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U-1988-18b10100 Torre Avenue Cupertino, California 95014 Telephone: (40a) 252.4505 DEPARTMENT Of 111E CITY CLERK September 21, 1988 John Bjeletich 10184 Carmen Road Cupertino, CA 95014 P.O. Box 580 Cupertino, California 95015 CITY COUNCIL ACTION - APPEAL OF CONDITIONS OF APPROVAL, APPLICATION 18-U-88 This will confirm the action by the City Council at their meeting of August 15, 1988 at which your appeal of conditions of approval for Application 18-U-88 was granted and the application approved per the following conditions: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. SIDEWALK The western edge of the existing frontage sidewalk on Orion Lane shall be tapered to the five foot City standard. CONDITIONS AEMINISTERED BY THE PLANNING DEPARTHaIr 2. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A, B, and Info., of Application 18-U-88, except as may be amended by the Conditions contained in this Resolution. MODIFICATION OF APPROVED DEVELOPMENT 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 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. 4. USE LIMITATIONS The Recreation Center Building shall be limited to 2,600 sq. ft. of floor area, and shall be used for church -related or community functions not extending past 11:00 PM on any evening. Live music is permitted, without electronic amplification, subject to compliance with the City's Noise ordinance. 5. PARKING The developers shall provide additional on -site parking by paving and striping the reserve area at the north end of the site in accordance with city specifications. The final parking plan shall be subject to staff approval prior to release of the occupancy certificate, and shall reflect the developer's best efforts to provide 52 spaces, not exceeding 33% in compact dimension. The total number of spaces provided, and compact ratio shall also be subject to staff approval. 6. LANDSCAPING The developer shall provide a landscape buffer on the east side of the recreation building, the width thereof and plant material placed therein subject to staff approval prior to issuance of the occupancy certificate. 7. FENCING The fence on the east property line shall be replaced in accordance with the realigned dedication and improvement of the Orion Way cul-de-sac. a. NOISE CONTROL Prior to occupancy of the recreation structure, the developer shall provide a letter from a qualified acoustical engineer setting forth recommendations to ensure that activities conducted in or about the structure comply with the City's Noise ordinance. Amplified music shall be prohibited in any case, as is use of public address equipment. The intent of this condition is to preclude disturbance to adjoining residential uses. Me developer shall provide a gated trash enclosure, the design and placement of which are subject to staff approval. Zhu barLecue area "cover" indicated on Exhibit A is not approved as part of this Use Permit. S' y, DORDIHY COR 4EMMS, CMC CITY CURK cc: Department of planning and Development Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 St. Sava Serbian Orthodox Church 7811 Orion Drive Cupertino, CA 95014 Citil of CNpertiHo 101110 Ram Aw.we Cupertino, Caldornla 95014 TO(phone: f4081 252A505 DEPARTME NT Of MANNING AND DEVELOPMENT July 18, 1988 John Bjeletich 10184 Carmen Road Cupertino, CA. 95014 SUBJECT: Application 18-U-88: St. Sava Serbian Orthodox Church P.O. Box 580 Cupertino, California 95015 This letter wii confirm the decision of the Planning Commission, given at its regular meeting of July 11, 1988 to approve the subject application in accordance with the provisions of Resolution No. 4082, a copy of which is enclosed. We are also aware that you have filed with the Office of the City Clerk a written appeal of certain conditions; their office will schedule an appearance before the Council on a future agenda date. CITY�O�UPERTINO rk Caughey, AICP Associate Planner encl. 18-U-88 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 4082 OF THE PLANbMG CO[•21SSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO AL104 RETENTION OF A 2,600 SQ. FT. RECREATION BUILDING ENCLOSED WITHOUT PER41 S AT AN EXISTING CHURCH SITE SECTION I• FINDINGS YHMEAS, the Planning Ccrosnission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and {ZUREAS, the applicant has met the burden of proof required to support said application.; and WHEREAS, the Planning Com.nission finds that the application meets the following requirernrts: a) That the use or use 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 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. 