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.05 U-2006-09 Steven Hall CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2006-09 Agenda Date: October 10, 2006 Applicant: Steven Hall (Starbucks) Owner: Jayne Ham Location: 22390 Homestead Road, APN 326-01-027 APPLICATION SUMMARIES: Use Permit for an existing coffee shop (Starbucks) to open at 4 AM and close at 12 AM. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve the Use Permit (U-2006-09) with recommended changes in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Site Area: Parking: Commercial! Residential P (CG) 26,100 square feet (.60 acres) 32 parking spaces Starbucks Tenant SF: Wells Fargo Tenant SF: Total Building SF: 1,571 square feet 4.973 square feet 6,544 square feet Hours of Operation Existing (Starbucks): Proposed (Starbucks): Monday - Sunday, 7 AM to 11 PM Sunday - Thursday, 4:30 AM to 11 PM Friday - Saturday, 4:30 AM to 12 AM Monday - Saturday, 9 AM to 6 PM Sunday, Closed Wells Fargo Bank: Environmental Assessment: Categorically Exempt BACKGROUND: The applicant, Steven Hall, is requesting a use permit to extend the hours of operation for Starbucks Coffee shop located at 22390 Homestead Road on the south side of Homestead Road, east of Foothill Boulevard. Starbucks recently opened at this location after the project site was remodeled earlier this year. The project site consists of one building with two tenants, including Starbucks and Wells Fargo Bank, and is surrounded by single- family residential uses to the north across Homestead Road and retail commercial uses to the east, west and south. :.;---/ U-2006-09 Page 2 October 10, 2006 DISCUSSION: Starbucks is requesting approval to expand its hours of operation from the existing allowable commercial hours of 7 AM to 11 PM, seven days a week, to the following schedule: Sunday through Thursday, 4:30 AM to 11 PM Friday through Saturday, 4:30 AM to 12 AM Starbucks employees would arrive at 4 AM to begin preparing coffee and open to the public at 4:30 AM. Starbucks has indicated that there is a demand for the expanded hours of operation at this location and that they would like to provide services to their patrons who reside in the surrounding area (See Exhibit A) and who use the adjacent Homestead Road and Foothill Boulevard as access to the freeways. Public Comment Staff has received correspondence from surrounding residents who have expressed the following concerns about the extended hours of operation (See Exhibit B): . Additional noise impacts onto the adjacent condominium complex due to additional vehicles and people in the commercial complexes Undesirable people that may loiter in the parking lot during late night/early morning hours Additional traffic that could result from extended hours . Extended hours' impact on the peaceful surrounding residential neighborhood Reciprocal Ingress/Egress Easement The property owner of the commercial complex to the east was required to provide reciprocal ingress/egress easements when he received a use permit for the Peet's Coffee expansion. The Starbuck's application offers the opportunity to require the same of this property owner. The reciprocal ingress/ egress driveway will be installed in conjunction with the final occupancy permits for the "Peet's Coffee" building. Staff Recommendation Staff surveyed some of the surrounding Starbucks Coffee shops within the Cupertino, Campbell, San Jose, Sunnyvale and Santa Clara areas and found only one Starbucks Coffee shop in Campbell on E. Hamilton Avenue that opens at 4:00 AM, seven days a week, with a late night closing time of 12 AM on Friday and Saturday evenings. Starbucks was recently granted these expanded hours in Campbell in August. Of the other Starbucks Coffee shops within these surrounding communities, the earliest these coffee shops open is 5:00 AM on Mondays through Saturdays, and 5:30 AM on Sundays. Staff also found that the latest these coffee shops close to the public is generally 11:00 PM. 5.