DIR-2007-22b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Steve Piasecki, Director of Community Developm~
Prepared by: Colin Jung, Senior Planner
Date: June 18, 2007
Subject: Director's Minor Modification, DIR-2007-22, to a use permit, 2-U-89, to use the
lower building of the property as a retreat center, 22840 Mercedes Road.
Chapter 19.132 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision
to the City Council and Planning Commission in time to allow an appeal
of the decision within fourteen calendar days.
BACKGROUND:
The subject 4.65-acre hillside property, consisting of three legal lots, and known as, the
"Marianist Property" has been used by the Marianists as a combination of senior
living/ care facility, administrative offices and religious retreat center since the late
1960's. It is zoned (BQ) and general planned for quasi-public/institutional uses (Exhibit
A).
The upper 11,244 square-foot building was constructed and entitled in the County prior
to the annexation of the property in 1972. It is used for a religious residential facility (29
bedrooms), administrative offices, religious retreats and instructional meetings, and
has its own parking area. Its use constitutes a legal, non-conforming use of the
property .
The lower 9,633 square-foot building, accessed via Mercedes Road, was built and
entitled in Cupertino under two use permits: file nos. 5-U-72 and 2-U-89, as a
residential assisted living facility limited to 16 bedrooms.
The Marianists have consolidated their operations in their Cupertino valley floor
location on Alcalde Road and have put the hillside property up for sale since last year.
Another religious order, the Legionaires of Christ, are interested in purchasing the
property and re-using the buildings as previously allowed with one modification: to
shift the permitted religious retreat and meeting use from the upper building to the
DIR-2007-22
22840 Mercedes Road
Page 2
DISCUSSION:
The overall uses of the property would not change but would shift from one building to
another on the property. The assisted-residential use of the lower building would be
supplanted by the meeting/retreat use moving from the upper building to the lower
building.
Traffic:
The traffic frequency is expected to change. The assisted living facility was a 24-hour,
seven days a week use that required a constant labor force to service the 15-bed facility.
The applicant envisions periodic retreats and meetings in the lower building that would
include:
1. Weekend Retreats starting Friday afternoon and ending Sunday with overnight
stays. Maximum number of attendees would be eight to 25 attendees.
2. Day Classes & Meetings three to four times a week for no more than 25
attendees.
3. Week or Longer Retreats once or twice a year of no more than 25 attendees.
Applicant expects attendees to be traveling during non-peak hours for classes and
retreats and to carpool or share transportation because they come from definable
groups and parishes.
Note that this type of use is already permissible in the upper building.
ACTION:
The Director of Community Development deems the modifications minor and approves
the changes subject to the following conditions:
1. 1. The approval is based on the attached letter dated May I, 2007 from Bernard
J. Vogel, III to Steve Piasecki, regarding "22840 Mercedes Road, Cupertino, CA
95014" and the 9-page Background information on the property, except as may
be amended by the conditions contained hereafter in this approval.
2. The retreat, seminar and classroom meetings in the lower building at 22840
Mercedes Road are limited to religious-related activities consistent with the
zoning of the property.
This approval of the modification is effective June 18, 2007. The fourteen calendar day
appeal period will expire on July 2, 2007.
Enclosure:
May 1, 2007 Letter and Background Information
G: \ Planning \ PDREPORT\ DIRreports \ 2007\ DIR-2007-22.doc
2
SILICON VALLEY LAWIBll
A LAW CORPORATION
<!l
May 1, 2007
Mr. Steve Piasecki, AICP
Director of Community Development, City of Cupertino
10300 T orre Avenue
Cupertino, CA 95014-3255
Re: 22840 Mercedes Road. Cupertino. CA 95014
Dear Mr. Piasecki:
This office represents Ramona, Inc., a California nonprofit corporation
("Purchaser") with regard to the property commonly known as 22840 Mercedes Road,
Cupertino, CA 95014 (the "Property") and consisting of three separate legal parcels.
