Loading...
U-1989-29bcites of euperti»o 10100 Tuuc Avenue P.O. Box 500 Gip�•ilino, CA 95014,3255 Cupertino, CA 95015.0580 l0q,I-ne: (400) 252.4505 TAX: (4001 252-0753 [)[I'ARTMFNT OF IIIII CIIY CLERK March 9, 1990 Clayton Stokes Monta Vista Bible Church 21971 McClellan Road Cupertino, CA 95014 CITY C IOUNCIL ACTION - APPLICATION. 29=U-89 -,USE PE 41T To OPERATE A CHURCH WITHIN AN EXISTING 5,700 SQ. FT. OFFICE BUILDING - SOUTH SIDE OF STEVENS CREEK BOULEVARD, 200 FT. FAST OF FINCH AVENUE This will confirm the action by the City Council at their meeting of February 5, 1990 at which your Application 29-U-89 was approved per the following conditions: CONDITIONS AE14MSTERED BY THE PUBLIC WORKS DEPAAITYIU 1. STREET WIDENING Street widening, improvemmts and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. FINIUMV111 \ r a• I••• a 1� Garbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGT=G 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 maxirmml height permitted by the zone in which the site is located. 4. FIRE HYik2ANT 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. dsln••••� Grading shall be as approved and required by the City Engineer in accordance with ordinance 125. WINE 9. Drainage shall be provided to the satisfaction of the City Engineer. Surface flow 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. 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 undergr>ounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 11. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible fran public street areas. 12. PRIVATE DRIVEWAY ODVETUiNP The applicant shall record an appropriate deed restriction and covenant running with the land for all parcels which share a oomtmmon driveway or private roadway with one or more other parcels as depicted on the parcel map of this application. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 13. ROAD MUNTENANCE AGREEM Nr A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. 14. INGRESS/EGRESS EASEMEtJrS The applicant shall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. CONDITIONS AUMaSPERED BY THE COMMUNITY DEVEMPMENr DEPr. 15. APPROVED EXHIBITS The recatmnerdation of approval is based on Exhibits Site Plan, except as may be amended by the Conditions contained in this Resolution. 16. MODIFICATION OF APPROVED DEVEM ME4T PIAN 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 cmnission for approval. If the changes are denied by the Planning Conission, 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. 17. TRIP CONSTRAINT land Use intensity shall be limited to an intensity that will not generate more than 15.52 one way trips per acre during the peak traffic hour. For purposes of ensuring compliance with the Traffic Intensity Performance standard, the following accounting of trips is hereby incorporated into the project approval: Trips Generated by Church Use Church 5,700 sq. ft. @ .28 trip ends/1,000 sq. ft. = 1.6 trips Trips Credited to Church Use .97 acres x 16 = 15.5 Surplus Trips Available for Transfer Trips Used (1.6) — Trips Credited (15.52) = 13.9 (see note) Trips Available for Transfer Note: Trips may not be transferred unless approved by City council. In the event that a development does not utilize the full 16 trips per acre allotted by the trip end performance standard, the owner of record shall have the ability to retain, sell or transfer trips with other property owners within the the Traffic Intensity Performance Standard Area. The transfer of trips to another site must be approved by City Council following a public hearing. All sales or transfers of trips shall be filed with the Director of Planning and Development and the City Clerk. No sale or transfer shall be considered finally consummated until a Use Permit has been approved for the property to which the trips are to be applied. The developer shall record a covenant to describe the trip acre constraint and the total number of trips allocated to the particular development at the time of development approval. The covenant shall appropriate wording to suggest that future purchasers of the property consult the individual Use Permit file to obtain an updated status report of the total number of trips allocated to each particular property. 18. NOISEMAKING DEVICES No public address system or paging system, powered megaphone or similar noisemakinj device shall be permitted outdoors at any time. 19. PRECISE DEVEIAPMENT PLAN REVIEW As part of the precise development plan required under Section IV(c) of ordinance No. 168, the developer shall obtain formal architectural site approval of the building layout, conprehensive planting, and site lighting plan, and in accordance with the following directions: A) The light fixture placed in this area shall be adjustable to ensure adequate protection of motorist frown intrusive effects of glare. Lighting in the parking lot shall be of a white tint, rather than orange or yellow. B) landscaping along the north portion of the site along Stevens Creek Boulevard should be draught resistant plantings. C) The trash enclosure should be located on the site in such a mariner as to not be visually obtrusive to the surrounding uses with particular concern of the view frcaa Cupertino High School to the rear of the parcel into the site. 20. PARKING A muiinun of 28 spaces shall be provided. This parking is based upon the applicant's projection of 3.00 people utilizing pews at 1 parking space per person and 3 employees creating a total of 28 parking spaces required. The applicant will obtain cooperative off -site parking arrangements, if the overflow from the subject parcel disrupts and/or conflicts with adjoining parcel parking. 