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Reso 416911-U-89 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOUMON No. 4169 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTTNO REOQ4MENDING APPROVAL OF USE PERMIT TO CIONSTRUCT A 7,200 SQ. FT. ACPIVr1Y CEWER BUILDING WITHIN AN EXISTING CHURCH COMM SECTION I• FINDINGS WHEREAS, the Planning C=mnission 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 }I the City of Cupertino, and ase not detrimental to existing use 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. i 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, UOUTORE, SE 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; arra That the suboonclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 11-U-89 as set forth in the Minutes of the Regular Adjourned Planning Commission Meeting of June 15, 1989, and are incorporated by reference as though fully set forth herein. Resolution 140. 4169 (11-U-89) 06/15/89 Page -2- Application No(s): 11-U-89 and 10 -EA -89 Applicant: Valley Church Property Owner: Valley Church Lcucation: west side of Stellirrx Road 500 ft, south of Homestead Road Parcel Acres: 819 Acres • •• r • r q W 91• I ••. 1 • 71 • •V\l IKAWMIOMM t J9:;ERFAD 71.1.'�:jUF'?] The recommendation of approval is based on exhibits labeled A-1 and A-3 dated April 26, 1989 arra A-2 dated April 18, 1989 of Application 11-U-89, except as amended by conditions contained herein. 2. MODIFICATION OF APPROVED DEVELfJRV"r 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 Community Developmwnt. If the Director makes a finding that the oranges 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. 3. USE L124ITATIONS the subject use permit authorizes construction of a 7,200 sq. ft. activity center building within an existing church complex. 4. PARKING AREA All unimproved dirt parking areas shall be improved to city standards prior to issuance of an occupancy permit. Resolution NO. 4169 (11-U-89) 06/15/89 Page -3- The applicant shall record an agreement obligating existing and future property owners to provide a shared parking agreement for areas B and C as depicted on site plan Exhibit A-1. Said agreement shall be subject to approval of the City Attorney prior to recordation. The intent of this condition is to ensure required parking is available for church use. Said agreerent shall be inplemented at such time as the subject parcels are developed and the city can require the adjoining property, owners to agree to inplement the agreamnt. G. SING The .applicant shall install landscape planters to visually screen and add interest along the west elevation of the building. Also, additional trees shall be installed along the west property line to further visually screen the building from adjoining residents. A l` final landscaping plan shall be approved by staff prior to issuance of building permits. 7. MMINC MATERLI+TR Exterior building materials shall reflect caMliance with the specifications stated in Section III (A) of the staff report for 11-U-89 dated 06/12/89. PASSED AND ADOPTED this 15th day of June, 1989, at a regular meeting of the Planning Commission of the city of Cupertino, State of California, by the following roll call vote: AYES: OCU IISSIONERS: Szabo, Sorensen, Mackenzie, Claudy, Chr. Adams NAYS: COMMSIONERS: None ABSThM: CCC IISSIONERS: None ABSENT: comssIONERS: None ATTEST: APER OM: /s/ Robert Cowan Robert Cowan Director of Cmmwnity Developn=t, PCR.E SM\RSO11U89 /s/ Victor Adams Victor Adams, chairman Planning Ca=ission