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U-1987-33 (amended)bAhA Cites of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK September 30, 1987 P.O. Box Sao Cupertino, California 95015 CITY CCUNCIL ACTION - APPEALS OF PLANNING COPMLISSION DECISION - APPLICATIONS 33-U-87 AND 35-FA-87 - BE HELL 111THEIAN CHORCH This will confirm the actions taken by the City Council at their meeting of September 8, 1987 as follows: (1) Sound barrier or fencing, relocation of play area (Janice MitaBe, appellant) - granted appeal per the following conditions: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPAMM M 1. STREET WIDENING Street widening, iMrovemnts and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMPROVEMEM Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION 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 maximim height permitted by the zone in which the site is located. 4. FIRE HYDRANT Fire hydrants shall be located as required by the City. 5. TRAFFIC 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. 7. GRADING Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. 8. DRAINAGE 9. Drainage shall be provided to the satisfaction of the City Engineer. Surface flaw across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed 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. 10. DEVETOPMENT AGREEM ;T 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. 11. 7RANSF0101EPS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located undesgrcm-A such that said equipment is not visible from public street areas. CONDITIONS AUMTISMED BY TffS PLANNING DEPAI7IMETlI 12. The recommendation of approval is based on Exhibits A, A-1, A-2, B, B-1, B-2, and B-3, except as may be amended by the Conditions contained in this Resolution. 13. MODIFICATION OF APPROVED DEVELAPMENP 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 charges may be certified on the revised plan. If approval of said charges is withheld, the applicant may appeal to the Planning Commission. If the Director finds that the requested charges 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 charges 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 charges. Said request shall be made within ten (10) days from the date of approval of said changes by the Planning Commission. 14. USE LITSPPATIONS Permitted uses include the following: - Nursery School - Elementary school grades K-6 (150 max. students) - Church services - Associated meetings, special church related events Phase I approval is granted for the sanctuary expansion and office area: parking lot inprovements including repaving/restripping, fencing along the west property line, landscaping and lighting; and construction of the 400 sq. ft. storage building. Phase II approval consists of the addition to zoar hall which shall be initiated prior to June 1989. The planned addition to Thrvend Hall is not approved at this time. 16. PARKING ARFA IMPROVEME271S The applicant shall improve the parking area as follows: 1. Restrip and reconfigure the site to maximize the number of parking spaces within the available paved area. 2. P,enair the existing chain link fence located along the property line including adding redwood slats to screen visibility of cars from the adjoining site. Alternatively, the applicant may replace the fence with a new chain link with slats or wooden fence. 3. Provide parking lot lighting which does not spill over into the adjoining residential areas. 4. Provide landscaping along the west property line which may be individual tree wells or continuous landscape area. The above iroprovements shall be subject to staff review and approval prior to release of building permits. 17. Flooding Santa Clara Valley Water District maps indicate the site is subject to flooding a 1% flood. The applicant shall demonstrate that the first floor pads for any portion of the additions are not subject to being flooded from the 1% flood. The pads may be revised slightly or the site perimeter modified to meet this requirement, subject to staff approval. 18. PATIO/BARBECUE AREA The patio/barbecue area is not approved at this time. A future use permit approval is required prior to installing the patio/barbecue area. 19. All previous conditions imposed in Planning Commission Resolutions 2217 and 2407 shall remain in full force and in effect except as modified herein. 