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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
ClTV OF
CUPERJif\lO
OFFICE OF THE CITY CLERK
November 20,2003
Lieng-Tsai Lin, Elder
Chinese Church in Christ
1490 Saratoga Ave.
San Jose, CA 95129
Re: Consider Application Nos. GPA-2003-02, Z-2003-07, U-2003-11, EA-2003-14 for the
Chinese Church in Christ located at 10455 Bandley Drive, APN 326-33-102.
Dear Mr. Lin:
At its November 17, regular meeting, the Cupeliino City Council granted a Negative Declaration,
adopted Resolution No. 03-217, conducted the first reading of the Zoning Ordinance No. 1928,
and approved the application for a Use Permit with amended conditions. The second reading of
the ordinance is scheduled for December 1.
The Use Permit conditions are as follows:
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Chinese Church in Christ,
10455 Bandley Drive, dated September 19, 2003 including sheets SK-O - SK-3 submitted
at the Plmming Commission meeting on November 10, 2003, except as may be amended by
the Conditions contained in this resolution.
2. 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 Govenunent 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 ban-ed from
later challenging such exactions.
Prinlod on Recycled Papor
U-2003-11
Page 2
November 20, 2003
3. OPERATIONAL LIMITATIONS
The applicant is allowed to operate as indicated. In no case shall the participants exceed
500 without amending the use permit. If adjacent properties are utilized for parking, a
pedestrian safety plan shall be approved, which may include crosswalk lighting if
applicable.
. Non-weekend / weekday evening I holiday limit 80 spaces
Defined as:
It Monday - Friday 8:00 AM - 6:00 PM
Leaves at least 50-80 spaces to accommodate vacant office space
. Weekend / weekday evening / holiday limitation 164 spaces
De.fi.ned as:
. Friday nights 6:00 PM - 10:00 PM
. Saturdays and Sundays 9:00 AM ~ 10:00 PM
o Monday - Friday 6:00 PM - 9:00 PM 120 spaces
Allow 500 participants with use permit review, if problems result
4. LANDSCAPING PLAN
A plan shall be approved by the. Director of Community Development for restoration of
landscaping in the rear parking lot, to be installed prior to occupancy. The applicant will
retain an arborist to evaluate the pine trees and suggest measures to cap the size of the trees
and ensure that the trees are healthy and provide a sufficient screen for the adjacent
properties.
5. LIGHTING PLAN
A plan shall be approved by the Director of Community Development for parking lot
lighting, to be installed prior to occupancy.
6. TRASH ENCLOSURE
The trash enclosure at the rear property line shall be demolished and relocated near the
building, to the specifications ofthe Public Works Department.
7. REAR EXITS
To reduce noise impacts on adjacent residences, all but two rear entrances/exits shall be for
emergency purposes. "No parking zones" near the emergency exit doors shall meet the
specifications of the Santa Clara County Fire Department. The parking lot shall be re-
striped to make up for any parking spaces lost to meet those specifications.
8. SIGNAGE
No signs are approved as part of this application. A master sign program consistent with
the City's Sign Ordinance shall be submitted to the PImming Department for review and
approval prior to issuance of building permits. The signs shall be consistent with signage
in the surrounding officelindustrial area.
U-2003-11
Page 3
November 20, 2003
9. REVIEW
The use permit shall be reviewed should complaints be received that there are parking
problems on the site. Said reviews would look at imposing further mitigations including,
but not limited to, parking agreements with adjoining properties, re-striping to add more
parking spaces and/or limitation on the maximum number of participants allowed on the
site to correspond to the existing parking.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRASH ENCLOSURE
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit
Please review 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.
The conditions of project appl"Oval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Govemmellt Code
Section 66020(d)(I), 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, and other exactions, pursuant to Govemment 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
Sectioll 66020, you will be legally barred from later challenging such exactions,
Any interested person, including tlte applicant, prior to seeking judicial review of the city
cowu:U's decision in this matter, must first file a petition for reconsideration with the city
clerk within tell days aftel' the council's decision, AllY petition so filed must comply witlt
municipal ordinance code 92.08.096.
Sincerely:
~~~~
Grace Johnson
Deputy City Clerk
cc: Community Development
Encl: Resolution No. 03-217 and Ordinance No. 1928
RESOLUTION NO. 03-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A
GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM
OFFICE/INDUSTRIALlCOMMERCIALlRESIDENTIAL TO
OFFCE/INDUSTRIALlCOMMERCIALlQUASI-PUBLIC/RESIDENTIAL IN AN EXISTING
OFFICE BUILDING, LOCATED AT 10455 BANDLEY DRIVE.
