Reso 4668 48-U-87 (Mod.)
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4668
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO LOCATE IN AN EXISTING SHOPPING CENTER
A DRIVE-THROUGH ESPRESSO PAVILION AND BEGIN HOURS OF
OPERATION AT 5:30 A.M. AT 20640 HOMESTEAD ROAD
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, e�ibits, testimony and other evidence submitted in this
matter, the application for Use Permit Modification is hereby approved subject to the conditions which
are enumerated in this Resolution beginning on Page 2 thereof; and
That the subcunclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application 48-U-87 (Mod.) set forth in the
Minutes of the Planning Commission Meeting of January 8, 1996, and are incorporated by reference
though fully set forth herein.
Resolution No. 4668 48-U-87 (Mod.) January 8, 1996
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 48-U-87 (Mod.)
Applicant: Joseph Franco & Florenc� Franco Trustee
Property Owner: Same
Location: 20580 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
l. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits titled "Drinx Drive-Thru Espresso Bars
20640 Homestead Road, Cupertino, California" and consisting of two sheets numbered AS-1 and
AS-2.
2. DEVELOPMENT ALLOCATION ,
The applicant shall receive an allocation of 240 square feet of the 40,000 square feet of retail
commercial development available for the remodeling and development of major retail centers on
5+ acre sites outside of the Heart of the City and on major arterial streets.
3. HOURS OF OPERATION
The allowed hours of operation shall be from 5:30 A.M. to 11:00 P.M. daily.
4. REMOVAL OF PARKING SPACE �
The parking stall between the north drive-through lane (one nearest Homestead Road) and the
landscaped parking island shall be deleted either through striping or landscaping.
5. SECURITY PLAN
Prior to occupancy permit issuance, the applicant shall prepare a security plan to the satisfaction
of the Santa Clara County Sheriff's Department. All employees shall be trained in security
procedures before beginning work at the site. The security plan shall contain all of the followirag
procedures as stated in the Sheriff's Department letter dated December 26, 1995:
1. The structure sl�all be properly labeled to display that money is in a safe that can not be
opened by the clerk.
2. The structure shall be reasonably secure to forced entry.
3. The structure shall be equipped with a phone (cellular if necessary)
4. All employees shall be trained in how to be a robbery victim and deal with police type
problems including suspicious persons and loiterers.
Resolution No. 4668 48-U-87 (Mod.) January 8, 1996
Page-3-
PASSED AND ADOPTED this 8th day of January, 1996, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Austin, Harris and Mahoney
' NOES: COMMISSIONERS: Roberts azld Chairman Doyle
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: AP V
Robert S. Cowan David Doyl , Ch '
Director of Community Development Cupertino Planning Commission ,
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