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EXC-2011-01b OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408} 777-3366 October 20, 2011 Re: Ho�ne of Christ Church expansion proposal At its Octot�er 18, 2011 meeting, the Cupertino City Council took the following action: Adopteci the Negative Declaration and Resolution No. 11-181 for GPA-2011-01; conducted the first reac�ing of Ordinance No. 11-2083 which a) Repeals certain conditions referenced in Ordinance No. 3 60: # 13, # 14, # 15, and # 19 found in Planning Coinmission Resolution No. 406 and Planning Coirunission Resolution No. 409 in its entirety; and b) Modifies E�ibit "C" by adding: � 1) Ancillary general commercial uses as a permitted use; 2) Technical colleges & existing churches approved with a CUP as a conditional use . 3) Daycare centers, schools, convalescent centers & other sensitive receptors as prohibited uses; c) Ainends 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 Conducted the first reading of Ordinance No. 11-2084; Approved Use Permit, File No. U-2011- Ol; approved an Exception for shared parking, File No. EXC-2011-01 Unless amended during Council action, the Exception conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the site and parking plan prepared by KCAssociates/Kevin Chiang Architect AIA dated 04-01-11, titled: "10340 and 10420 Bubb Rd./The Home of Christ in Cupertino, CA", consisting of one page, except as may be amended by conditions in this resolution. 2. PARKING EXCEPTION This parking exception approval is granted to allow the sharing of parking facilities between 10340 and 10420 Bubb Road for the purposes of accotnrnodating the parking demand of the existing Home of Christ Church and its proposed expans�n to 10420 Bubb Road. October 20, 2011 Page 2 � 3. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requireinents, reservation requirements, and other exactions. Pursuant to Government Code Section 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 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. 4. RECIPROCAL PARKING & ACCESS EASEMENTS � Prior to the occupancy of 10420 Bubb Road by church uses, the applicant shall record reciprocal parking and access easements against 10340 and 10420 Bubb Road. Easements shall be reviewed and approved by the City Attorney prior to recordation. 5. MAlNTENANCE AGREEMENTS The applicant shall record driveway and parking area maintenance agreements as needed to clarify maintenance responsibilities for 10340 and 10420 Bubb Road. Agreements shall be reviewed and approved by the City Attorney prior to recordation. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2011-01, as set forth in the Minutes of the Planning Commission Meeting of October 11, 2011 and are incorporated by reference herein. Unless amended during Council action, the General Plan Amendment conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit A(General Plan Land Use Map), except as inay be amended by the Conditions contained in the Resolution. Unless amended during Council action, the Use Peimit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the site and parking plan prepared by KCAssociates/Kevin Chiang Architect AIA dated 04-01-11, titled: "10340 and 10420 Bubb Rd./The Home of Christ in Cupertino, CA", consisting of one page, except as may be amended by conditions in this resolution. 2. APPROVED AND PROHIBITED USES The subject use permit authorizes the use and conversion of 10340 and 10420 Bubb Road for church use. The Church has submitted the following list of uses and prohibited October 20, 2011 Page 3 activities which have been accepted by the City. Activities permitted are limited to those coinmonly associated with churches and shall be generally consistent with the activities detailed in Exhibit A. Sensitive receptors, as defined by the City's Municipal Code Section 19.60.080 and related State of Califoniia statutes, including Public Resource Code Section 42100; Health and Safety Code Sections 1250, 1418, and 1596.750; and Education Code Section 17323, and the specific uses and facilities described by these statutes are strictly prohibited. The following prohibited uses include but are not limited to: a school (preschool, kindergarten through grade twelve (K-12), specialized school, general acute care hospital (e.g., any nursing facility, intermediate care facility, congregate living health facility), long-term health care facility, child day care facility including day care centers, einployer-sponsored child care centers, adult day care and family day care homes. The following additional conditions shall apply to all the uses detailed in Exhibit A: a) For any specific uses involving children under 16 years old, as set forth in Exhibit A, the amount of time of any progratn will be limited to 3 hours or less on any day except Sunday and require a parent or authorized guardian to remain onsite. b) For any specific uses involving children 16 years and older, a responsible adult shall be required to be present onsite and the use shall be limited to 3 hours or less. 3. PARKING In the event that parking demand exceeds parking supply, the applicant shall develop a Parking Management Plan and/or alter their programs to reduce parking needs. 