Reso 6235 U-2004-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6235
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW AN 8,000 SQUARE FOOT
SWIM FACILITY IN AN EXISTING OFFICE SPACE, LOCATED AT 10455 BANDLEY
DRIVE
SECTION I: PROTECT DESCRIPTION
Application No(s): U-2004-03 (EA-2004-04)
Applicant: Earl Sutton
Location: 10455 Bandley Drive
SECTION II: FINDINGS FOR USE PERMIT
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to
( property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
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
� Resolution No.6235 U-2004-03 April 12, 2004
Page 2
That the subconclusions upon which the findings and conditions specified in this resolution
` are based are contained in the public hearing record concerning Application No(s). U-2004-03
� (EA-2004-04), as set forth in the Minutes of the Planning Commission Meeting of April 12,
2004, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
� 1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Sutton Swim Facility,
I dated 2/ 23/ 04.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
' The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
� amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
� may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
I day period complying with all of the requirements of Section 66020, you will be legally
' barred from later challenging such exactions.
3. PARKING COORDINATION
The property owner and the swim facility shall agree to coordinate events so that
� parking demand does not exceed parking supply at any time. A public hearing shall be
scheduled one year from the date of approval to review the parking situation.
4. SITE PLAN
The applicant shall demonstrate that adequate parking lot lighting, as determined by the
Director of Community Development, is provided prior to occupancy.
� 5. NOISE
The applicant agrees to install air handling equipment and any other outside mechanical
; equipment that generates low noise levels and orient exhaust fans away from the
residences located to the West of the site. The applicant may install a very low noise
humidifier and air handling system in lieu of noise barriers. Noise measurements shall
be taken by the applicant after installation of the equipment, and provided to staff.
Additionally, the applicant shall keep west facing windows and doors closed during
business hours to minimize noise from the swim facility.
Resolution No.6235 U-2004-03 April 12, 2004
Page 3
, Noise generated from the facility shall not exceed the City of Cupertino residential noise
� standards (Section 10.48.040 of the Municipal Code). Also, the applicant shall educate its
staff and customers to be sensitive to the neighborhood. In the event there are noise
related complaints the applicant agrees to voluntarily work with the neighboring
residents to implement all reasonable measures to address the complaints. Signs shall be
placed in the rear parking lot with instructions to be considerate of the residential
neighbors.
If the noise complaints related to the facility are not resolved, the Planning Commission
may hold a hearing to review this use permit and may impose further operational or
� noise attenuation conditions. Noise conditions shall be reviewed in the public hearing to
be held one year from date of approval.
' PASSED AND ADOPTED this 12th day of April, 2004, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Vice-Chair Wong, Giefer and Chairperson Saadati
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Miller and Chen
ABSENT: COMMISSIONERS:
I
ATTEST APPROVE :
,,
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^ - �
Steve Piasec i T � aadati, Chairperson
Director of Community Development pertino Planning Commission
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