20. STORAGE BUTIDING The "L" shaped storage building located in the south east corner of the site is approved subject to the following: 1. Maintain a minimum 10 feet setback from the property line. 2. Install and maintain landscaping between the building and the property line. 3. The building shall be of wooden materials so as to be attractive to adjacent property owners. 4. otherwise, meet R1 Ordinance setback and height requirements for accessory buildings. 5. Building to be used for storage only and not as an office or play structure. 6. Final plans are subject to review by the Architecture and site Approval Ccmnittee. 21. If the property owner(s) agree, the church shall add two ft. of height to the fence of those neighboring the play area. should this addition not be sufficient, the option to require the moving of play equipment is retained. (2) Restriction of construction times (Eileen Crosno and Barbara Myers, appellants) Council denied the appeal and restricted heavy construction as defined in the City's ordinance to weekdays only, with light construction on Saturday but not before 9:00 a.m. Sincetrely, DOFO'IIiY COMIEI..LUS, CMC CrrY CLi3tIC cc: Department of Planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 Bethel Lutheran Cliurch 10181 Finch Avenue Cupertino, CA 95014 Bethel Lutheran Church Attn: Bob Schwenke 595 Park Ave., Ste. 310 San Jose, CA 95110 Janice Mitome 10197 Finch Avenue Cupertino, CA 95014 Eileen Crosno 10191 Yoshino Place Cupertino, CA 95014 Barbara Myers Yoshino Place Cupertino, CA 95014 OW 33-U-87 CITY OF CUPERTINO 10430 S. Da Anza BmUevard 04*xtino, California 95014 RESOLUTIOR NO. 3084 OF TilE PLANNm cmusSION OF THE CITY OF CiJPF1ZTm APP MING A USE PEM1IT TO OWSTRUCT AN 11,000 SQ. FT. ADOTTION TO AN EXISTING CMRCH AND TO OPERATE A NURSERY SOML, PRIVATE SCf00L, MEETING ROCI S, WOFSFD:P SERVICES, AND ASSOCIATED AGZIVIT1ES 'rAL y1J• ��. _. WFEtEASI the Planning Cccmission 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 Ccaaission 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 accc mmodate 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. 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 emnwxated in this Resolution beginning on Page 2 thereof; and RESOLUTION 1:0. 3084 (33-U-87) 0/10/87 PAGE - 2 - 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-87 as set forth in the Minutes of the Planning Commission Meeting of August 10, 1987, and are incorporated by reference as though fully set forth herein. SECTION II. PRa7= DESCRIPTION Application No(s) 33-U-87 and 35-FA-87 Applicant: Bethel Lutheran Church Property owner: same Location: Southwest corner of Finch Avenue and SQ=sen Avenue Parcel Area (Acres): 2.8 net 3.3 gt-oss SECTION III• CCNDIIICNS AII+@tIM= BY 71M PUBLIC WOM DEMRnM P 1. SIRE T WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CSJRB AND GAITER I PRWEMEMM Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Ehgineer. 3. SITMT LSGHTING 7S7STALSATION Street lighting shall be installed and shall be as approved by the City Engineer. bighting 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. 4. FIRE HYERANT Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. RESOLUTION 110. 3084 (33—U-87) 8/10/87 PACE —3- 6. STREEr TREES 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. 7. t�JG Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. 8. C12AlNPGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks ray be allayed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities small be installed 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. MG��1�►iNl��)Sul�� IjrH T717u a� .� The project developer shall enter into a development agreement with the City of up*troy providing for paymesrt 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. 11. TRANSFC7RZ�iS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located tmdergr and such that said equipment is not visible from public street areas. RESOLUTION NO. 3084 (33-U-87) 8/10/87 PAGE - 4 - yy •• Y • • • YY yY}• 210 :f Y,1 y • It I ' •jDl• q 'Ovl} / 12. APPROVED EXH1BITS The recommendation of approval is based on Exhibits A, A-1, A-2, B, B-1, B-2, and B-3, except as may be amended by the Conditions contained in this Resolution. In the event that the applicant or subsequent property owner sha11 desire to make any minor changes, alterations or amenrhnent 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 finis 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 C®issicn, the applicant may appeal to the City Council as provided in City ordinance No. 652. If said changes are approved by the Planning Ccmissioan, 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 fran the date of approval of said charges by the Planning Commission. 