4. 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 Govemment Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the atnount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby fiu notified that the 90-day approval period in wluch you may protest these fees, dedications, reservations, and other exactions, pursuant to Goverrunent 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 661)20, you will be legally barred from later challenging such exactions. -- 5:_ _ PREVIOUS USE FOR CHURCH USES - _ _ _ __ --- - - The use pernut for 10340 Bubb Road, file no. 10-U-93, and its modification file no. 10-U- 93(modified), are both voided in their entirety. Unless amended during Council action, the Zoning conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recoininendation of approval is based on Exhibit A: Zoning Plot Map, and Exhibit B: Legal Description. October 20, 2011 Page 4 ' Please review the conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. Tlte conditio�zs of project c�pproval set forth /zerein may include certain fees, dedication requirements, reservation requireme�zts, a�zd otlzer exactio�zs. Pursua�it to Government Code Section 66020(d)(1), tltese conditio�zs constitute written notice of a state�nent of tlze cc�nouut of suclt fees, a�tcl a descriptio�z of tlze dedications, reservations, and other exactioizs. You are Izereby furtlzer notifietl tliat tlze 90-day approval period in. w/ziclz you �nay protest t/:ese fees, dedicatio�zs, and otlzer exactio�zs, pursuant to Gover�z»zent Code Section 66020(a), Izas begu�z. If you fail to file a protest witlzin tltis 90-day period conzplyirzg witlz all of tlie requii•ements of Section 66020, you will be legally barred fro�n later clzallengi�zg suclz exactio�zs. A�iy i�zterested person, including the applica�zt, prio�• to seeking judicial review of the city cou�tcil's decision in tlzis nzatter, nzust first file a petition for reco�ZSirleratio�z witli t/ze city clerk witlii�Z te�z days after tlZe cou�zcil's decisio�z. Any petition so filed �nust co�zply ivitli »:u�zicipal ordi�zance code �2.08.096. This letter will serve as your final Permit. Sincerely, � � `' , ;_-- Grace Schmidt Deputy City Clerk cc: Community Development Kevin Chiang Architects Home of Christ Church Attn. Kevin Chiang Attn. Ying-Chun Chang 44896 Osgood Rd. 10340 Bubb Rd. -- -- - - -- - Fremont, CA 94539 -- - - -- Cupertino; CA 95014- ,, � 1 '.� '.` �_ , �-- _ 1 � � '.\ . , �\ '` �-' , �.- `1. ��'\ � ''\ /--�"` ' ,\ �-- 1 0 ��r -�"" 1 \ ,, -r, � �- , � �,1°_ � � � � ' �1 � �, �. � � � . , ��` �,\ �,\ � '� �� '�� 5�1��0��0 ',\ `f'� . ; � '� ',\ (PARCEL "A 295-i,�-42) ' . , � \ �` �, ',` ��-`� � : � � �� O� 2L �/ �/f `�\�J ` �`� \ S � 1 �� v� f '' ' `��_ � \ •�o \ .,. -�' \ � r � , ,� ,. � � ; �, �. '� ,L `, �� Da,d, \ , � � {` �J �j � �,� � Nl � PARCEL ONE \�; j. 1� i `i ` O 1 J ��7 �°��°0� ° ``\ , , J � � "' (PARCEL "B", 295-IJ-42) � � �� , d � I� 1 �+ � �� , � ,�� Y " � w N .--'''� ��n I �n n -�' �Q . � , c4� U � a , _�� ` � ' II � ' -!� � o a � � i o �. � g 6 �\ �� JO o°� �r� ,i°'�� ' \ J � o' ��n �,•�' S� �' 0 � � '' � p �' 1 � q1 � � POINT OF 6EGINNI�IdG % � , I Id8' 10'32"E ��,� , � I �\ ,,� � r�'� (PARCEL "A", 383-�d-40) \ ,l j � �� 1 '� , , i � '•� � ,,\ , /� � % � '�� '� / � � � Q� � � ��.� �\ i f . � i /I �� SCALE: 1"=1 D0� BASIS OF [3EARA�GS: ��,o � � sC� FEB 4, 2D11 � �' �` c� THE BEkRII�lG, IJ18'S8'09"1N, OF TFIE GEIJTER LII�E ��' � G o BUBB ROAD, AS SHON'N OIJ THAT CERTAIid I,�AP �' �� ' �' LE��D FILED IN THE OFFICE OF THE RECORDER OF S,41VT,4 �� ------- PROPERII' UIJE CV�RA COUNIY, STATE OF C,4LIFORf�IA, IIJ B001C Er. .12 31 11 � 295 OF 1+4APS AT PAGE 42, 1h'AS USED /iS I HE I�O, L8235 -----------• E4SEMEI�T LIIJE g�,SiS OF� BEARIIJGS SHOIq'N GPl THIS MAP. `��' �''� ------ rCNTER LII��E 9 TF � � r�l � ��A,�, , 1c,�� BUBB ROAD �� `;�^ ��r 2b25112IDDLEFIELD RD t6S8 lEL; (bS0) 823-6466 CUPERTINO CA �� G � � �� p�-0 ALTO, CA 94306 rAX: (650) 887-0321 � . � EXHiBIT "�,�'� � LCGRL DESCRIPTION f�,�.RCEL OI�E: � r�11 of I�af�cei "B" as sl��ov�n on tl�at ceRain ��a� enfiitled °Rat�cel f��ap, ConsisYing or' �n� (�) Sheefi, Cit}� of Cupertino, Caliiornia", ��hich (�ap v��as filed for record in the Oi�fic� of the Recordc-r oi' fh� County of Sania Cl�ra, Sfiate of California on J�n�►ary 20, 197Z in Boolt 2�5 of ��la�s a.t Page 42, �,;, Cont�ining an area or' �,6�2 �cres, i7�ore or I��s. PP�i�CE� TWO: _ A poi�ion of the withi�i Bubb Road as shol�+n on tl�at certain Ma� entitl�d "Parcel Map, Consisting o�f One (1) Sheet, Cify of Cupertino, California", whicl7 Map ��as i fiied for record in th� Office of the R�corde�� of the County of Sdnta Clara, State , ef Califarnia on January 20, 9972 in Book 295 