WHEREAS, the City of Cupertino initiated applications for a General Plan Amendment
as described in this resolution; and
WHEREAS, the necessary public notices were given in accordance with the procedure
ordinance of the City of Cupertino and the City Council has held at least one public hearing on
the matter; and
WHEREAS, the Application No.: GP A-2003-02, request to amend the general plan land
use element.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
that after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for General Plan Amendment, application no. GPA-2003-02 is
hereby approved.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1 ih day of November 2003, by the following vote:
Vote
Members onhe City Council
AYES:
NOES:
ABSENT:
ABSTAIN
Chang, James, Lowenthal, Kwok
None
Sandoval
None
ATTEST:
APPROVED:
Isl Kimberly Smith
Isl Michael Chang
City Clerk
Mayor, City of Cupertino
U-2003-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6217
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO LOCATE A CHURCH IN AN
EXISTING 37,120 SQUARE FOOT OFFICE BUILDING (23,000 SQUARE FEET CHURCH
USE, 14,120 SQUARE FEET OFFICE USE), LOCATED AT 10455 BANDLEY DRIVE
SECTION I: PROJECT DESCRIPTION
Application No(s): U-2003-11 (EA-2003-14)
Applicant: Liang Tsai Lin/ Chinese Church in Christ
Location: 10455 Bandley Drive
SECTION II: FINDINGS FOR USE PERMIT
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
WHEREAS, 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;
2) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW1 THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for Use Permit is hereby recommended for approval,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
Resolution No. 6217
Page 2
U-2003-11
November 10, 2003
That the subconclusions upon which the findings and conditions specified in this resolution
are based are contained in the public hearing record concerning Application No(s). U-2003-11
(EA-2003-14), as set forth in the Minutes of the Planning Commission Meeting of November
10,2003, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on the exhibits labeled Chinese Church in
Christ, 10455 Bandley Drive, dated September 19, 2003 including sheets SK-O - SK-3
submitted at the Planning Commission meeting on November 10, 2003, except as may
be amended by the Conditions contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees1 dedication
requirements1 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
Goverrunent 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.
3. OPERATIONAL LIMITATIONS
The applicant is allowed to go up to 350 participants during the Friday evenings and
Sunday mornings, into the early Sunday afternoon, and up to four (4) times per year.
At all other times, the applicant shall limit the occupancy on site to no more than two
hundred (200) persons. In the event they need to exceed that number, they will need to
come back to the Planning Commission and amend the use permit.
At such time as church attendance exceeds the 165 parking spaces on site
(approximately 350 attendees), either a parking agreement with adjacent property
owners or a parking study documenting the ability of the subject property to
accommodate additional attendees shall be reviewed and approved by the Director of
Community Development. In no case shall the total number of participants exceed 520
without amending the use permit. If adjacent properties are utilized for parking, a
pedestrian safety plan shall be approved, which may include crosswalk lighting if
applicable.
4. LANDSCAPING PLAN
A plan shall be approved by the Director of Community Development for restoration of
landscaping in the rear parking lot, to be installed prior to occupancy. The applicant
Resolution No. 6217
Page 3
U-2003-11
November 10, 2003
will retain an arborist to evaluate the pine trees and suggest measures to cap the size of
the trees and ensure that the trees are healthy and provide a sufficient screen for the
adjacent properties.
5. LIGHTING PLAN
A plan shall be approved by the Director of Community Development for parking lot
lighting, to be installed prior to occupancy.
6. TRASH ENCLOSURE
The trash enclosure at the rear property line shall be demolished and relocated near the
building, to the specifications of the Public Works Department.
7. REAR EXITS
To reduce noise impacts on adjacent residences, all but two rear entrances/ exits shall be
for emergency purposes. "No parking zones" near the emergency exit doors shall meet
the specifications of the Santa Clara County Fire Department. The parking lot shall be
re-striped to make up for any parking spaces lost to meet those specifications.
8. SIGNAGE
No signs are approved as part of this application. A master sign program consistent
with the City's Sign Ordinance shall be submitted to the Planning Department for
review and approval prior to issuance of building permits. The signs shall be consistent
with signage in the surrounding office/ industrial area.
9. FIVE-YEAR REVIEW
There shall be an automatic review of the use permit in five years, and possibly earlier
review should complaints be received that there are parking problems on the site. Said
reviews would look at imposing further mitigations including, but not limited to,
parking agreements with adjoining properties, re-striping to add more parking spaces
and/ or limitation on the maximum number of participants allowed on the site to
correspond to the existing parking.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRASH ENCLOSURE
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Department. Clearance by the Public Works Department is needed prior to
obtaining a building permit.
CITY ENGINEER'S CERTIFICATE OF
ACCEPT ANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
Resolution No. 6217
Page 4
V-2003-I1
November 10, 2003
I hereby certify that the engineering and surveying conditions specified in Section IV of this
Resolution conform to generally accepted engineering practices.
I sl Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 10th day of November, 20031 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Miller, Vice-Chair Saadati and Wong
COMMISSIONERS:
COMMISSIONERS: Chairperson Chen
COMMISSIONERS:
ATTEST:
APPROVED:
I s I Steve Piasecki
Steve Piasecki
Director of Community Development
I s I Angela Chen
Angela Chen, Chairperson
Cupertino Planning Commission
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