We met with Colin Jung on April 10, 2007 to discuss Purchaser's proposed uses
of the Property, which are virtually identical to the current uses of the Upper Building, (a
legal non-conforming use which originated prior to annexation), and consistent with the
uses of the Lower Building under the existing conditional use permits described below
(the "CUPs")..
This letter requests confirmation that (a) Purchaser's continuation of existing uses
of the Upper Building would be consistent with its legal nonconforming use status, and
(b) the slight changes in use of the Lower Building are fully within the scope of the CUPs
(and consistent with the General Plan and BQ Zoning District). At Mr. Jung's
suggestion, we have included with this letter information about the current and proposed
uses for each building.
I look forward to your response. I am available on short notice for meetings and
phone conferences, and would be pleased to provide any further information you require.
7J;:;'9-uop
Bernard J. Vogel, III
BJV/db
Enclosure
cc: Alex Diaz, Esq.
Father Daniel Massick, L.C.
Geoffrey Etnire, Esq.
10~~tro Drive Suite 600 San Jose CA 95110 408.573.5700 fax 408.573.5701 www.svlg.com
This Addendum to the Minor Modification Application incorporates the request
letter dated May 1,2007 to Mr. Steve Piasecki, AICP, Director of Community
Development, City of Cupertino from Ramona, Inc., a California nonprofit corporation,
("Request Letter") with regard to the property commonly known as 22840 Mercedes
Road, Cupertino, CA 95014. Unless otherwise defined herein, capitalized terms have the
same meaning as defined in the Request Letter.
In response to the Request Letter, the City of Cupertino in a letter to Purchaser
dated May 16, 2007 been requested Purchaser describe "periodic" retreats and meetings
at the Lower Building.
Purchaser envisions "periodic" retreats and meetings to be conducted at the
Lower Building as follows:
1. Purchaser envisions weekend retreats of overnight attendees to commence early
Friday afternoon and ending on early Sunday afternoon. Maximum attendees at
the Lower Building would be between eight (8) to a maximum of twenty-five (25)
attendees.
2. Purchaser envisions the Lower Building to also be used three to four times a week
for day classes and meetings of attendees of no more than twenty-five (25).
3. Purchaser envisions that there could possibly be week or longer retreats once or
twice a year of no more than twenty-five (25) attendees for priest, seminarians, or
people considering being seminarians.
Document!
EV. OIR.
Backe:round
OWner. The Property is owned by Marianist of the United States, a Missouri nonprofit
corporation, surviving corporation and successor in interest to the Marianist Province of
the Pacific, a nonprofit ("Seller" or "Marianist").
Purchaser. The Purchaser is under contract to purchase the Property from Seller.
Prooertv. The Property includes approximately 4.65 acres, consisting of:
Parcel One APB 342-22-107
Parcel Two APN 342-21-020
Parcel Three APN 342-22-070
(approx. 187,308 sq. ft.)
(approx. 13,068 sq. ft.)
(approx. 2,178 sq. ft.)
Copies of the Pages 21 and 22, Book 342 of the Official Records of the Santa Clara
County Recorder, showing Parcel One and Three, and Parcel Two, respectively, are
attached as Exhibits "A" and "B". Note that APN 342-22-107 was formerly two (2)
Assessor Parcels Nos. (No. 342-22-069 and No. 342-22-020) and were combined by the
Santa Clara County Assessor in July 2004.
Structures. Two structures are located on the Property, totaling approx. 20,877 sq. ft.
A three (3) story Provincialate Building, approximately 11,244 sq. ft. is situated on the
upper portion of the Property ("Upper Building"), and on the Villa St. Joseph Facility, a
(2) two story structure of approximately 9;633 sq. ft. is located on the lower portion of
the Property ("Lower Building").