14. USE rTMT�AT'TONS Permitted uses include the following: - Nursery School - Elementary school grades K-6 (150 max. students) - church services - Associated meetings, special church related events the applicant shall improve the parking area as follows: 1. Restrip and reconfigure the site to maximizing the mmber of parking spaces within the available paved area. 2. Repair the existing chain link fence located along the property line including adding redwood slats to screen visibility of cars from the adjoining site. Alternatively, the applicant may replace the fence with a new chain link with slats or wooden fence. RESOLLMON NO. 3084 (33-U-87) 8/10/87 PAGE - 5 - 3. Provide parking lot lighting which does not spill aver into the adjoining residential areas. 4. Provider landscaping along the west property line which maybe individual tree wells or continuous landscape area. The above improvements shall be subject to staff review and approval prior to release of building permits. 16. Floodira Santa Clara valley water District maps indicate the site is subject to flooding a 1% flood. The applicant shall demonstrate that the first floor pads for any portion of the additions are not subject to being flooded from the 13 flood. She pads may be revised slightly or the site perimeter modified t6% meet this requirement, subject to staff approval. 17. PATIO/BARBECUE ARFA 18. The patio/landscape area shall be located away from the adjacent residential uses. The applicant shall return for informal site approval by the Planning Commission prior to installing the patio barbecue area. The adjacent property owners within 300 feet shall be notified of the Planning Commission meeting and on this matter. All previous conditions unposed in Planning commission Resolutions 2217 and 2407 shall remain in full force and in effect except as modified herein. PASSED AND ADOPTED this loth day of August, 1987 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following.roll call vote: • Jr •e. i 1 • 121'.. • :� V• •• �: IP'.. /s/ Robert Cowan Robert Cowan Director of Planning RES33U87(STEVE) /s/ Donald Mackenzie Donald Mackenzie, Chairman Clpert, m Planning Commission i � _ _.... :. ir.r/y. spin e. �+i•'/i O •` \ ,..� tit-�- •\c'�=Y I_h _ I _,_t I ^I "_y1R^ J^' ,�1►1��v�••' r N 33 _ m C li n\ ii�• ��4�. z^ .. �� Llll.. it ' � - �'�• try— � .� t... f/ � t` i < i ? i o a a , '1 • r D e 'h .r' �. \+� � R.. r� � +_ ;•��' ` � i i 2 e A ;> > A A � p 4 � '. .:.p :rr.:.r=r: 7 � Q S -�_.J ,;, I—•.�I � II m ILL W— T rN � y h n :I � t.4 �:� ii 'SC � �frt..r.ur•vr.,rt. I e CL T, _02 :i ► �� :v: `'I u " I ft.1 . %� aka � :dc N 11r4fill FINCH AVE. NORTH CUPERTINO HRH SCHOOL V ' •I FINCH AVE. NORTH CUPERTINO HRH SCHOOL V ' •I t( a T I T L E O W N E R ! 11M Pl.AN: • i - _ Lulh.r.n Church 1 •1 1 •L ItU w N 1 EANGTUAFIY MAIN BETNEL Y 7LOON PLAN Lullunn Chucb SEE 6NEEr IZ � .---ter ...W ' —� i I OfOW RISER DETAIL re-.-.- SANCTUARY .� II 'URN.� PASTOR (EXIST) Z/ I I -(EXIST) -�1 N•�/ 1 n- ' 1A. Jam" �; I ,`/ ire t3► }. � l... a• ter-, - - -r..�* I I�ii 0 L%AM .+. � �,+�` _ ! I 1, �. i � 'r."�.�::....... � }L�:. ( r�'T i c�-re.•... `_£ —'��f% 9 Lt f a '�.. ADULT ED.-CHOIR;� < I DULT LOUNGE J't� '1 ;.,�:. w % : O Z 3 > MAI i-..'�1'�--Ifs ( _ _.. -iy� •• .•.(r .. '�':�.� ._ Y•' �i' i-. .}".._ L' � '_---••1Ie'-.: .. •;-�1 :. .nl l- _ _ 1 f.. .. � .._ J: .. ... ri:.i iJ�I��:i � tC • .t•dj .. >.• I .'.a• i'. a•-v s•.v na•.i • .. re'1 ------�., r.r 1 r-o• s _� ••-d c•..e �..v =,=: N FLOOR PLAN I STORAGE LOFT FLOOR FRAM G•__ - _ \If�I U aAN — — _ �Ta _ 33-V 4s7 _-- ��� �—' �,,, _IJ-. ►,- _- �.... � " �^ ��� Y. ._ �:• �� =—_- - ,-mil lit NORTH ELEVATION - - _ - i.• I I.Js d: 1: 11. E �7•w��l t rl' ��i, Inl� i -:. �•..-7 �! JIM SOUTH ELEVATIONLLJ llj 3 W WEST ELEVATIONI . r-r w rl•^r I i I I TEACHER'S WORKROOM I KINDERGARTEN FIRST GRADE I NURSE w OFFICE cc SIXTH GRADE LIBRARY LEARNING` — I, CENTER I-- SCHOOL OFFICE RECEPT. OFFICE L • BOY'S i u .L • - / .%1 !, .ill GIRL'S 1 TV � SECOND GRADE 9 THIRD GRADE FOURTH GRADE i FIFTH GRADE WAITING AREA I� � riz •r...::-=.11 _..._� .�.r.-1 _1__i—_L�s•�_� .�11—_.--rv—.-l-J `t_ M I 1 V\ � \ 1�►v11 , ` � I I I v z CHURCH OFFICE f M I l I i T I T L E O W N E R 20Aq HALL BETIIEL (I FLOOR PLAN LNhum Church S>' IF1 Tb11 =MG f C._M`JAYICI.I ..'.�ti hour- _.