Reso 080CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 80
.OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
ALLOWING MODIFICATIONS TO THE SITE INCLUDING THE INSTALLATION OF
AN OUTDOOR PLAY STRUCTURE LOCATED AT 940 S. STELLING ROAD.
SECTION 1: PROJECT DESCRIPTION
Application No.: DIR-2016-34
Applicant: Diane Hsu (Christian Light and Salt ]Foundation)
Location: 940 South Stelling Road (ATT 359-25-041)
SECTION 11: FINDINGS
WHEREAS, the Administrative Hearing Officer of the City of Cupertino received an, application
to allow for modifications to the site at an existing church including installation of an outdoor
play structure in a Quasi -Public Building Zone;
WHEREAS, the project is categorically exempt from the California Environmental Quality Act
(CEQA); and
WHEREAS, the necessary public hearing notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at least
one public hearing in regard to the. application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Administrative Hearing Officer finds:
1. The application is a minor change to a plan which has received site and designs approval;
The modifications to the landscaping including, the addition of the new playground structure
and installation of a wooden fence are minor changes to an existing site that had previous
architectural and site approval. The area 2% of the overall site. The proposed modifications
for the project is, therefore, considered minor.
2. The proposed development and/or use will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the
purpose of this title and complies with the California Environmental Quality Act (CEQA).
The proposed project is consistent with and will be conducted in a manner in accordance with
the General Plan and Zoning Ordinance. Additionally, an acoustical study prepared by a
third party consultant using latest best practices has concluded that noise impacts generated
Resolution No. 80 DIR-2016-34 February 23, 2017
Page 2
from the project would be "less than significant." Furthermore, the proposed modifications to
the site are categorically exempt under CEQA in that involves negligible change to an
existing use or site.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in Section III and IV of this
Resolution beginning on Page 2 thereof, the Application No. DIR-2016-34 is hereby approved;
and that the sub -conclusions upon which the findings and conditions specified in this Resolution
are based and contained in the public hearing record concerning Application DIR-2016-34 as set
forth in the Minutes of the Administrative Hearing Meeting of February 23, 2017, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set entitled "Playground Furniture Installation at Good
Shepherd Christian Church, 940 S. Stelling Road, Cupertino CA" consisting of six (6)
sheets labeled as A0.1, A1.1, A1.2, A2.1, L-1 drawn by RCUSA Corporation, two (2)
sheets from Playcraft Systems, and project description dated received January 5, 2017,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records. Any
misrepresentation of any property data may invalidate this approval and may require
additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2016-02 shall be applicable to this
approval.
Resolution No. 80 DIR-2016-34 February 23, 2017
Page 3
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval, in accordance with 6-U-86, Resolution No.2777 as
approved by. the ]Planning Commission on ]February 3, 1936, and the modification the
use permit M-2009-05, Resolution No. 6559 as approved by the Planning Commission on
June 23, 2009, shall remain in effect except as may be amended by conditions contained
in this resolution.
6. SIGNAGE
Signage is not approved with this use permit application. The applicant shall be
required to submit an application for a sign program and signage prior to installation of
any signage on site. All signage shall conform to the City's Sign Ordinance.
7. NOISE CONTROL
Noise levels are not to exceed those listed in Chapter 10.48: Community Noise Control
of the Cupertino Municipal Code, unless approved by special exception by the Noise
Control Officer. ]Future and periodic tests must be conducted to verify and ensure
continuous compliance with the ordinance at the request of the Community
Development Director.
8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
9. INDEMNIFICATION
]Except as otherwise prohibited by law, the applicant shall indemnify. and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys' fees and costs incurred in defense of the
litigation. The applicant shall pay such attorneys' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff and shall include City
Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City.
10. 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 Sections 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
Resolution No. 80 DIR-2016-34 February 23, 2017
Page 4
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 -
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINSTERED BY THE BUILDING DEPARTMENT
11. BUILDING PERMIT ISSUANCE
A building permit is required for the alteration to the classrooms and the installation of
the playground structure to guarantee compliance to the 2016 California Building
Codes.
PASSED AND ADOPTED this 23rd day of February, 2017 at a noticed Public Hearing of the
Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Community Development, or his or her designee, pursuant to Cupertino Municipal
Code Section 19.12.120.
ATTEST:
Erick Serrano
Associate Planner
APPROVED:
r
Ben' min Fu
Asst. Director of Community Development