Reso 5090 ?��-u-xs�M>
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5090
OF THE PLANNING COMMISSION OF THE C[TY OF CUPER`I'(NO
APPROVING A USE PERMIT MODIFICATION TO RELOCn"l'E nN
EXISTING PARSONAGE, THE MCCUBBIN HOUSE AND BU[LD[NG n
NEW PARSONAGE AT AN EXISTING CHURCH AT 10151 HOWnR[) COUIZ"I'
SECTION I: FINDINGS
WHEREAS, the Planning Commission oF the City ot� Cupertino receiveci �in ap��licalic�n li�r �i Us�
Perinit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the I'rc�ecclural
Ordinance of the City of Cupertino, and the Planning Co���mission has held ��i�c <�r m<�rc ��uhlic
hearings on this n7atter; and
WHEREAS, the applicant has met the burden of proof required to support saicl a����licatic�n: �incl I�ati
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or iniuri��us t�� ��r����crty ur
improvements in the vicinity, and will ilot be detrimental to the public heallh, sa(-ety, �cncral
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with thc C'u��crtine�
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after carefLil consideration of maps, facts, exhibits, testimony and other evidcnce suhmittc�l in (hiti
�natter, the application for Use Permit is hereby de�lied; and
That the subconclusions Lipon which the tindings aild conditions specified in this re���luti��n arc h�is�cl
and contained in the public hearing record concernin� Application No. 29-U-85(M) as scl li�rth in thc
Minutes of the Planning Commissioil Meeting of November 8, 1999 and Deccn�ber 1 i, I�)�)�), <<ncl .u�c
incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: 29-U-85(M)
Applicant: First Baptist Church of Cupertii�o
Property Owner: First Baptist Church of Cupertino
Location: 10151 Howard Court
Resolution No. 5090 29-U-85(M) Dcccmbcr I�, 1�)9�)
Page-2-
SECTION III: CONDITIONS ADMINISTERED I3Y THE COMMUN[TY Dl?V�LOI'MI;N"I' I)I?l''I'.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "Proposed Residential Developmenl, I 015 I I Ic�w�u•�I ('t.,
Cupertino, CA" consisting of two sheets labeled A-1 and A-2 and dated 9/1/99 ancl rcv i ticcl
9/29/99, except as niay be amended by conditions contained ii� lhis resolution.
2. R�LOCATION OF THE 1VICCUBBIN HOUSE
The applicant is authorized to relocate the McCubbin House to another resi�icntial lul cilh�r insi�l�
or outside of Cupertino.
3. USE LIMITATIONS
The new parsonage, approved by this use permit iliodification, shall be occu��icc1 I<�r resicicnti�il
purposes only by the current pastor and his family or a future pastor anci his lamily.
4. RESIDENTIAL BELOW MARKET RATE REQUIREMENT
Since the new parsonage is linlced to a 9-lot residential subdivision appcoved uncicr lilc i�u. �-"I�M-
98, in the event that the parsonage and associated land is subdivided anci s��ld ��r thc ��ars��na�c iti
cented to another party who is not the pastor of the abutting church, then the s<<Ic c�r rcntal �>I� th�
parsonage shall be subject to the City's Below Market Rate Housin� requicemcnts.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHCR CXnC"flON�
The Conditions of Project Approval set forth herein n7ay include ce�-tain Fees, cledicatic�n
requirements, reservation requirements, and other exactions. Purs�iant to Gc�vernment �'ucic
Section 66020(d) (1), these Conditions constitute written i�otice of�a statemcnt c�l�thr am��unt ��I�
such fees, and a description of tlle dedications, reservations, and other exacli��ns. Y<�u arc hrrchy
turther notified that the 90-day approval period in which yo�i may protest these Iccs, cicclic�iti��ns.
reservations, and other exactions, purs�iant to Government Code Sccti��n 66U2U(�i), has hc�,un. I I�
you fail to a protest withii� this 90-day period complyin�; with all of the rec�uirements ��I��ccti��n
66020, yotii will be legally barred froi�� later challen�in� such exactions.
PASSED AND ADOPTED this lith day of Deceinber 1999, at a Re�ular Meetin� ��I� thc I'lannin�
Commission of the City of Cupertino, State of California, by the followin� i-oll call v��tc:
AY�S: COMMISSIONERS: Harris, Kwol< & Stevens
NOES: COMMISSIONERS: Corr & Chair poyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Resolution No. 5090 29-U-85(M) Decembcr 1�, 1999
Page-3-
ATTEST: APPROVED:
��� 0 �
Robert S. Cowan David Doyle, C�airmai
Director of Coinmunity Development Cupertino Planning Commis�i��n
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