Reso 6662 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 DESCRIP'TION
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 environxnental 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:
arti Shrivastava Winnie Lee,Chair
Community Development Director Planning Commission