-~ U-2006-09 Page 3 October 10, 2006 Based upon this information, staff is concerned about the early opening hour of 4:30 AM and the late night closing hour at 12 AM on Friday and Saturday nights. Although staff believes that the proposed expansion of hours is not anticipated to create substantial additional noise or traffic impacts in the area given that the subject property consists only of Starbucks and Wells Fargo Bank as tenants, and that Wells Fargo Bank will not be open during these late night and early morning hours, staff feels that an opening time of 6 AM each day may be more appropriate given the public comments received, the close proximity of residents to this site and consistency with the hours of operation with other Starbucks Coffee shops in the surrounding communities. With these hours, Starbucks employees may arrive earlier to prepare for a 6 AM opening to the public. Staff also believes that an 11 PM closing time would be consistent with other surrounding Starbucks and is consistent with the allowable closing time for commercial businesses within Cupertino. Staff believes that this would still allow patrons who are already within the coffee shop before 11 PM to stay past 11 PM, but would require Starbucks to close doors to patrons trying to arrive after 11 PM. Starbucks has also indicated that their managerial staff is trained to contact public safety officers if any suspicious and noisy activities occur that may disrupt the surrounding neighborhood, particularly during late night and early morning hours. Staff has contacted the Santa Clara County Sheriff's Department and the City's Code Enforcement Division who stated that they have not received any code enforcement complaints regarding this Starbucks. Additionally, the Sheriff's Department has no concerns about the expanded early morning and late night hours. Therefore, staff recommends the following public hours of operation: Monday through Sunday, 6:00 AM to 11:00 PM Staff also recommends these hours of operation due to the close proximity of Starbucks to the surrounding residential uses. Although the subject property is buffered by other retail commercial uses to the east, west and south, it is approximately 130 feet away from the residential uses to the north across Homestead Road and approximately 180 feet from the multi-story residential uses to the east, and staff believes that some noise impacts on these nearby residential uses could occur at these distances. 5=-3 U-2006-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO EXPAND HOURS OF OPERATION FOR AN EXISTING COFFEE SHOP (ST ARBUCKS). SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application 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 application 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. S-5 Model Resolution Page 2 U-2006-09 October 10, 2006 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: U -2006-09 Steven Hall (Star bucks ) 22390 Homestead Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY 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. 2. HOURS OF OPERATION Approval is granted to allow the following hours of operation: Monday through Sunday, 6:00 AM to 11:00 PM 3. RECIPROCAL INGRESSIEGRESS EASEMENT The applicant shall record a reciprocal ingress/egress easement between the subject property located at 22390 Homestead Road and the adjacent commercial property to the south. 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. 5--0 EXhibit A 8/18/2006 Planning Depatiment City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Minor Use Permit Application for Starbucks Coffee Company at 22390 Homestead Road, Cupertino CA 95014 To Whom It May Concern: I would like to take the opportunity to address the Planning Department with a Letter of Explanation on behalf of my client Starbucks Coffee Company. Starbucks Coffee Company is truly excited about this prime location at 22390 Homestead Road in Cupertino. We feel that our use is a fine addition to this neighborhood, and since its opening several weeks ago has enjoyed many neighbor and commuter patrons. Starbucks Coffee Company is a small coffee house that is company-operated. We hire local residents and offer our partners (employees) great compensation and incentives. The existing city use allows hours of operation from 7:00 am to II :00 pm all days of the week. Homestead and Foothill roads are is used by many residents in the surrounding area as a surface connector as well as a convenient approach to the local freeway systems, and as such we would like to propose earlier hours of operation to provide services to those patrons, specifically 4:00 am all days of the week, though weekend opening times may be an hour or so later depending on customer response. Also, weekend evenings in this community will