DIR-2015-24b \ �
CITY OF CUPERT'INO
10300 Torre Avenue, Cupertuzo, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Aarti Shrivastava,Assistant City Manager�
Prepared by: Erick Serrano, Assistant Planner
Date: October 29, 2015
Subject: Director's Minor Modification, DIR-2015-24, to a previously approved Use Permit (U-
2003-11) to allow an interior expansion to an existing church, located at 10455 Bandley
Drive.
Chapter 19.164 of the Cupertino Municipal Code allows for adininistrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Corrunission u1 time to allow an appeal of d1e
decision within fourteen calendar days.
BACKGROUND
The applicant, johnson Lex, representing Chinese Church in Christ, is requesting approval to
allow a 7,444 square foot expansion of the Church within the existulg church building. The
planned expansion will occupy the area occupied formerly by a swim facility.
DISCUSSION
The proposed expansion is to accominodate existing activities at the Church. Based on the
project description provided by the applicant, the expansion is to accommodate spaces for
offices, meeting rooms, and larger game/activity rooms to allow prograininulg activities
currently provided by the Church to contulue. No expansion is proposed or ap�roved for d1e
existuzg pre-school on the site.
As part of the original use permit (U-2013-11), a Condition of Approval (COA) was placed on
the project to limit the number of participants to 500 without amending the use perinit due to
concerns about parking. Currently, the peak Ievel of occupants for the Church is 400, therefore
this expansion does not impact the previous conditions of approval.
ACTION
The Director of Community Development deems the modification minor and approves dze
project with the following coilditions of approval:
l .
� �
DIR-2015-24 10455 Bandley Drive Page 2
1. APPROVED EXHIBITS
Approval is based on exhibits titled: "CICIC INTERIOR AL:TERATION 10455 BANDLEY
DR. CUPERTINO, CA. 95014," prepared by David Y. F. Perng, received October 26, 2015
consisting of (3) sheets labeled "A-1, A-2, A-3, except as may be amended by the conditions
contained in this resolution.
2. WASTE TRIO SET
Applicant or property owner must install one permanently mounted waste trio set designed
for outdoor use pursuant to Section 9.16.040(E) CMC adjacent to the business near the
sidewalk for public use and patrons of the facilify. The trio must be shown on a site plan for
advance review by the Enviroi�unental Programs Division. See example of trios at
www.cupertino.org/nowaste
3. STORM DRAIN INLET MARKERS
All storm drain ullets on the parcel must be clearly marked with "No Dumping Flows To
Creek" Pursuant to Section 9.18.210(4)(A) CMC. See example of drain i_nlet markers at
www.cupertuzo.org/nowaste.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
inisrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
5. INDEMNIFICATION
To the extent permitted by law, the applicant shall indexnnify and hold harinless the City, its
City Council, its officers, employees and agents (the "indeinriified parties") from and
against any claim, action, or proceedulg brought by a third party against the indexnnified
parties and the applicant to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
Cify its actual attorneys' fees and costs incurred u1 defense of the litigation. The applicant
and City shall use best efforts to select mutually agreeable legal counsel to defend such
action, and the applicant shall pay all compensation for such legal counsel, following the
applicant's receipt of invoices from City, together with reasonable supportuzg
documentation. Such compensation shall uzclude reasonable compensation paid to cowlsel
not otherwise employed as City staff and shall include City Attorney time and overhead
costs and other City staff overhead costs and any costs directly related to the litigation
reasonably incurred by City. If the applicant and the City cailnot uz good faith agree on joult
coLuzsel, the City shall have the right to retain counsel of its own choosing, separate from the
applicant's litigation counsel.
6. NOTICE OF FEES, DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
--�
DIR-2015-24 10455 Bandley Drive Page 3
The Conditions of Project Approval set forth hereul 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 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
challengulg such exactions.
This approval of the modification is effective October 29, 2015. The fourteen calendar day
appeal period will expire on November 12, 2015.
CC: Sam Lu1, 1228 Dresden Way,San Jose, CA 95129
David Perng,Professional Design, 10268 Bandley Dr. #102, Cupertino, CA 95014
Enclosure:
Plan Set
Parking Study
Project Description
G:\Planning\PDREPORT\DIRreports\2015\DIR-2015-24.doc
�`
I� EXAGON TRANSPORTATION CONSUITANTS, INC.
►� �
August 31, 2015 � i� ��� ��
Mr. Erick Serrano �p -� �
Assistant Planner � �%���ir�
City of Cupertino ���j�i.
