Reso 4164APPLICATION 4-U-09
CITY 01" CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 4164
OF 'BIC PLAtMOG OOMMISSION OF 'THE CITY OF CUPER7TINO
APPROVING A USE PERMIT TO OONSTRUCT A 4,700 SQ. FT.
CLASSROCH ADDITION TO AN EXISTING C11URC11
SECTION I: FINDINGS
MMT -AS, the Planning Camnission of the City of Cupertino received an
application for a Use Permit, as described on Page 2 of this Resolution;
and
w0WAS, the applicant has met the burden of proof required to support
said application.; and
I*ERFFAS, 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}n
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
accomodate 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, TIMIE- URE, 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 4-U-89 as set forth in the Minutes of the Planning
Cammmission Meeting of June 12, 1989 and are incorporated by reference as
though fully set forth herein.
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RESOLUTION Ilo. 4164 (4-U-89) 06/12/89
Page - 2
SECTION IT: APPITCATTON D'SCRII''TION
Application Ilo(s): 4-U-89 and 5 -FA -89
Applicant: Peninsula Bible Church
Property Owner: Peninsula Bible Church
Location: West side of Blaney Ave— north of Cedar Tree Ln
SECTION III• CONDITIONS ALMINIMUT%D BY THE PUBLIC WORKS pEPpRlbiQtP
1. GPADING
Grading shall be as approved arra required by the City Engineer in
accordance with ordinance 214(a).
2. DRAINAGP:
Drainage shall be provided to the satisfaction of the City Engineer.
3. UNDERGROUND UTILITIES
The applicant shall be responsible for oomplying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances arc] regulations of the City of Cupertino, and shall makA'
the necessary arrangements with the utility companies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
4. DEVELOPMENT AGREFTIFNT
The applicant shall be responsible for completing the site as shown on
approved plot plan and shall be required to enter into a development
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
5. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undexgrourded, such that they are not visible from
public street areas.
SECTION IV: CONDITIONS AMMSTERED BY THE PLANNING DEPAR'14WP
6. APPROVED F.XFIIBITS
The recommendation of approval is based on Exhibits entitled Partial
Site Plan (3/13/89) and Sheet 1 of Application 4-11-89 except as may be
amended by the conditions contained herein.
WISOLUPION No. 4164 (4-U-09) 06/12/09
Page - 3 -
7, MODIFICATTONS OF MTP APPROVED DEVELORAR" PINJ
In the event tlhat the applicant or subsequent property owner shill
desire to make uiy 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
Direcor of Planning and Development. If the Director makes a finding
that the chwyjes 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 withheld, the applicant may appeal
to the Planning Commussion.
if the changes are material, the Director shall submit said changes to
the Planning Commission for approval. If the change is denied by the
Planning Cammission, the applicant may appeal to the City Council as
provided in Ordinance 652 of the City of Cupertino. 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 frau the date of
approval when the change has been approved by the Planning Commission.
PROPER'T'Y USE CONS TtkIM
The subject Use Permit authorizes construction of a 4,700 s.f. second
story building addition for classroom and other uses incidental to the
principal use of the church site for worship, meetings and community
non-profit organizational activities. For-profit child care, and
similar ventures of a commercial nature are not authorized under this
Use Permit.
9. PN2ICTNG
A minimum of 150 off street parking spaces shall be maintanied on the
site.
Church officials shall assume the responsibility to control offsite
parking impacts to the adjoining residential neighborhood. In addition
to the four strategies outlined in the document labeled "Parking
Solution", incorporated be reference in this Use Permit 4-U-89, Church
offcials shall take such other reasonable steps as are necessary to
mitigate the intrusive effects of parking overspill during peak use
hours. Church officials are encouraged to investigate options to
increase -off street parking availability which may include the use of
lane striping as indicated on the "Parking by Lanes" diagram dated
June 11, •1909, and by implementation of satellite parking facilities
with shuttle bus service.
RESOLUTION No. 4164 (4-U-89) 06/12/89
Page - 4 -
If caTiplaints are received by the City regarding overflow parking
impacts which cannot be resolved through discussion between the
affected property owner(s), Church and City officials, the Director of
Ccm =city Development may initiate a Public }tearing before the
Planning Ccoumission in accordance with the Procedural ordinance. The
Planning Commission may impose additional conditions upon the Churdi
in order to resolve off premise parking cranplaints, or upon
decnonstration of cause revoke the entitlements granted Use Permit
4-U-89.
10. IANWCAPP RrVIO1
A comprehensive landscape plans shall be subject to informal ASAC
review prior to issuance of building permits. The Committee shall
evaluate the possible addition of plant material to the parking area,
and shall ensure adequate landscape screening of the second story
addition from visibility to adjoining residential properties.
PASSED AND ADOPTED this 12th day of June, 1989 at a Regular Meeting of the
Planning cmmnission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: COMMMSSIONERS: Sorensen, Szabo, Vice-Chr. Claudy
NOES: CCMUSSION07LS: None
ABSTAIN: COMMISSIONERS: Mackenzie
ABSENT: o0MMISSIONMRS: Qtr. Adams
�.00 51.
/s/ Robert Cowan /s/ John Claudy
Robert Cowan . John Claudy, Vice -Chairman
Director of Planning Cupertino Planning Caanission
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