support a later closing time, so we are proposing a 12:00 am closing on Friday and Saturday nights. Additional noise from these modified hours should be minimal, as the residential units on the adjacent parcels are removed from any exterior seating areas to be utilized by Starbucks patrons. Since there is no cooking on site, we will have no hoods with blowers that can often create unwanted noise for the neighborhood at early or late hours. If you have any questions or concerns as we construct and open our stores, please feel free to contact me at the number listed below. !r-B Aki Honda Exhibit B From: Sent: To: Subject: Kiersa Witt on behalf of City of Cupertino Planning Dept. Monday, September 18, 2006 10:46 AM Aki Honda FW: Application number: U-2006-09 -----Original Message----- From: Leo Levinson [mailto:l.levinson@comcast.net] Sent: Sunday, September 17, 2006 8:19 PM To: City of Cupertino Planning Dept. Subject: Application number: U-2006-09 Dear Sirs, On October lOth, 2006 I'll out of the country and therefore can't attend the hearing of above mentioned case. As an owner of an apartment in woodsprings, located at 22330 Homestead Rd., Cupertino, CA 95014 I'm against to grant permission to Starbucks coffee shop to be open from 4 am till 12 pm. The reason is that it will affect the quietness of our area and reduce the value of our property. Our building is located right across the entrance to Starbucks and having the coffee shop be open so early and so late can bring people with different behavior to the peaceful neighborhood. Working hours of the plaza is from 9 am till 9 pm and I'd like it to stay the same. Best regards, Leo Levinson Ph: 408-732-8032 Cellular: 408-966-1030 virus checked by eXtendia AntiVirus AVK version: AVK 15.0.3867 from 25.03.2005 Virus news: www.extendiaAVK.com 1 SIC AppncaLlUll N U-LVVO-V:1 AppllCallL. .)LCYCll ndll \,')Ld1 UUCl\.~) LUCdLlUll. L!..:J:1V nUl11t:~u:;au... ragl,; 1 Ul 1 AkiHonda From: Kiersa Witt on behalf of City of Cupertino Planning Dept. Sent: Tuesday, September 19, 2006 8:29 AM To: Aki Honda Subject: FW: Application # U-2006-09 Applicant: Steven Hall (Starbucks) Location: 22390 Homestead Road APN 326-01-027 -n--Original Message-n-- From: Bettencourt, Maryann [mailto:a021970@AlIstate.com] Sent: Monday, September 18, 2006 4: 13 PM To: City of Cupertino Planning Dept. Subject: Application # U-2006-09 Applicant: Steven Hall (Starbucks) Location: 22390 Homestead Road APN 326- 01-027 To Whom It May Concern, I am resident of the neighborhood and have already experienced the increased problems with the upgrade of this shopping center. In particular the riff raff hanging at the coffee shops (since they opened) and the surrounding area during their "regular/current" hours. This is a "residential" neighborhood and we would like to keep the riff raff and the other on going problems that occur with the extended hours that Starbucks is asking for. Mr. Hall should come to the neighborhood and experience the problems we are facing as a result of the upgrade of this shopping center. We don't need additional problems in what is a "residential" neighborhood! Thank you in advance as I will not be able to attend the hearing scheduled on October 10. Maryann Maryann Bettencourt ************************************* The Company reserves the right to review all e-mail. Your sending of e-mail is consent for the Company to review the content of your e-mail. Communicating via e-mail does not constitute an offer of coverage. Eligibility requirements and coverages can vary by state. Allstate coverages are subject to the policy terms, conditions, and exclusions detailed in the insurance contract issued at purchase. Quotations on insurance are provided as estimates and are not an insurance contract. 