TUP-2021-002 Action Letter CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council members
Chairman and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Jeffrey Tsumura, Associate Planner
Date: July 15, 2021
Subject: Director's Temporary Use Permit, TUP-2021-002, to allow for temporary
worship services in the parking lot of Home of Christ Church for a period
of up to six months.
Chapter 19.12.030 of the Cupertino Municipal Code allows for
administrative approval of a temporary use permit, authorizing the use of
a site in any zoning district for a temporary use. The Director reports
his/her decision to the City Council & Planning Commission in time to
allow an appeal of the decision within 14 calendar days.
BACKGROUND
The applicant is requesting a Temporary Use Permit to allow Home of Christ Church to
operate weekend worship services in a portion of the parking lot for a period of up to six
months.
DISCUSSION
The applicant, Grace Wang, on behalf of Home of Christ Church, is requesting approval
to allow a portion of the parking lot for outdoor Sunday worship services for a period of
up to six months, located at 10340 Bubb Road. The proposal is intended to help facilitate
a full transition back to indoor services through the fall due to the state's COVID-19 safety
guidelines. -The property consists primarily of the main church building where English
language services are conducted. The site is bounded by office or industrial buildings to
the north and west, Highway 85 and De Anza College to the east, and an office/church
building to the south at 10420 Bubb Road, also owned by Home of Christ Church. This
permit proposes a designated area within the northern parking structures, closest to the
main building.
The temporary services will utilize the center parking aisle at the rear of the building, up
to 32 spaces of the approximately 96 parking spaces onsite (Attachment A). Two 30'-0"
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10340 Bubb Road Temporary Use Permit Page 2
by 30'-0" tents will be located in the center parking aisles with a total of 70 seats to
accommodate the Sunday service congregation from 9:30 a.m. to 10:45 a.m. The staging
area also includes a check-in station and "social bubbles" for socially-distanced group
gatherings. This outdoor area will be separated from vehicular path of travel with
planters,barriers,and cones,and church personnel will direct vehicular traffic on Sunday
mornings.Outdoor services will replace indoor services and at a smaller capacity through
the validity of this permit.Therefore,no adverse parking impacts are anticipated.Parking
will continue to be accommodated through available onsite parking stalls as well as
offsite next door at 10420 Bubb Road through an existing reciprocal parking agreement,
which has approximately 202 spaces. Chinese language worship services will be held
concurrently next door at 10420 Bubb Road;however,this capacity will also be capped at
150 people during this time.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary use permit to administer health screenings and checkups subject to the
following conditions of approval.
SECTION 1: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROTECT
Approval is based on the following:
a) Drawing entitled "English Outdoor Service—Plan Alpha—v2"
b) Operations Statement
Except as may be amended by the following conditions.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible for verifying all pertinent property
data including,but not limited to, property boundary locations,building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any project data may invalidate
this approval and require additional review.
3. DURATION
The use and all associated equipment shall be removed from the site no later than
6 months after installation, or July 15, 2022, whichever occurs first. The Applicant
shall notify the City when the equipment is installed. A new Temporary Use
Permit with updated justification shall be submitted to the City for review and
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10340 Bubb Road Temporary Use Permit Page 3
approval prior to the Temporary Use Permit expiration.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions set forth shall be attached to, incorporated into, or annotated on
the first page of the building plans.
5. CONSULATION WITH OTHER DEPARMENTS
The applicant is responsible to consult with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements.
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. TEMPORARY STRUCTURES
The proposed temporary structures shall meet all structure, fire, life, safety, and
accessibility standards.
7. INDEMNIFICATION
As part of the application,to the fullest extent permitted by law,the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "proceeding") brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other costs,
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel 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. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys' fees, or costs
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10340 Bubb Road Temporary Use Permit Page 4
awards, including attorneys' fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
8. 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.
This approval of the temporary use permit is effective July 15, 2021. The 14-calendar
appeal period will expire on July 29, 2021.
Attachments
Attachment 1 —Temporary Outdoor Worship Service Plan
Attachment 2—Operations Statement
Attachment 3—Building Division and County Fire Department conditions of approval
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