Zonin2. The Property is currently designated BQ - Quisi-Public Building Zone District
to accommodate government, public, educational, religious, community service,
transportation, or recreational facilities under Section 19.64.040 of the Cupertino
Municipal Code. Applicable conditional allowed use in the BQ Zone District under
Section 19.64.050 of the Cupertino Municipal Code, subject to the issuance ofa
conditional use permit issued by the Planning Commission, include the following
relevant paragraphs:
B. Religious, civic, and comparable organizations, for uses restricted to
church buildings, community halls, administrative buildings, schoolrooms,
recreational facilities, and atWetic fields, convents, seminaries, and similar uses
customarily associated with churches, including parking and landscaping areas;
C. Child care facility, residential care facilities, congregate residence,
hospitals, vocational and specialized schools.
A portion of the Zoning Map of the City of Cupertino, showing the Property and
surrounding real property is attached as Exhibit "c" hereto.
Traffic. The Property is accessible from Interstate Highway 85 and Interstate
Highway 280. The primary commercial streets to the Property are Stevens Creek
Boulevard to the north and De AnzaBoulevard to the east. The Property has two (2)
access roads from S. Foothill Blvd. (Stevens Canyon Road) - (i) via San Juan Road for
the Upper Building and (ii) via Santa Lucia for Lower Building. A map is attached as
. Exhibit "D" hereto for convenience and reference.
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Upper Duildin2
(provincialate Building)
Structure. The Upper Building is a rectangular shaped building with two (2) floors of
offices and residence rooms, and a partially built-out basement level. In addition to a
'large living room, dining room, commercial kitchen, chapel, conference room, library,
and a laundry room, the Upper Building has twenty-nine (29) rooms. The square footage
and number of rooms by floors are as follows:
Permitted Uses. The Upper Building was approved by the County of Santa Clara and
constructed by the Marianists prior to the 1972 annexation of the Property by Cupertino.
The structure of the building and its uses (described below) have not changed since its
ini~ita1 development and now constitute a "legal nonconforming use". According to a
Cupertino Planning Staff Memorandum related to the CUPs, the Property was zoned BQ
in 1972, and at such time the Upper Building was pre-existing. Colin lung has confirmed
there is no existing conditional use permit for the Upper Building
Existin2 Uses. The legal nonconforming use of the Upper Building has been and
currently is the western residence for the Marianist (housing permanent residence and
members of the Marianist in transit to various assignments), administrative headquarters
for,the Marianist, and retreat facility. The Marianist currently uses the Upper Building as
religious residential facility and administrative offices used by both lay persons (who do
not live at the residences) and Marianist. The Upper Building has been also used for
religious retreats and instructional meetings, and has been used for off-site meetings by
the staff of the City of Cupertino.
Proposed Uses. Purchaser would like to maintain the legal nonconforming use and use
the Upper Building as its Western residence for up to twenty five (25) religious priests
and brothers of the Legionaries of Christ and administrative provincial offices consistent
with the current use of the Marianist.
Traffic. Purchaser anticipates its proposed use of the Upper Building will equal or be
less than the current traffic activity. Unt~l several years ago, Seller had as many as eleven
(11) automobiles at the Property. Initially, Purchase would have approximately five (5)
automobiles and will likely have less than ten (10) automobiles in the future. Given the
intended use by Seller will be virtually identical to the current use, Purchaser reasonably
believes the traffic will decrease from the historical automobile highs of Seller due to
fewer cars and not having lay employees at the Upper Building. '
Parking. The Upper Building has an adjacent parking lot for ap,proximately fourteen
(14) cars, including one (1) handicap parking space. ork'. -:1007 - J~OV''''L
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Lower Buildinsz
(Villa St. Joseph Facility)
Structure. The Lower Building is an irregular-shaped, two (2) story residential housing
facility. In addition to a chapel, large dining room, community room, commercial
kitchen, and 2nd laundry room, the Lower Building has sixteen (16) bedrooms rooms.