� ianou v�a�•rc' _:if ;!LCV6fIOW —W.;V Y Tt-" SIDIN T1-11 SWING 4' c>Aif-_VP-10N • — 2 u W S i O W Y J W 0 = O J W J W JORfN CV ♦f :O A3 i..s leafs F � c t r 0 'I i 3R ; 33t3-� I k� E: r: I� i TORVEND HALL t,IG& lour. F." I Citt4 of CNperti"o 10300 Torre Avenue Cuprrlino, CA 95014-3255 Telephone: (4081252-4505 FAX: (4081 252-0753 COMMUNITY DEVELOPMENT November 14, 1990 Amy Green —Martin BEIMM LUrdERAN CHURCH 10181 Finch Avenue Cupertino, California 95014 Application 33-U-87 (Amended) Dear Ms. Martin, Cupertino, CA 95015-OSM nAs letter confirms the decision of the Cupertino Planning Ccmnission, given at its regular meeting of November 13, 1990 to approve the subject application according to the findings and conditions specified in the enclosed copy of the Planning Camnission Resolution No. 4309. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for cmplianoe with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact me if you have any questions about this matter. Sincerely, CITY OF CUPEFQIIO t V �I/ V- Mich le B unman Planner I letters/martin 33-U-87 (Amended) CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUPION No. 4309 OF THE PLANNING 0=4ISSION OF THE CITY OF CUPE1MTO APPROVI14G A USE PE Z1IT M OONSLRUCT AN OUIDOOR STAGE AND GARDENING DEVICES IN O0UJUNCTION WPIH CHURCH & SCHOOL ACPI M SBMON I• FINDINGS WHEREAS, the Planning Oommission 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 C= ission finds that the application meets the following requirements: a) That the use or uses are in conformanoe 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 is otherwise not detrimental to the health, safety, 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, 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 33-U-87 (Amended) as set forth in the Minutes of the Planning Commission Meeting of November 13, 1990, and are incorporated by reference as though fully set forth herein. Resolution N0.4309 (33-U-87 Amended) 11/13/90 Page -2- o•►Y •. 4 • ADM • �. r •JY • Application No(s): 33-U-87 (Amended) Applicant: Bethel Lutheran Church Property Owner: Bethel Lutheran Church Location: Southwest corner of Finch and Sorensen Avenues The recommendation of approval is based on Plans 1 & 2 dated Revised 10/8/90, except as may be amended by the Conditions contained in this Resolution. 2. USE LIAIITAT ONS The subject Use Permit amendment authorizes construction and use of a presentation area stage, placement of demonstration gardening equipment, and installation of a retractable fence on the locations shown on the approved exhibits. The stage area, when used in conjunction with the private school, shall be restricted to daylight hours. Use of the stage area for worship and church related activity is permitted in accordance with the church use permit, to that extent that the City may regulate church activities under constitutional limitations. Outside agencies, associations or private parties may not use the stage area. No amphlification equipment is allowed. No outdoor lighting except security lighting is allowed onto the stage or in the entire play yard area. 3. EXISTING SPRUCIWM/CDDE ENF0RCEM Nr The foundation, stage, and three sheds constructed in the southerly lawn area shall be removed within 30 days of this decision. The applicant shall arrange an appointment with staff to identify any other code violations. once identified, correction and verification of correction by staff prior to issuance of a building permit is required. 4. GATE The gate proposed for the parking lot shall be a sliding gate, allowing access to the required parking during Sunday Worship. The gate height cannot exceed 6' and the permitted materials include wood or wire mesh. Resolution No.4309 (33-U-87 Amended) 11/13/90 Page -3- A fence closing off the rear of the approved "L" shaped shed shall be installed simultaneously with the construction of the shed. The fence shall not exceed 6' in height and wire mesh is the allowed materials. The purpose of the fence is to hinder trash accumulation and the gathering of individuals to the rear of the shed. PASSED AND ADOPTED this 13th day of Novembex, 1990 at a Regular Meeting of the Planning Cccmaission of the City of Cupertino by the following roll call vote: AYES: CW IISSICNERS: Adams, Fazekas, Mackenzie, Mann, and Chairman Claudy NOES: COMNIISSICNERS: None ABSTAIN: CCMMISSICNFRS: None ABSENP: COMMISSICNFRS: None /s/ Robert Cowan Robert Cowan Director of Planning 33-u-90/peresos /sl John Claude John► Claudy, Chairman Cupertino Planning Co miission xau'�cN rr.c<��G L.- TNe GLh1-f)'D 0� i ^ e fW( .+M 1 N'Ia�aAO R �o101a° b x _. �wt log li till a