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. NCtJ, THEREFORE, BE IT RESOLVED: That after careful consideration of raps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby reccmTended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusioris upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 18-U-88 as set forth in the Minutes of the Planning Commission Meeting of July 11, 1988, and are incorporated by reference as though fully set forth herein. Resolution No. 4082 (18-U-88) 07/11/88 Page -2- SECTION II. PRWECP DESCRIPTION Application No(s) 18-U-88 Applicant: John Bieletich Property Owner: St. Sava Serbian Orthodox Church Location: North side of Orion lane, west of Stellim SECTION III• CONDITIONS AIIMUSTERED BY THE PUBLIC WORKS DEPARI2lET7r 1. S'IRP WIDENING street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer, which shall include, but not be limited to the following: A) Dedicate and improve approximately 10 feet on east property line for completion of Orion Place cul-de-sac, to include landscaping and sidewalk. B) Remove existing frontage sidewalk on Orion Lane, replace with 5 foot monolithic walk and match existing sidewalk aligrmient to the east. 2. CURB AND GUITER R IMPROVE ,E= Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engin-ar. 3. S r.P=T 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 maximum height permitted by the zone in ,,tiich the site is located. 4. FIRE iiYDRANT 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 No. 4082 (18-U-88) 07/11/88 Page -3- 'a •aa. 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. MMML �1i:1a� Grading shall be as approved and required by the City Ergineer in accordance with ordinance 125. �X a hr_ e17� Drainage shall be providers to the satisfaction of the City Engineer. The developer shall caVly 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 subTrit detailed plans sharing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 10. DEVELDPI-fla I' AGREF7dE7lP 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 undergryun'iing of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipnent enclosures shall be screened with fencing and lardscaping or located underground such that said equipment is not visible from public street areas. SECTION 1V: CONDITIONS AEMITISTERED BY THE PLILIUMG DEPAFMJU?T 12 The recommendation of approval is based on Exhibits A, B, and Info., of Application 18-U-88, except as may be amended by the Conditions contained in this Resolution. Resolution No. 4082 (18-U-88) 07/11/8e Page -4- 13. MODIFICATION OF APPROVED DEVELDPf+lU 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 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 charges shall be referred to the Planning ctnMassion for approval. If the charges 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. Flrrther, any Member of the City Council may request a hearing before the City Ccnuncil 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. 14. USE MUTATIONS The Recreation Center Building shall be limited to 2,600 sq. ft. of floor area, and shall be used for church -related or camunity functions not extending past 11:00 PM on any evening. Live music is permitted, without electronic amplification, subject to compliance with the C-4+—'s Noise Ordinance. 15. PARKING The developers shall provide additional on --site parking by paving and striping the reserve area at the north end of the site in accordance with city specifications. The final parking plan shall be subject to staff approval prior to release of the occupancy certificate, and shall reflect the developer's best efforts to provide 52 spaces, not exceeding 33% in compact dimension. The total number of spaces provided, and compact ratio shall also be subject to staff approval. 16. IANDSCAPITdG The developer shall provide a landscape buffer on the east side of the recreation building, the width thereof and plant material placed therein subject to staff approval prior to issuance of the occupancy certificate. Resolution No. 4082 (18-U-88) 07/11/88 Page -5- 17. FENCING The fence on the east property line shall be replaced in accordance with the realigned dedication and improvement of the Orion Way cul-de-sac. 18. NOISE OONTROL Prior to occupancy of the recreation structure, the developer shall provide a letter from a qualified aooustical engineer setting forth x mnendations to ensure that activities conducted in or about the structure comply with the City's Noise ordnance. Amplified music shall be prohibited in any case, as is use- of public address equipment. The intent of this condition is to preclude disturbance to adjoining re idential uses. 19. TRASH ENCLOSURE/BARBECUE COVER Me developer shall provide a gated trash enclosure, the design and placement of which are subject to staff approval. The barbecue area "cover" indicated on Esdzibit A is not approved as part of this Use Permit. PASSED AND ADOPTED this lath day of July, 1988 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Adams, Szabo, Mackenzie, Claudy, Chr. Sorensen NAYS: COMMISSIONERS: None ASS`ZhIN: COMMISSIONERS: None ASSF27T: CXX-241SSIONERS: None /s/ Robert Cowan Robert Cowan Director of Planning 4700-15 4p /s/ Lauralee Sorensen Lauralee Sorensen, chairwoman Cupertino Planning Commission RsO18U88(P9) BEN /1/0 77 S - LOr-IILr----6o�E ZO =G'F/ <+Gocorao zu �/.vG .CE:T CC1a.ty _� � _2dT QGCCJNT CN CLL•-YV�.--.3L••.O ' /Cr:VG YC/�Ki 7�i 4 y T4. Fly - LRirrOSGAo/NG i6N o" 000r- '+AJFa�TJo R9AK//VG—_�02 S{rYbf rorNG Fn+rr•Ia t� /9,r/8tl 97.4. 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