Z-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: Horne of Chrrst Church expansion proposal
At its Octol�er 18, 2011 meeting, the Cupertino City Council took the following action:
Adoptec� the Negative Declaration and Resolution No. 11-181 for GPA-2011-01; conducted the
first reaciing of Ordinance No. 11-2083 which
a) Repeals certain conditions referenced in Ordinance No. 360: # 13, # 14, # 15, and # 19
found in Planning Coinmission Resolution No. 406 and Planning Cominission
Resolution No. 409 in its entirety; and
b) Modifies Exhibit "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-
O 1; 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 COMMtJNITY 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 accormnodating the parking demand of the
existing Home of Christ Church and its proposed expansion 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
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 easeinents against 10340 and 10420 Bubb Road. Easeinents 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. Agreeinents 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 may be amended by the Conditions contained in the Resolution.
Unless amended during Council action, the Use Permit 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 inay be ainended 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. Tl�e 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 staiutes, 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 caxe facility including day care centers, ernployer-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
Si,ulday 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 amount of such fees, a�id a description of the
dedications, reservations, and other exactions. You are hereby fiu ther notified that the 90-day
approval period in wluch 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 a11 of the requirements of Section 66�)20, you will be legally barred
from later challenging such exactions.
__ _ 5. _ PREVIOUS USE FOR CHt7RCH USES _ ____ _ _ __ _ - - - --- _ ..
The use pemut for 10340 Bubb Road, file no. 10-U-93, and its modification file no. 10-U-
93(modified), are both voided 'ui their entireiy.
Unless amended during Council action, the Zoning conditions are as follows:
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. APPROVED EXHIBITS
The recoinrnendation 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�ts of project approval set fortlt Iterei�z �nay include certar.�z fees, dedication
requireme�zts, reservation requirements, and otlter exactions. Pursuant to Government Code
Sectioiz 66020(d)(1), these conditio�zs co�zstitute written notice of a statemenf of the amount of
sucli fees, a�zd a description of tlze dedications, reservations, and otlaer exactions. You are
liereby furtlzer notified tlzat tlze 90 approval period in. wlticlt you nzay protest tlzese fees,
dedicatio�is, a�id otlzer exactio�ZS, pursuant to Gove��nnzent Code Section 66020(a), lias begu�z. If
you fail to file a protest withifz tlzis 90-day period complying wit/z all of the �•equirements of
Section 66020, you will be legally barred from later c/iallenging suclz exactio�zs.
Any interested person, including tlie applica�zt, prior to seeking judicial review of the city
cou�zcil's decision in tlzis nzatter, nzust first file a petition for reco�zsideration with tlze city clerk
witlzin ten days after tlie cou�zciPs decisio�z. Any petition so filed �nust comply tivitlz »zu�ticipal
o�•dinance code �2.08.096.
This letter will serve as your final Permit.
Sincerely,
k �'
i �--- l,/ `-
Grace Schmidt
Deputy City Clerk
cc: Community Developinent
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 -
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CUPERTINO, C,4 �� � � � �' � G � � �� � PALO ALTO, CA 94306 FA�'; (650) 887-0321 ,
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�XHiBIT 'r��'
L�GAL DESCRIPT101V
P,�.RCEL 01��:
� i�ll o� I'af�cel "B" as sho�Jvn on t��at ceRain t��a� c-nfis�led "Pat�cel (��ap, Consisfing or'
�n� (�) Sheet, Cit�� of Cupertino, Caliiamia", �n�hich Map ����as f+led for record in
the Oific� of fhe (�ecordcr oi' flie County of Santa Clara, State of California oi�
J�n��ary 20, 1972 in Boolt 295 of ��laps a.t Page 42, �,;
Cont�ining an �.rea or' �.6�2 �cr�s, «�ore or less.
PP,RCE� TWO: -
A poi�ion of the withi�i Bubb Road as sho��+n on tl�at certain Ma� entiti�ed "Parcel
Map, Consisting of Oi1e (1) Sheet, Ciiy of Cupertino, California", wliicl7 Map v�as i
filed far record in th� O�ce of the Recorder of ihe Gounty o# Sania Clara, State
of California on Janu�ry 20, 1972 in Book 295 of Ma��s at Page �7_, more
part�cularly ��scribed �s fol)Q�n�:
Sfarting irom a p�infi at the south�rly corner of Parcel "B" as siiovvr� on Said Map,
said poii�t is on the easterly line of Bubb Road thence northerly along Bub1�
Road on a curve ta the left, th� tangent at the beginniiig of cutve L�e�rs �orth
8°10'32" East, with � radius of 537.00', � centr�l angie of 23°37'15", and a cu�ve
" disfiance ofi22�.38' to �he vdesterl}� cornEr of Parcel "D°; thence Souti� 71°Q1'5�" !