10300 Torre Avenue
Cupertino, CA 95014
Re: Parking Study for the Church at 10455 Bandley Drive, Cupertino
Dear Mr. Serrano:
Hexagon Transportation Consultants, Inc. has completed this parking study for existing CCIC at
10455 Bandley Drive, Cupertino. The purpose of this study is to determine whether the parking
supply of 158 parking spaces is sufficient to accommodate the existing church.
According to the Church's schedule of activities, Friday nights and Sunday mornings are busy.
Other times of the week have very low usage. Hexagon conducted counts of the vehicles parked
in the church parking lot on Friday August 21, 2015 between 7:00 PM and 10:00 PM and Sunday
August 23, 2015 between 9:OOAM and 12:00 PM. Those are the hours when parking demand was
expected to be greatest. The counts were conducted every 30 minutes throughout the 3-hour
period of the two days surveyed. The results of the parking occupancy survey are summarized
below in Table 1, which presents the total number of occupied parking spaces for each 30 minute
interval.
The parking demand peaked at 133 vehicles at 12:00 PM on Sunday, August 23, 2015. Since the
last Sunday service time is 11:00 AM, parking occupancy will decrease following that service. The
highest occupancy level 84% was contained within the existing parking lot. There was no spillage
into other parking lots on either the North or South side of the church.
Table 1
Existing Parking Occupancy Survey
. . . . . . . . . . . . . .
: � . . - : � . . -
- . . - . . . • .
19:00 43 9:00 8
19:30 74 9:30 56
20:00 85 10:00 104
20:30 $6 10:30 107
21:00 55 11:00 116
21:30 26 11:30 131
22:00 19 12:00 133
4 North Second Street, Suite 400• San Jose, California 95113• phone 408.971.6100• fax 408.971.6102• www.hextrans.com
Mr. Erick Serrano
August 31, 2015
Page 2 of 2
We appreciate the opportunity to submit this report. Please do not hesitate to contact us if
additional information is needed.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
� Gary K. Black
President
3,.� /_ '
Project description for Chinese Church in Christ- Cupertino Alteration Project
Chinese Church in Christ-Cupertino (CCIC-Cupertino) plans to convert the soon-to-expire leased
swimming school space back to the original permitted condition-primarily offices and activity rooms.
The modified area is approximately 7000 square feet, and will be planned for offices and meeting rooms
for the staff and consultations,as well as large game/activity rooms in order to accommodate the
Children Awana program game time activity.There will be no exterior modification, with the exception
of required exit door and emergency egress as required by building codes.
Church does not anticipate increasing the headcounts by occupying these spaces, and CCIC-Cupertino
shall continue to operate the same operation hours as described in the original Conditional Use permit
granted in November 2003. We maintain sufficient onsite parking space (165 parking spaces), should the°
parking becomes an issue in the future, a new parking agreement with adjacent property owners shall
be set up and reviewed and approved by the Director of Community Development.
CCIC-Cupertino's congregation size is about 250 adults and 150 children; we forecast the increase is
approximately 15-20 per year. The church will operate within the approved Use permit occupants of
500 people. Currently we have 320 occupants (220 adults, 100 youth and children)for Sunday service
from 9:30 am to 11:00 am. About 50 adults leave after 11:00 am and 90 adults join 11:00 am services
(60 of them are young adults).
The detail breakdown of hours of operation and Occupant load is attached in the table below.
Hours of #of Existing
Operation Employee Square Occupants Information
Footage
� Monday- closed Adult 220
Tuesday- 8 am to 5 Sunday (9:30-11:00) Children 100
pm Adult 260
Wednesday-8 am Sunday (11:00-12:30)
Children 110
Chinese to 5 pm Monday 0
Church pmursday- 8 am to 5 5 24 000 Tuesday- Friday Adult 5
of � Ad u It 200
Christ Friday- 8 am to 10 .
pm
Saturday- 8 am to 5 Friday (19:30-22:00)
prn Children 200
Sunday- 9 am to 3
pm
Special event:
Name Frequency date Occurrence #of people attending
-3rd Saturday of
Gospel Fellowship once per month every month 50
(6 pm to 9 pm)
Small group fellowship average once Saturday night 30
per month (6 pm to 9 pm)
Gospel outreach meeting once per year Saturday night 200
(6 pm to 9 pm)
Weekly(Sep to Wednesday
Sister Fellowship Mav� Morning 40
(10 am to 12:30 am)
REVISIONS BY
,
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