21. SIGN PROGRAM If the applicant wishes to establish a sign program, the detailed exhibits shall be subject to separate review and approval by the Architectural Site and Approval C=nittee. 22. USE LIMITATION Future day care use is subject to additional use permit review. Please review -- iition s carefully. If you have any questions regarding the conditions of approval please contact the Department of Ommmunity Development staff mm*n,s for clarification. Failure to incorporate c axiitions into your plan set will result in delays at the plan checkiM stage. If dovelcp ertt eorriitians require tree preservations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is February 5, 1992 (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerely, DOROTHY CORRM.IUS, CMC cc: Department of Community Development Department of Public Works Bill McBee Cupertino Sanitary District 20065 Stevens Creek Boulevard Cupertino, CA 95014 29-U-89 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4236 OF THE PLANNING OON4ISSION OF THE CITY OF CUPERTINO RDCOMMING APPROVAL TO OPERATE A CHURCH WMEM AN EXISTING 5,700 SQ. FT. OFFICE BUnD= SECTION I: FINDINGS WHOMS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and VaMIFAS, the applicant has met the burden of proof required to support said application.; and WEiIIM.S, 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 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 rat 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 workbxj in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. e) The applicant understands the trip end restraint policy and will not sell or transfer the surplus trip ends. 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 29-U-89 as set forth in the Minutes of the Planning Commission Meeting of January 9th, 1990, and are incorporated by reference as though fully set forth herein. Resolution No. 423B (29-U-89) January 9, 1990 Page -2- SUCTION II: PROIUCr I)MC52IPIICNd Application No(s): 29-U-89 and 4 -FA-89 Applicant: Clavton if. -Stokes Property Owner: Manta Vista Bible Church Location: South side of Stevens Creek Blvd.. 200 ft. east of Finch Avenue Parcel Area: .97 Acres SECTION III: CDNDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPAiiLMFNr 1. SFRELT WIDENING street widening, inprovements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUPPER IMPRUVIIYIINiS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. SIREEr LIGFi1ZNG INSPALLATICkI 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 maxim un height permitted by the zone in which the site is located. 4. FIRE HYDRAN 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. 6. SI?,M 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. GRADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance 125. Resolution No. 4238 (29-U-89) January 9, 1990 Page -3- 8. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow 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. 9. UIMEICROUND UTILITIES The developer shall amply 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. DEVELOPMEHr AGREEMIIrr 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. TRANSFUla4II2S Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 12. PRIMATE DRIVEWAY COVOW11 The applicant shall record an appropriate deed restriction and covenant running with the lard for all parcels which share a common driveway or private roadway with one or more other parcels as depicted on the parcel map of this application. Said deed restriction shall provide for necessary reciprocal ingress/egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. 13. ROAD MAINITIMCE AGREEMINP A reciprocal maintenance agreement shall be required for all parcels which share a common private drive or private roadway with one or more other parcels within the tract. Said agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to prior approval as to form and content by the City Attorney. Resolution No. 4238 (29-U-09) Sanuary 9, 1990 Page -4- 14. IHGRFSS/DSRFSS FASFMFNI'S The applicant :hall record an appropriate deed restriction and covenant running with the land subject to approval of the City Attorney, for all parcels which share a common private drive or private roadway with one or more other parcels. Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels. Said easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party. SI7CFION IV: ODNDITIONS ADMINISPFRFU BY THE COh4CMITY DEVECAPMFNP DEPT. 15. The recommendation of approval is based on Exhibits Site Plan, except as may be amended by the Conditions contained in this Resolution. 16. MODIFICATION OF APPROVED DEVELAPMERr 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 developmnt 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 nay 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 nay 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 nade within ten (10) days from the date of approval of said charges by the Planning Commission. Resolution No. 4238 (29-U-89) January 9, 1990 Page -5- 17. TRTP OONSIRATNP Laud Use intensity shall be limited to an intensity that will not generate more than 15.52 one way trips per acre during the peak traffic hour. For purposes of ensuring eamplianoe with the Traffic Intensity Performance Standard, the following accounting of trips is hereby incorporated into the project approval: Trips Generated by Church Use Church 5,700 sq. ft. Q .28 trip ends/1,000 sq. ft. — 1.6 trips Trips Credited to Church Use .97 acres x 16 = 15.5 Surplus Trips Available for Transfer Trips Used (1.6) - Trips Credited (15.52) = 13.9 Trips Available for Transfer In the event that a development does not utilize the full 16 trips per acre allotted by the trip end performance standard, the owner of record shall have the ability to retain, sell or transfer trips with other property owners within the the Traffic Intensity Performance Standard Area. All sales or transfers of trips shall be filed with the Director of Planning and Development and the City Clerk. No sale or transfer shall be considered finally consummated until a Use Permit has been approved for the property to which the trips are to be applied. The developer shall record a covenant to describe the trip acre constraint and the total number of trips allocated to the particular development at the time of development approval. The covenant shall appropriate wording to suggest that future purchasers of the property consult the individual Use Permit file to obtain an updated status report of the total number of trips allocated to each particular property. 18. NOISIIMAIQNG DEVICES No public address system or paging system, powered megaphone or similar noisemaking device shall be permitted outdoors at any time. 19. PRDCISE DEVELOPMENT PLAN REVIEW As part of the precise development plan required under Section IV(c) of ordinance No. 168, the developer shall obtain formal architectural site approval of the building layout, couprehensive planting, and site lighting plan, and in accordance with the following directions: A) The light fixture placed in this area shall be adjustable to ensure adequate protection of motorist from intrusive effects of glare. Lighting in the parking lot shall be of a white tint, rather than orange or yellow. B) landscaping along the north portion of the site along Stevens Creek Boulevard should be drought resistant plantings. Resolution No. 4238 (29-U-89) January 9, 1990 Page -6- C) The trash enclosure should be located on the site in such a manner as to not be visually obtrusive to the surrounding uses with particular concern of the view from Cupertino High School to the rear of the parcel into the site. 20. �AIiCItJG A minimum of 28 spaces shall be provided. This parking is based upon the applicant's projection of 100 people utilizing pews at 1 parking space per person and 3 employees creating a total of 28 parking spaces required. The applicant will obtain cooperative off --site parking arrangements, if the overflow from the subject parcel disrupts and/or conflicts with adjoining parcel parking. 21. SIGN PROGRAM If the applicant wishes to establish a sign program, the detailed exhibits shall be subject to separate review and approval by the Architectural site and Approval Committee. 22. USE LTMTPA'N Future day care use is subject to additional use permit review. PASSED AND ADOPTED this 9th day of January, 1990 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Blaine, Claudy, Mackenzie, Chairman Adams NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMffSSIONERS: I fs/ Robert Cowan Robert Cowan Director of Planning peresos/rso29u89 /sl Victor Adams Victor Adams, Chairman Cupertino Planning Commission I � i I �, N T T� R---�---- � I �j 3 DOE D 0 I ii ' `MULTI TENNANTS i APN 315-0�-007 29q. 96 I TO P40' , f I PW PfZLH Az- 41 111 t bG� I?sGl L ot I 51 Ig' m c � , �L:� �- htkc• f-P j', i?:, 5°� 1 U 2 : II,o� ►� TU :.�' �, { �i.� �+�an q - _ , . 142.761 n �i NB9 sot4-SE PLLJ �"'I�II-ka izEQ�f� Z� o L� CF !v rP(='�I� G��pt;VS fU BSc r� f W � P ►P�x �ni .IK� I-•lat-Int �x� � p ko' y tt' p I IvGGCG, (Ijut�rl g� l 1c U fG�ii T yP. � y" OF �1a �'F�R.�•pi-F� - _ Gg50 . � �\ �—� �\ •�` . \ ?,ot->•�wU � IGr-►�- j I� • FG�r1��'n j�kV�%�- n \ WELL Nn rT }