Wesfi, 3 �.OS' to a point on the �cen#er line of Bubb Road; thence souti�erly �long
the c�nt�r lii�� of �ubb Road on a cun�e to the righf, fhe tangent at the beginning
or curve bears South 15°1 �'03" East Wlth � I'�C�IL15 Of JOO ,00', a c�nir�l angle c�f �
25°33'20", and a cu�ve distance of 223,02'; fhence P�lorth 71°01'S�" East, 4�.99'
to fhe poinfi on beginning. '
Containing an area of D:�89 ac►-es, more or less, i
- _ __ -_------- --__ - _
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Date
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ORDINANCE N0.11- 2084
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
REZONING A PARCEL OF 1.612 ACRES AND ITS FRONTING HALF-STREET
OF 0.189 ACRE LOCATED AT 10340 BUBB ROAD, APN 357-20-019
WHEREAS, an application was received by the City (Application no. Z-2011-01) for the
rezoning of a property from BQ (Quasi-Public Building) to ML-rc (West Valley Light
Industrial); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, a map of the subject property is attached hereto as Exhibit A, as a proposed
amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibits A& B, are hereby rezoned
to:
ML-rc (West Valley Light Industrial); and that Exhibit A attached hereto is made part
of the Master Zoning Map of the City of Cupertino; and
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino
the 18th day of October, 2011 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the day of , 2011, by the following vote:
Vote: Members of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
G: � Planning � PDReport � ORD � Z-2011-01 ord.doc
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THE BEARING, N18'58'09 W, OF THE CENTER LINE J`" '� � G �
L GEND BUBB ROAD, AS SHOWN ON THAT CERTAIN MAP ._ �
FILED IN THE OFFICE OF THE RECORDER OF SANTR �
------- PROPERTY �INE CLARA COUNIY, STATE OF CA�IFORNIA, IN BOOK Ex . 12 31 11 *
295 OF MAPS AT PAGE 42, WAS USED AS THE N0. L8235
------------ EASEMENT LINE gASIS OF BEARINGS SHOWN ON THIS MAP. s �' C'�
- CENTER LINE qTF OF CP�-�
EXHIBIT "A", 2625 MIDDLEFIELD RD #658 TEL: (650) 823-b466
)03�#o BUBB ROAD W E � ppl,0 ALTO CA 94306 FAX: 650 887-0321
CUPERTINO CA $ A S S O C 1 A T E S , � �
EXHIBIT '�$�`
LEGAL DESCRIPTI�N
PARCEL ONE:
�111 of Parcel "B" as shown on that certain Map entitled "Parcel Map, Consisting of
4ne (1) Sheet, City of Cupertino, California", which Map was filed for record in
the 4ffice of the Recorder of the County of Santa Clara, State of California on
January 20, 1972 in Book 295 of Maps at Page 42.
Containing an area of 1.612 acres, more or less.
PARCEL TWO:
A portion of the within Bubb Road as shown on that certain Map entitled "Parcei
Map, Consisting of One (1) Sheet, City of Cupertino, California", which Map was
fited for record in the Office of the Recorder of the County of Santa Clara, State
of California on January 20, 1972 in Book 295 of Maps at Page 42, more
particularly described as follow:
Starting from a point at the southerly corner of Parce! "B" as shown on Said Map,
said point is on the easterly line of Bubb Road; thence northerly along Bubb
Road on a curve to the left, the tangent at the beginning of curve bears North
8°10'32" East, with a radius of 537.00', a central angle of 23°37'15", and a curve
distance of 221.38' to the westerly corner of Parcel "B"; thence South 71°01'S1"
West, 37.08' to a point on the center line of Bubb Road; thence southerly along
the center line of Bubb Road on a curve to the right, the tangent at the beginning
of curve bears South 15°11'�3" East, with a radius of 500.00', a centrai angle of
25°33'20", and a curve distance of 223.02'; thence North 71 °01'S1" East, 41.99'
to the point on beginning.
Containing an area ofi 0.189 acres, more or less.
