Reso 6439 M-2006-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6439
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT (U-2005-11) TO ALLOW A COFFEE SHOP
(PEET'S COFFEE & TEA) TO BEGIN HOURS OF OPERATION AT 5:30 A.M. 1N AN EXISTING
COMMERCIAL RETAIL BUILDING
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 applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental
to existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
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 recommended for approval, 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 M-2006-06 as set forth in the Minutes
of the Planning Commission Meeting of January 9, 2007, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: M-2006-06
Applicant: Laura Tomas (Peet's Coffee & Tea)
Location: 22350 Homestead Road
Resolution No. 6439 M-2006-06 January 9, 2007
Page-2-
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for U-2005-11 shall remain in effect, unless in conflict with the
conditions of approval for M-2006-06.
2. HOURS OF OPERATION
Hours of operation shall be 5:30 a.m. to 11 p.m. daily(Monday through Sunday).
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. 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.
PASSED AND ADOPTED this 9th day of January 2007 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 Giefer, Saaddati, Wong, Chien
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST APPROVE �, _
, � _ /
'� � '�,
`�Steve Piasecki Marty hairperson
Director of Community Development Cupertino Planning Commission
g/planning/pdreport/res/2006/M-2006-06