The square footage and number of rooms by floors are as follows:
Floor SQuare No. of Other
. Footage Bedrooms Rooms
1 st 4,030 sq. ft. ten (10) kitchen, dining
room, chaoel
2na 5,603 sq. ft. six (6} laundry, community
room
Total 9,633 sq. ft. Sixteen (16)
Conditional Use Permit. Cupertino Planning Commission adopted CUP 5-U-72 on
April 1 0, .1972 under Resolution No. 1052, allowing a maximum of ten (10) residents at
the Lower Building, and subsequently adopted 2-U-89 on March 13, 1989 under
Resolution 4144 in connection with a 4,000+ sq. ft. dormitory addition to the Lower
Building, allowing a maximum of fifteen (15) residents plUs one live-in staff member
(approximately 480 residential hours per month).
Existinsz Uses. Consistent with the Lower CUPs, Marianist currently uses the Lower
Building for residential housing, including assisted living, limited to 16 bedrooms.
Proposed Uses. Purchaser desires to use the Lower Building as religious retreat center,
religious education classes, administrative offices, and residential care facility. Religious
retreats and meetings would be periodic; generally on the weekends. Some visitors will
not stay overnight. The current 7-days-a-week, higher use, intensive use of the Marianist
would change to less frequent use of periodic retreats and educational seminars.
Maximum attendees would be thirty (30) attendees. Residential hours per month would
normally be approximately 240 residential hours per month, less than the existing use.
Traffic. Purchaser reasonably believes the traffic related to the Lower Building would
likely decrease from the current use for the following reasons:
A. . The current assisted living and critical care require a constant labor force,rotating
on a 24 hour, 7 days a week schedule rather than the envisioned intermittent labor
of a cook, maintenance or caterer.
B. The use would be periodic, rather than the current constant use seven days per
week. The attendees of periodic retreats, classrooms and seminars would
generally travel during non-peak, non-commuting hours.
C. Retreat and seminar attendees historically carpool or share transportation because
they come from definable groups and parishes.
Parkine:. The Lower Building has parking for approximately fifteen (15) cars, including
one (1) h~dicap parking space, with expansion possibilities offive (5) additional parallel
parking space and approximately two (2) potential parking spots could be paved.
Parking Ratio would be 1.875 seats per parking space (Le. thirty (30) seats/attendees
divided by sixteen (16) rooms). This amount of parking space is well within the four (4)
seats per one (1) parking space ratio specified for churches and lodges in a BQ Zone in
the Cupertino Municipal Code Table 19.100.040-A.
Given the nature of the current use of a maximum of thirty attendees the Purchaser
believes that a fifteen parking spaces, with a potential for an additional five plus parallel
spots, In addition, the Upper Building Parking lot would be sufficient to preclude spill-
over parking into the neighborhood.
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Exhibit "c"
Zoning Information.
Below is a cut out of the Zoning Map City of Cupertino with the yellow balloon
identifying the Property:
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Exhibit "D"
Traffic Information
Below is a MapQuest of the immediate area around 22840 Mercedes Road.
CUDertino. CA 95014:
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The Upper Building is accessed from S. Foothill Blvd. via San Juan Road as
follows:
Continue on FOOTHILL BLVD go 1.3 mi 14.3 mi
Continl,le on STEVENS CANYON RD go 0.2 mi 14.5mi
IGHT on SAN JUAN RD go 0.4 mi 14.9 mi
The Lower Building is accessed from S. Foothill Blvd. via Santa Lucia Rd and
Mercedes Road as follows:
RIGHT on ALCALDE RD go 0.2 mi 14.4 mi
LEFT on SANTA LUCIA RD go < 0.1 mi 14.4 mi
RIGHT on CORDOVA RD go 0.1 mi 14.5 mi
RIGHT on MERCEDES RD go 0.1 mi 14.6 mi
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DIREe10Rk"S APPROVAL
DATE: _ -iB -()7
SIGNATURE: ~#
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