TUP-2021-004 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: March 31, 2022
Subject: Director's Temporary Use Permit,TUP-2021-004,to allow for the continued
operations of temporary worship services in the parking lot of Home of
Christ Church at 10340 Bubb Road 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 at
10340 Bubb Road to continue operating weekend worship services in a portion of the
parking lot for a period of up to six months.
DISCUSSION
The original temporary operations under TUP-2021-002 was approved on July 15, 2021
for a period of six months. The permit had effectively expired on January 15, 2022,
although the applicants applied for an extension of these operations on December 10,
2021. No additional changes to the scope, layout, or locations are proposed.
The applicant, Grace Wang, on behalf of Home of Christ Church, is requesting continued
temporary outdoor operations on 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 still intended to help accommodate safe gathering COVID-19 protocol for
worship services as they facilitate a full transition back to indoor services. 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
TUP-2021-004
10340 Bubb Road Temporary Use Permit Page 2
at 10420 Bubb Road,
also owned by Home of
Christ Church. This
permit proposes a
designated area within
the northern parking i
structures, closest to -
e
the main building. -
The temporary services
will continue to utilize
the center parking aisle
i r F
at the rear of the
building, up to 32
spaces of the =�
approximately 96
parking spaces onsite (Attachment 1). Two 30'-0" by 30'-0" tents will continue to 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
is separated from vehicular path of travel with planters, barriers, and cones, and church
personnel will direct vehicular traffic on Sunday mornings. Outdoor services will
continue to replace indoor services and at a smaller capacity through the validity of this
permit.
Per the City's Parking Ordinance, church uses require one parking space per four seats
plus one parking space per employee plus one parking space per special purpose vehicle.
Based on the number of seats and information regarding employees and special-purpose
vehicles provided by the applicant, approximately 24 spaces are required at 10340 Bubb
Road to accommodate outdoor services. Parking will continue to be accommodated
through the remaining 64 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 continue to be held concurrently next
door at 10420 Bubb Road;however, this capacity will also be capped at 150 people during
this time.
Staff received no concerns or complaints from these operations during the operations of
the original TUP, and no new adverse parking or site impacts are anticipated with the
extension. Sufficient parking can still be fully accommodated onsite despite the 32 spaces
utilized for outdoor services. As the temporary outdoor services are located to the rear of
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10340 Bubb Road Temporary Use Permit Page 3
the site behind the church building, visual impacts along the right of way are still not
anticipated. Additionally, the reduced service capacity should result in total trips to and
from the site. The Building Division, Public Works Department, and County Fire
Department have reviewed the outdoor operations for safety of temporary structures,
electrical connections, and site circulation.
ACTION
The Director of Community Development deems this application as minor, and approves
the temporary use permit to conduct continued outdoor worship services subject to the
following conditions of approval.
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED PROTECT
Approval is based on the following:
a) Drawing entitled "English Outdoor Service Plan"
b) Outdoor Worship Service 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 October 1, 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
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
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10340 Bubb Road Temporary Use Permit Page 4
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
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,
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10340 Bubb Road Temporary Use Permit Page 5
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 March 31, 2022. The 14-calendar
appeal period will expire on April 14, 2022.
Attachments
Attachment 1 -Temporary English Outdoor Worship Service Plan
Attachment 2-Outdoor Worship Services Operations Statement
Attachment 3-County Fire Department conditions of approval
P:\5. Staff Reports and Resolutions\DIR-TUPreports\TUP REPORTS\2021\TUP-2021-004.docx