101-City Council Staff Report.pdf COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 18, 2011
Home of Christ Assembly Use Expansion Proposal
Subject
The Planning Commission recommended on a 5-0 vote that the City Council approve the
General Plan Amendment, Municipal Code Amendment, Rezoning, Use Permit and Parking
Exception (Attachment A).
Recommended Action
Approve project and conduct the first reading of Ordinance No. 11-2083: "An Ordinance of the
City Council of the City of Cupertino amending Chapter 19.60 (Light Industrial (ML) zones) of
the Cupertino Municipal Code, related to the streamlining and codification of the ML-rc (West
Valley Light Industrial) zoning regulations, and the repeal of Ordinance No. 360"; and
Ordinance No. 11-2084: "An Ordinance of the Cupertino City Council rezoning a parcel of 1.612
acres and its fronting half-street of 0.189 acre located at 10340 Bubb Road, APN 357-20-019";
and adopt Resolution No. 11-181
Applications: GPA-2011-01, MCA-2011-01, Z-2011-01, U-2011-01, EXC-2011-01(EA-
2011-02)
Description
Applicant: Kevin Chiang (for Home of Christ)
Property Owner: Home of Christ/Home of Christ, LLC
Location: 10340 & 10420 Bubb Road (APNs 357-20-019, -038)
Application Summary:
1. General Plan Land Use Amendment to change the land use designation from “Quasi-
Public/Institutional” to “Industrial/Residential/Commercial” for 10340 Bubb Road.
2. Rezoning from BQ (Quasi-Public Building) to ML-rc (West Valley Light Industrial) for
10340 Bubb Road.
3. Conditional Use Permit to allow Home of Christ assembly uses as a conditional use on
10340 and 10420 Bubb Road. Revoke previous use permit (file no. 10-U-93) on 10340
Bubb Road.
4. Parking Exception to allow shared parking between 10340 and 10420 Bubb Road.
5. Municipal Code Amendment to codify and clean-up ML-rc zoning regulations and place
them in the ML zoning ordinance. Add existing Home of Christ assembly use as a
conditional use under certain conditions. Prohibit schools, daycare centers and other uses
with sensitive receptors.
Project Data:
Location APN Site
Area
Building
Sq. Ft.
Existing
Use
Proposed
Use
Existing
Parking
Proposed
Parking
10340
Bubb Rd.
35720019 1.61 ac. 30,000 Church Church &
ancillary
activities
100 108
10420
Bubb Rd.
35720038 3.53 ac. 50,830 Vacant,
Former
College
Church &
ancillary
activities,
offices
203 227
TOTAL 5.14 80,830 303 335
Planning Commission
Discussion
On October 11, 2011, the Planning Commission reviewed and unanimously recommended
approval of the Home of Christ assembly use expansion, as well as the codification of the revised
ML-rc zoning regulations in the ML zoning ordinance. Background information is in the
Planning Commission staff report (Attachment B) and the attachments (Attachments C – J).
Commissioner Brophy disclosed that he met with the applicants about their project.
Commissioners Miller & Lee also indicated that they had met with the project applicants. While
the commissioners supported the project, individually they had some questions/concerns as
summarized below (Any staff notes are in italics):
• The Light Industrial (ML) zoning ordinance may be outdated since most Cupertino
“industries” are office-like and could be compatible with commercial uses and uses that
have sensitive receptors. There are many sensitive receptors nearby, just not in the
industrial park.
• There should be a better match between the assembly use and the General Plan Land Use
designation (that is, Quasi-Public/Institutional instead of Industrial/Residential/
Commercial). (The proposed planning solution maintains the land use/zoning integrity of
the area and allows the applicant to lease any unused tenant space to a ML business.)
• The site is not a perfect location for a church, but regulations have been put in place to
address potential land use conflicts.
Public Comments
Ash Pirayou, attorney for the Home of Christ Church, stated that it was not the church’s goal to
operate a daycare or school on the properties and the church will make certain that the parking
will work. Jack Yuan, church elder, stated that the Home of Christ has been in Cupertino since
1995 and that most of its members live in Cupertino. Approximately 143 of those members
attended the public hearing. He said they have agreements with the adjacent property owners to
share parking, which will allow the businesses to use their parking lots during the weekdays,
while the Home of Christ uses their lots on the weekends. Mr. Yuan considers themselves a
public service organization and he enumerated the various service activities they have been
involved in.
_____________________________________
Prepared by: Colin Jung, AICP, Senior Planner
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director
Approved for Submission by:
Attachments:
David W. Knapp, City Manager
A: Planning Commission Resolution Nos. 6660, 6661, 6662, 6663 and 6664
B: Planning Commission Staff Report dated October 11, 2011
C: Existing Home of Christ Use Permit for 10340 Bubb Road
D: Proposed Home of Christ Use/Tenancy List
E: West Valley Industrial Park (ML-rc) Zoning regulations
F: Proposed, Revised Light Industrial (ML) Zoning Ordinance
G: ERC Recommendation and Initial Study
H: Applicant’s Entitlement Application & Assessment Report
I: Public Comment
J: Home of Christ Site & Parking Plan
K: Rezone to ML-rc Ordinance No. 11-2084
L. ML Ordinance Amendment No. 11-2083
M. City Council General Plan Amendment Resolution No. 11-181