9/19/2006 5-11 yage 1 or 1 AkiHonda From: Kiersa Witt on behalf of City of Cupertino Planning Dept. Sent: Monday, September 25,20069:20 AM To: Aki Honda Subject: FW: Hearing 10.10.06 Description: Use permit for Starbucks to open 4 a.m.to 12 p.m -----Original Message----- From: Ski4michelle@aol.com [mailto: Ski4michelle@aol.com] Sent: Saturday, September 23, 2006 11:01 AM To: City of Cupertino Planning Dept. Subject: Hearing 10.10.06 Description: Use permit for Starbucks to open 4 a.m.to 12 p.m Mr. Piasecki" I live in the immediate neighborhood and I am apposed to the hours being requested by Steven Hall. The area is a mess since the development of this shopping center and we really don't need extended hours in a "residential neighborhood," After all, there plenty of other Starbucks and coffee shops with extended hours which happen to be in more commercial or retail areas. We experience enough problems in our residential neighborhood and we really don't need to add to the increased crime, litter, and traffic in our neighborhood. I am unable to make the meeting in October but would like my email to be included in the opposition of extended hours. Michelle Hanson 9/25/2006 5-/3 Aki Honda From: Sent: To: Subject: Kiersa Witt on behalf of City of Cupertino Planning Dept. Monday, October 02, 2006 1 :30 PM Aki Honda FW: Application No. U-2006-09 ~.... t . ... /~ Cup App#U200609.pdf -----Original Message----- From: comstockja@earthlink.net [mailto:comstockja@earthlink.net] Sent: Monday, October 02, 2006 12:41 PM To: City of Cupertino Planning Dept. Subject: Application No. U-2006-09 Gentlemen: I am a 12+ year resident owner at Woodspring Condominiums. I received notice of the subject application from Starbucks to expand its operating hours. I am unable to attend the public hearing, but would like it on record that I am opposed to this application. I live just over the fence from the strip mall, and am all too aware of the comings and goings of noisy autos and people.. I believe the expansion of Starbucks' operating hours will only add to the noise I already endure from other businesses. All too often I am either kept awake--or abruptly awakened--by car alarms going off, engines being revved, or just loud conversation from people in the parking lot. Allowing any business to begin operations at 4AM is unreasonable and unfair to the neighborhood; a closing time of midnight is equally objectionable. I hope the Planning Commission will consider the negative impact to local residents and deny this application. Sincerely, Joanne Comstock 22330 Homestead Road #310 Cupertino, CA 95014 1 5,-15 rabc I UI I AkiHonda From: Kiersa Witt on behalf of City of Cupertino Planning Dept. Sent: Monday, October 02,200610:13 AM To: Aki Honda Subject: FW: Starbucks U~2006-09 -----Original Message----- From: JEAN A MEYER [mailto:jamcmeyer@sbcglobal.net] Sent: Sunday, October 01, 2006 12:54 PM To: City of Cupertino Planning Dept. Subject: Starbucks U-2006-09 Planning Commission City of Cupertino Re: U-2006-09 Steven Hall (Starbucks) 22390 Homestead Rd. APN: 326-01-027 To Whom It May Concern: I am a homeowner since 1984 in the Woodspring Condo complex which is a 67 units of privately owned family homes at 22330 Homestead Rd. - approximately 100 yards from the Starbucks in question. This is a residential area surrounded by our homes in Cupertino and, directly across Homestead Rd" by resdential homes in Los Altos. There is a high school, middle school and two grammer schools in the immediate area. This Starbucks shares a one story building with Wells Fargo Bank in a small plaza where no other store/business is open at these times. I do not feel they would generate much business at these hours. At a recent Home Owners Association meeting this question was raised and much concern was expressed. We were all ancouraged to write/emaillcall and I hope all of those concerned as I am did so. One of our main concerns - what protion of the general public would be encouraged to loiter in a darkened parking lot at 4 in the morning or at midnight in a quiet residential area practically in our back yard??? Please consider this matter carefully before you compromise the integrity of our homes and neighborhood. If you have a family, are a home owner or can understand our concerns -- please - we have some rights as well! ! 10/2/2006 9-(fr l a5\...- 1 Vl ..:.. AkiHonda From: Kiersa Witt on behalf of City of Cupertino Planning Dept. Sent: Wednesday, October 04, 2006 1 :51 PM To: Aki Honda Cc: Steve Piasecki Subject: FW: Notice of Public Hearing, Appln No. U-2006-09, Starbucks -----Original Message----- From: Brigitte Iwaszkiewicz [mailto:aloft99@earthlink.net] Sent: Tuesday, October 03,2006 10:04 PM To: City of Cupertino Planning Dept. Subject: Notice of Public Hearing, Appln No. U-2006-09, Starbucks Attention: Mr. Steve Piasecki, Community Development Department Re: U-2006-09, Applicant: Steven Hall (Starbucks), 22390 Homestead Road APN: 326-01-027 Use Permit for an existing coffee shop Hearing Date: October 10,2006, Council Chamber, Community Hall, 10350 Torre Avenue Dear Mr. Piasecki: Here below I am sending you a copy of my letter of October 3, 2006 (mailed today) on the captioned subject. Very truly yours, Brigitte Iwaszkiewicz aloft99@earthlink.net Sri itte Iwaszkiewicz 22330 Homestead Road,"Woodspring" No. 120, Cupertino, CA 95014 E-mail: Aloft99@earthlink.net (408) 773-1929 October 3,2006 Mr. Steve Piasecki Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Notice of Public Hearing - October 10, 2006 Use Permit for existing coffee shop (Starbucks), Appln No. U-2006-09 Dear Mr. Piasecki: 10/4/2006 5-/7 1. as.......:.