Reso 413433-U-80
CITY OF CUPERTINO
10300 TORR,E AVENUE
CUPEFYPINO, Ci,LIEDRNIA 95014
RESOITYPION NO. 4134
OF THE PLANNING OCKiISSION OF THE CITY OF CUPERTINO
RENDING APPROVAL OF AUSE FERNLCT FOR
A CFUSHOJSE BUILDING FOR AN EXISTING
GOLF COURSE
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`Cvpertino, 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
ao=mnodate 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, ARE, 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
i hereby reconmiended for approval, subject to the conditions which are
enumrated 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 33-U-68 as set forth in 'the Minutes of the Planning
Commission Meeting of February 27, 1989, and are, incorporated by reference
as though fully set forth herein.
REsOUMON NO. 4134 (33-U-88) 2/27/69
PAGE 2 -
SECTION II° PROJECP DATA
Application No(s): 33-U-88. 44 -EA --88
Applicant: De_p Cliff Golf Course"
property owner: Clark Glasson
Location: South side of McClellan Rd, at Clubhouse Ln,
SECTION III° CONDITIONS AEKENISTERED BY .THE PUBUTC MRKS DEPAFfIYdF�FI`
1. STREET V_aWVFMaM AND DEDICATION
Street widening, improvements and dedications shall be provided in
accordance with city',Standards and specifications and as required by
the City Engineer.
2. UNDFIND UI2TIITIFS
The developer shall be responsible for cawlying,with the requirements
of the Underground Utilities Ordinance No. 331 and other related
ordinances and regulations of the City of`Cupertino, and shall make
the necessary. arrangements with the utility companies for the
installationof ,said facilities. The applicant shall submit a
detailed plan showing utility undergrou4 provisions. This plan must
have prior approval of, the utility companies and the City Engineer.
SECTION IV: CONDITIONS AU=ST= BY THE OaWJNEY DEVELDPF�IT
DEP11rM4E r
1. APPROVED EXILIBITS
The recxnmien ation of ;approval is based on Exhibits PA3 through PA6
dated 12/28/88 of Application '33-U-88 except,as may n
be by the
conditions contained herein.
2. APPROVED USES
The subject use permit authorizes operation of a clubhouse building
enclosing approximately -4,400 sq. ft. -and including a cafeteria/snack
bar which shall be.function'as an adjunct service to the principal use
of the site as golf course.. 'The food service operation shall not be
advertised for,
or availability to the general public, and shall not
provide banquet or meeting services'apart fram golfing activities on
the premises.
r,
3. PARING R17IEW
i At least 10, additional parking stalls shall be provided raising the
total to 121 -spaces. Following construction of the clubhouse
structure, the Planning.Ccmnission shall retain the option to require
review of the parkkq,' lot for adequacy of, the number of :spaces
provided therein if ccmplaints•are received by the City fron►adjacent
residents regarding cverflow parking within their neighborhhod streets
from golf course' patrons. Said review, shall be conducted'in the
context ;of a noticed public hearing, in accordance with Procedural
Ordinance 652.
RMOII ml NO. 4134 (33-U-88) 2/27/89
PAGE - 3
4.ADIFTCATION OF iIPPRf7VED DEV�YT PIAN
In the event that the 'applicant or ;subsequent property owner shall
desire to mala any mirror changes, alterations or amendment,of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of ;CcaMMU-xity Development. If
the Director ir-akes 'a finding that the changes. am minor and do not
resultin 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 I that the requested changes are 'material, such
des 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 Ordinances No. 652.
If said charges are -approved by the Planning Commission, an appeal may
be made to the City Council by any interested' party. Farther, 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 (lo) days from the date ofapproval of said changes by the
Planning Ccmanission.
5. CAFEZMUMSNACK HAFT HO[iRS
The hours of the food service shall not exceed the hours the golf
course is open.
6. FLOOD ZONE
Prior to issuance of building permits, the developer shall verify
through the Santa Clara Valley Water_District that the structure will
not be located within the 100 Year Flood Area. If the Water District
determines that the structure is within -the 100 Year Flood Zone, the
plans shall be modified. to comply with applicable flood proofing
constriction requirements. If there are substantial changes to the
approved development • plans as 'a result of SCVWD construction
requirements, said charges may be subject to Planning cc mtission
review.
7. GOLF BALL SCREEN
The applicant shall install a mesh screen adjacent to the first tee to
reduce the potential for misdirected golf balls from entering the
residential .yards adjacent to Clubhouse lane. The Director of
Com unity Davelopment has the authority to approve the locationand
design of the .screen following input from the golf course management
and affected residential property owners. The tee may be shifted to
the west to help resolve the problem.
Any party may appeal the director's. decision to the Planning
commission within five days upon notification of said decision.
RESOIJPI'ION NO. 4134 (33-U-88) 2/27/89
PAGE - 4
PASSED AND ADOPTED this 27th day of February, 1989, at a regular meeting
of the .Planning:Conmdssion of the City of'Cupertino, State of California,
by the following,roll call votes
AYES- CCK=10NERS- Claudy, Mackenzie, Sorensen, Szabo and
chairman Adams
NOES- CO2MSSIONERS-
ABSTAIN: commIsSIONERS-
ABSENT- .RSIONERSB
ATTEST- APPROVED-
Isl Robert Cowan Is/; Victor Adams
Robert man Victor Adams,'Cmirman
C=minity Development Director Planning Commission
resos\res33u88(1)
n