended by the
Conditions contained in this Resolution.
13. MODIFICATION OF APPROVED DEVELOP' 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.
RESOLUTION NO. 4094 (24 U-88) 8/22/88
PAGE e 4 0
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
The subject use permit authorizes construction of an expanded,
private, corm mity recreation facility with two phases, Phase I
consisting of approximately 24,150 sqo ft. and 85 on -site parking
spaces as indicated on Exhibit A-1, Phase II encompassing a maximum of
48,600 sqo ft. with 162 parking spaces indicated on Exhibit A.
Authorized activities, not extending past 11000 p.m. on any evening,
include but are not limited to athletic and sports training functions,
educational seminars, co7m=ity meetings, and public bingo games.
Live music without electronic amplification is permitted in
conjunction an authorized )MCA activity subject to compliance with
the City°s Noise Ordinance. Activities involving amplified music, or
use of exterior loud speakers shall be subject to separate permit
review in accordance with the City°s Noise Ordinance.
The construction of Phase II must begin within three (3) years from
the grant of the Use Permit.
15. PARFING
On -site parking shall be provided at a ratio of M spaces per 1,000
sqo ft. of gross building area for each phase. It is recognized that
peak activity periods may generate parking demand in excess of
available on -site spaces. Accordingly, the project operator shall
obtain approval of an agreement for shared parking with the Stevens
Creek Office Center to the south, or in the absence of their
cooperation, an alternative location acceptable to the City. The
terms of said agreement shall be subject to approval by the City
Attorney prior issuance of building permits.
The project operators shall undertake an overflow parking demand study
upon completion of Phase I to test and calibrate the appropriate
parking ratio for the project prior to additional construction. The
content of said study shall be subject to Planning Commission approval
prior to issuance of Phase II construction permits.
The developer shall provide a comprehensive planting plan for .informal
approval of the Architectural and Site Approval Committee prior to
issuance of building permits.
RES0=ION NO. 4094 (24 U-88)
PAGE -5-
17o FENCING
8/22/88
Prior to issuance of Phase I construction permits, the project
operator shall undertake an evaluation of all existing perimeter
fencing and shall effect repairs thereto to ensure protection of
adjoining properties from visual and acoustical intrusion. Should the
property operators propose, at the Phase IT construction permit level,
to eliminate the building enclosure at the swimTting pool as indicated
on Exhibit A, they shall present a comprehensive noise
impact/mitigation study to the Envirornnental Review Committee
detailing appropriate measures to protect adjoining properties from
pool noise impacts.
PASSED AND ADOPTED this 22nd day of August, 1988 at a Regular Meeting of
the Planning Commuission of the City of Cupertino, State of California by
the following roll call voted
AYES.
COXMSSIONERSo
NAYS:
COMIUSSIONERSo
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATIESTo
Robert Cowan
Director of Planning
RES24U88 (L1.1)
Adams, Szabo, Mackenzie, Chra Sorensen
None
None
Cluady
Eauralee Sorensen, Chairwoman
Cupertino Planning Commission