af ��a��s at Page �2, more ' p�rt�cularly described as follow: Sfarting irom a� poinfi af the south�rly corner of Parcel "B" as si�ov,�n on Said P�;ap, said point is on ihe easter�y line of Bubb Road; ihence northerly along Bubb Road on a curve to tl�e left, the tangeni at the beginniiig of curve I�ears 1�orth S°1 D'32" East, with � radius of 537.00', a central angle of �3°37'15", and a curve ' distance o�22�.38' to the ��desterl}� cornEr of Parcel "[3"; �h�nce Sauth 71°01'51" ' Wesi, 3 �.08' to a point on the cen#er line of Bubb Road; thence souti�erly alo{�g the cent�r lii�� of �ubb Road on a cuiva to the rig�if, fhe tangent at the b�ginning oi curv� bears 5ou�h 15°1 �'03° East, with � racfius of �00.00', a ceniral angle of � 25°33'20", and a cuive distance ot 223,02'; fhence P�lorth 71°01'�1" East, 41.99' to �he poiiifi on beginning. ' Containing an area of D:989 acres, nore or less. i --- --- -- - - -- - - -- - - - -- ---- __ - -- - - - ,f' N p End of description. � � ��p,�RAt� �� ,� ' �C{i ,�� G � � � 1 � � � �� -, � r p �� /�� ' � :t � � �' ��. L, 8235 ''` .�� ``` y �� \ � ^ . r�r CF's! iF � , =--1 C ( �at�' EXC-2011-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6662 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A PARKING EXCEPTION TO ALLOW THE SHARING OF PARKING FACILITIES BETWEEN 10340 AND 10420 BUBB ROAD TO ACCOMMODATE THE EXISTING AND FUTURE PARKING DEMANDS OF HOME OF CHRIST CHURCH AND ITS PROPOSED EXPANSION SECTION I: PROTECT DESCRIPTION Application No.: EXC-2011-01 Applicant: Kevin Chiang (Home of Christ Church) Location: 10340 & 10420 Bubb Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Parking Regulations (Chapter 19.100 of the Cupertino Municipal Code), as described in this Resolution; and WHEREAS, the Planning Commission finds the following with regards to this application: a) That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this title; b) That the granting of the exception will not be injurious to property or improvements in the area nor be detrimental to the pubic safety, health and welfare; and c) That the exception to be granted is one that will require the least modification and the minimum variance to accomplish this purpose; and d) That the proposed exception will not result in significant impacts to neighboring properties. e) The applicant has submitted a detailed site and parking plan to demonstrate that the proposed future church expansion is compatible with the proposed parking supply. f� The project is managed by a single entity. g) The adjacent properties are in close proximity to each other and reciprocal parking and access easements have been conditioned on the approval and will be recorded on the properties. Driveway & parking lot maintenance agreements will be recorded to clarify maintenance responsibilities. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, a Negative Declaration for environmental review purposes is recommended for approval, and the exception to the parking regulations is hereby recommended for approval subject to the conditions which are enumerated in this Resolution; and Resolution No.6662 EXC-2011-01 October 11, 2011 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the site and parking plan prepared by KCAssociates/ Kevin Chiang Architect AIA dated 04-01-11, titled: "10340 and 10420 Bubb Rd./The Home of Christ in Cupertino, CA", consisting of one page, except as may be amended by conditions in this resolution. 2. PARKING EXCEPTION This parking exception approval is granted to allow the sharing of parking facilities between 10340 and 10420 Bubb Road for the purposes of accommodating the parking demand of the existing Home of Christ Church and its proposed expansion to 10420 Bubb Road. 3. 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 Section 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 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. 4. RECIPROCAL PARKING & ACCESS EASEMENTS Prior to the occupancy of 10420 Bubb Road by church uses, the applicant shall record reciprocal parking and access easements against 10340 and 10420 Bubb Road. Easements shall be reviewed and approved by the City Attorney prior to recordation. 5. MAINTENANCE AGREEMENTS The applicant shall record driveway and parking area maintenance agreements as needed to clarify maintenance responsibilities for 10340 and 10420 Bubb Road. Agreements shall be reviewed and approved by the City Attorney prior to recordation. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2011-01, as set forth in the Minutes of the Planning Commission Meeting of October 11, 2011 and are incorporated by reference herein. PASSED AND ADOPTED this 11th day of October 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Brownley, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: / s/ Aarti Shrivastava / s/ Winnie Lee Aarti Shrivastava Winnie Lee, Chair Community Development Director Planning Commission • • or a � iona . n orma ion � . ee � e _ _ _ _ _ _