U-1985-29(M)b
CITY OF
CUPERJINO
City Hall
10300 Torre A venue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Website: www.cupertino.org
OFFICE OF THE CITY CLERK
January 20, 2000
First Baptist Church of Cupertino
10505 Miller Avenue
Cupertino, CA 95014
RE: APPEAL OF PLANNING COMMISSION'S APPROVAL OF APPLICATION 29-U-85(M),
FIRST BAPTIST CHURCH, 10151 HOWARD COURT
At their January 18, 2000, regular meeting, the City Council gave the following action on the above-
stated item:
· Approved the application per PC Res. 5090, with condition 4 amended to change the title to
USE RESTRICTIONS, and to read, "... who is not the pastor of the abutting church, then the
use of this property shall be reviewed by the Planning Commission.
Restated conditions administered by the Community Development Department are as follows:
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "Proposed Residential Development, 10151 Howard
Ct., Cupertino, CA" consisting of two sheets labeled A-I and A-2 and dated 9/1/99 and revised
9/29/99, except as may be amended by conditions contained in this resolution.
2. RELOCATION OF THE MCCUBBIN HOUSE
The applicant is authorized to relocate the McCubbin House to another residential lot either
inside or outside of Cupertino.
3. USE LIMITATIONS
The new parsonage, approved by this use permit modification, shall be occupied for residential
purposes only by the current pastor and his family or a future pastor and his family.
4. RESIDENTIAL BELOW MARKET RATE REQUIREMENT
Since the new parsonage is linked to a 9-10t residential subdivision approved under file no. 5-
TM-98, in the event that the parsonage and associated land is subdivided and sold or the
parsonage is rented to another party who is not the pastor of the abutting church, then the use ~
rCl~tal oftl:1@ pan;'.Jnage gRaIl s€ gyb:j@(;;t to the Cit~"g Belo\" Harket Rat~ Hgyging r~ql;!irementg.
of this property shall be reviewed by the Planning Commission.
P/jjlled on Recycled Paper
First Baptist Church of Cupertino
Page 2
January 20, 2000
5. 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 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.
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 expiration date for the use permit is January 18, 2002. (Section 6.4 of Ordinance No. 652 as
revised by Ordinance No. 1136).
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservatiOlt 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 wlzich you may protest these fees, dedications, 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.
Any interested person, including the applicant, prior to seeking judicial review of the city council's
decision ilt this matter, must first file a petition for reconsideration with the city clerk within ten
days after the council's decision. Any petition so filed must comply with municipal ordinance code
92.08.096.
Sincerely,
Marie Preston, Administrative Clerk
City Clerk's Office
cc: . Community Development Department
Mike Chen
CUPERJINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Department
December 14, 1999
Pastor Baker
First Baptjst Church of Cupertino
10505 Miller A venue
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 29-U-85(M)
This letter confirms the decision of the Plaillling Commission, given at the meeting of
December 13,1999 approving a use permit modification to relocate a single family
residence (McCubbin House) and construct a new one, according to the enclosed copy of
Planning Commission Resolution No. 5090.
Please be aware that if the permit is not used within two years, it shall expire on
December 13, 2001.
Also, be aware that an appeal of this decision can be made within 14 calendar days of the
decision. If this occurs, you will be notified of a public hearing which will be scheduled
before the City Council.
Sincerely,
G-t/}-O
Colin Jung
Community Development Department
Enclosures
Resolution No. 5090
c: Mike Chen,. Architect
g:/planning/post hearing/action letter29uS5m992
Printed on Recycled Paper
29-U-85(M)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5090
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO RELOCATE AN
EXISTING PARSONAGE, THE MCCUBBIN HOUSE AND BUILDING A
NEW PARSONAGE AT AN EXISTING CHURCH AT 10151 HOWARD COURT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, 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.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Pern1it is hereby denied; 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. 29-U-85(M) as Set forth in the
Minutes of the Planning Commission Meeting of November 8, 1999 and December 13, 1999, and are
incorporated by reference though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
Resolution No. 5090
29-U-85(M)
First Baptist Church of Cupertino
First Baptist Church of Cupertino
10151 Howard Court
29-U-85(M)
December 13, 1999
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set titled: "Proposed Residential Development, 10151 Howard Ct,
Cupertino, CAn consisting of two sheets labeled A-I and A-2 and dated 911199 and revised
9/29/99, except as may be amended by conditions contained in this resolution.
