Reso 6660 U-2011-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6660
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW AN EXISTING
CHURCH TO EXPAND ITS OPERATIONS FROM 10340 BUBB ROAD TO INCLUDE
10420 BUBB ROAD.
SECTION I:FINDINGS
WHEREAS,the Planning Commission of the City of Cupertino received an application for
a Use Permit,as described in Section II of this Resolution;and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter;and
VV��REAS,the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1) The proposed use,at the proposed location,will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare,or convenience;and
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the Conditional Use Permits Chapter of the
Cupertino Municipal Code.
NOW,THEREFORE,BE IT RFSOLVED:
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 application for a Use Pernut is hereby recommended for approval, subject
to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. U-2011-01
as set f orth in the Minutes of the Planning Commi.s,sion Meeting of October 11, 2011, and are
incorporafied by reference as though fully set forth herein.
Resolution No.6660 U-2011-01 October 11,2011
SECTION II: PROTECT DESCRIPTION
Application No.: U-2011-01
Applican� Kevin Chiang(for Home of Christ Church)
Location: 10340&1042D Bubb Road
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 activities which have been accepted by the City. Activities permitted are
limited to those commonly 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 California 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, employer-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 program 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 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
Resolution No.6660 U-2011-01 October 11,2011
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.
5. PREVIOUS USE PERMIT FOR CHURCH USES
The use permit for 10340 Bubb Road, file no. 10-U-93, and its modification file no. 10-U-
93(modified),are both voided in their entirety.
PASSED AND ADOPTED this 11th day of October, 2011, Regular Meeting of the Plaruung
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Lee,Vice Chair Miller,Brophy,Sun,Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
�� r —
arti Shrivastava Winnie Lee, ai
Director of Community Development Planning Co ' io