Reso 6424 U-2006-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6424
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO EXPAND HOURS OF OPERATION FOR AN EXISTING COFFEE
SHOP(STARBUCKS).
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an applicaHon for a Use Permit,
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;and
3) The proposed development is consistent with the North De Anza Boulevard Special Center area.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the applicaHon 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. U-2006-09 as set forth in the Minutes
of the Planning Commission Meeting of October 10, 2006, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: U-2006-09
Applicant: Steven Hall(Starbucks)
Location: 22390 Homestead Road
SECTION III:CONDITIONS ADMINISTERED BY THE COMMUNTI'Y DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the exhibits submitted by Steven Hall on behalf of Starbucks Coffee for
expanded hours of operation, except as may be amended by the conditions contained in this
Resolution.
Resolution No. 6424 U-2006-09 October 10, 2006
Page 2
I2. HOURS OF OPERATION
Approval is granted to allow the following hours of operation:
Monday through Sunday,5:30 AM to 12:00 AM
3. COMPLAINTS
In the event the City receives a complaint after the establishment of these approved hours of
operation, review of this use permit may be brought back to the Planning Commission for a
hearing to consider addition of mitigation measures that may include reduction of hours of
operation.
4. RECIPROCAL PARKING AND INGRESS/EGRESS EASEMENT
The applicant shall record an agreement to participate in reciprocal parking and ingress/egress
easements between the subject property and the adjacent commercial property, either to the east
(Cupertino side) or south (Los Altos side), subject to the City Attorney's approval and approval
by the City of Los Altos,if required. �
5. SHARED PARKING
The applicant shall enter into a recorded agreement to share parking between the adjacent
commercial properties. The form and content of the agreement shall be reviewed and approved
by the City Attorney prior to recordation.
6. 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 descripHon 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.
PASSED AND ADOPTED this 10th day of October 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chairperson Miller,Vice Chair Miller,Saadati,
Wong,Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APP�ZC)VED� � , .
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Steve Piasecki Marty P�i.�ler, , hair
Directar of Community Development Planning C`�mission
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