2. RELOCATION OF THE MCCUBBIN HOUSE
The applicant is authorized to relocate the McCubbin House to another residential lot either inside
or outside of Cupertino.
3. USE LIMITATIONS
The new parsonage, approved by this use permit modification, shall be occupied for residential
purposes only by the current pastor and his family or a future pastor and his family.
4. RESIDENTIAL BELOW MARKET RATE REQUIREMENT
Since the new parsonage is linked to a 9-10t residential subdivision approved under file no. 5- TM-
98, in the event that the parsonage and associated land is subdivided and sold or the parsonage is
rented to another party who is not the pastor of the abutting church, then the sale or rental of the
parsonage shall be subject to the City's Below Market Rate Housing requirements.
5. 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 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.
PASSED AND ADOPTED this 13th day of December 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Harris, Kwok & Stevens
COMMISSIONERS: Corr & Chair Doyle
COMMISSIONERS:
COMMISSIONERS:
Resolution No. 5090
Page-3-
29-U-85(M)
December 13, 1999
ATTEST:
APPROVED:
Isl Robert S. Cowan
Robert S. Cowan
Director of Community Development
Isl David Doyle
David Doyle, Chairman
Cupertino Planning Commission
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:,
10300 Tone Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
City of
C tlpertil10
Community Development Department
Febmary 23, 1999
Stanley Wang
2150 California Street
Mountain View, CA 94040
SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 29-U-85(M)..
This letter confirms the decision of the Planning Commission, given at the meeting of
February 22, 1999 approving a use permit modification to relocate an existing parsonage
and demolish and rebuild a detached garage at an existing church, according to the
enclosed copy of PI arming Commission Resolution No. 5014.
Please be aware that if the permit is not used within two years, it shall expire on Febmary
22,2001.
Also, be aware that an appeal of this decision can be made within 14 calendar days of the
decision. If this occurs, you will be notified of a public hearing which will be scheduled
before the City Council.
Sincerely,
C;!;:n9-u
Community Development Department
Enclosures
Resolution No. 5014
C: First Baptist Church of Cupertino
g:/planningJpost hearing/action letter29u85m99
29-U-85(M)
CITY OF CUPERTINO
10300 T orre Avenue
Cupertino, California 95014
RESOLUTION NO. 5014
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT MODIFICATION TO RELOCATE AN
EXISTING PARSONAGE AND DEMOLISH AND REBUILD A DETACHED
GARAGE AT AN EXISTING CHURCH AT 10525 MILLER AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, 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.
NOW, 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 approved, 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. 29-U-85(M) as Set forth in the
Minutes of the Planning Commission Meeting of February 22, 1999, and are incorporated by reference
though fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
29-U-85(M)
Stanley Wang (First Baptist Church of Cupertino)
First Baptist Church of Cupertino
10525 Miller Avenue
Resolution No. 5014
Page-2-
29-U-85(M)
February 22, 1999
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan sheet tided "Proposed New Garage and Ex. House Photos: Lot 4:
McCubbin House, 10505 Miner Avenue, Cupertino, CA" and labeled sheet 1. The rear porch may
be removed.
2. BUILDING SITE
The approved exhibits depict a rear lot line dividing the McCubbin House from the adjoining
church site. The lot line is inconsistent with the approved tentative subdivision map and is not
approved in conjunction with the subject use permit. The referenced lot line is shown to depict a
hypothetical rear set back relationship.
PASSED AND ADOPTED this 22nd day of February, 1999, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll can vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairman Doyle
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Isl Robert Cowan
Robert S. Cowan
Director of Community Development
/sl David Doyle
David Doyle, Chairman
Cupertino Planning Commission
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