End of description. � �R H S,�,
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Z� C11
Date
Z-2011-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6663
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE RE-ZONING OF ONE LOT OF 1.80 ACRE, CONSISTING OF ONE
PROPERTY AND ITS HALF-STREET FRONTAGE FROM "BQ (QUASI-PUBLIC BUILDING)"
TO "ML-rc (WEST VALLEY INDUSTRIAL PARK)" LOCATED AT 10340 BUBB ROAD,
APN 357-20-019.
SECTION I: PROTECT DESCRIPTION
Application No.: Z-2011-01 (EA-2011-02)
Applicant: City of Cupertino
Location: 10340 Bubb Road (APN 357-20-019)
SECTION II: FINDINGS FOR REZONING
WI-iEREAS, the Planning Commission of the City of Cupertino received an application for the
rezoning of property, as described on 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
WHEREAS, the Planning Commission finds that the subject rezoning meet the following
requirements:
1) That the rezoning is in conformance with the proposed General Plan of the City of
Cupertino.
2) That the property involved is adequate in size and shape to conform to the new zoning
designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject parcels.
5) That the rezoning promotes the orderly development of the city.
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 application no. Z-2011-01 is hereby recommended for approval; 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 Z-2011-01, as set forth
in the Minutes of the Planning Commission Meeting of October 11, 2011 and are incorporated
by reference herein.
Resolution No. 6663 Z-2 October 11, 2011
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A: Zoning Plot Map, and Exhibit B:
Legal Description.
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
G:\Planning\PDREPORT\RES\2011\Z-2011-01 res.doc
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LAND
SCALE: 1'�=100� BASIS OF BEARINGS: ��.� �tAN ��'�p�
FEB 4, 2011 , „ � ♦' F
THE BEARING, N18'58 09 W, OF THE CENTER LINE ��' '� � G�
�EGEND BUBB ROAD, AS SHOWN ON THAT CERTAIN MAP . .� �
FILED IN THE OFFICE OF THE RECORDER OF SANTQ �
------- PROPERTY LINE CLARA COUNTY, STATE OF CALIFORNIA, IN BOOK Ex . 12 31 11 *
295 OF MAPS AT PAGE 42, WAS USED AS THE N0. L8235
------------- EASEMENT LINE gASIS OF' BEARiNGS SHOWN ON THIS MAP. sr c` �P
----- CENTER LINE qT F OF CA��F��
EXHIBIT "A", 2625 MIDDLEFIELD RD #658 TEL: (650} 823-6466
)c3�Q BUBB ROAD W' E C
c t� E x� o, c A � A► S S O C I A T E S PALO ALTO, CA 94306 FAX: (650) 887-0321
� EXHIB(T "�,u
LEGAL DESCRIPTION
PARCEL ONE:
��All of Parcel "B" as shown on that certain Map entitled "Parcel Map, Consisting of
. One (1) Sheet, City of Cupertino, California", which Map was filed for record in
the Office of the Recorder of the County of Santa Clara, State of California on
January 20, 1972 in Book 295 of Maps at Page 42. �,,,
� Containing an area of 1.612 acres, more or less.
PARCEL TWO:
A portion of the within Bubb Road as shown on tha# certain Map entitled "Parcel '
Map, Consisting of One (1) Sheet, City of Cupertino, California", which Map was �
filed for record in the 4ffice of the Recorder of the County of Santa Clara, State ,
of California on January 20, 1972 in Book 295 of Maps at Page 42, more '
particularly described as follow:
Starting from a point at the southerly corner of Parcel "B" as shown on Said IVlap,
said point is on the easter�y }ine of Bubb Road; thence northerly along Bubb
Road on a curve to the left, the tangent at the beginning of curve bears North
8°10'32" East, with a radius of 537.00', a central angle of 23°37'15", and a curve
distance of 221.38' to the westerly corner of Parcel �B"; thence South 71 °01'51"
Wesfi, 37.08' to a point on the center line af Bubb Road; thence southerly along
the center line of Bubb Road on a curve fio the right, the #angent at the beginning �
of curve bears 5outh 15°11'03" East, with a radius of 500.00', a centrai angle of �
25°33'20", and a curve distance of 223.02'; thence North 71 °01'51" East, 41.99'
to the point on beginning. '
Containing an area of 0:-189 acres, more or less. '
�'�Arvv
End of description. � ���,�� R,qN � �,�
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