- V.L..:- I am referring to your recent Notice of Public Hearing (undated letter) received recently. I will be unable to personally attend the meeting on October 10, 2006 at 6:45 pm due to a prior commitment. However, I wish to express my views in this writing for consideration and inclusion by the Planning Commission at the time of the Hearing. I am a 20+ year next door resident of the Foothill Crossing shopping center. The recent improvements to the center and the addition of certain new businesses have been welcome. On the other hand, the traffic has increased very considerably creating bottlenecks and more people hanging around the shopping center, including some individuals that appear to be homeless. I have even had to call the Sheriff's department regarding homeless trespassing our Woodspring condominium property. I am against Starbucks' request to increase its business hours to open at 4 am and close at midnight. Apart from more in and out traffic the noise level will inevitably increase as well as the presence of desirable and undesirable individuals hanging around and being attracted by the long hours of Starbucks. Moreover, it will not be long before Peets' Coffee shop files a similar petition to compete with Starbucks and the problem will be compounded. My thought is to compromise and allow Starbucks' petition for longer hours from 5 am to 10 pm ONLY. Thank you for your kind attention to this request. Very truly yours, 10/412006 s~(e Jean A. Meyer 22330 Homestead Rd. #106 Cupertino; Ca. 95014 fRl:!:CET'lE[)' l. 0' ("'T , 'J J' i1 oJ 2006' ,Bt;__ _ -0 Oct. 1, 2006 City of Cupertino Cupertino Planning Commission 10300 Torre Avenue Cupertino, Ca. 95014 Re: Application #U-2006-09 Applicant - Steven Hall (Starbucks) 22390 Homestead Rd. Description: Open Hours 4AM to 12PM To The Planning Commission: I am a homeowner at the above address which is a 67 unit Condo which is within approximately 100 yards of this Starbucks and have been a taxpayer here since 1984. This a place of privately owned and mostly family units and the area in question is surrounded by residential homes in both Cupertino and Los Altos. This matter was brought up at a recent meeting of our Home Owners Asociation and much distress was expressed. We were all encouraged to write/emai1/call and I hope all of the others who feel as I do have done so. (Please see attached HOA News Letter). This is a residential area. We have a high school, middle school and two grammar schools in close proximity. The plaza in which this Starbucks is located is small and no other shop/store or business operate at these times. Starbucks also shares a building with Wells Fargo Bank. It is hard to imagine, given these demographics, they would expect to generate much more business at these hours. Our concern is - what portion of the general public would be encouraged to loiter in a darkened parking lot at 4 in the morning or at midnight practically in our back yard. Please consider this very carefully before you compromise the integrity of our homes and neighborhood.. The upgrade of the plaza has been generally well recieved but this is WAY OFF THE MARK!!!!! We have rights as well. Sincerely, " l L.,/ , ,~:., l~/-( "( Jean A. Meyer I. ' .-'j ['fl(~: ."\ 5'/9 Woodspring HOA Newsletter October 2006 WOODSPRING CONDOMINIUM NEWSLETTER / '-, i ~~ I "'" DRAIN LINE CLEANING IN /IStarbUCkS REQUEST FOR THE GARAGES ON 10/9/06 VARIANCE TO STAY OPEN"\ PL~~F;~QYE _YO~R CARS - --t 4: O_O___~_ ~o__1~_: 00 PM -- - -~ _\. On Monday, October 9, 2006 Copied on the back of this Diablo Hydro-j etting will clean newsletter please find a copy \ all horizontal overhead drain of a Notice of Public Hearing pipes in the garages. In order for a Special Use Permit to to catch the debris cleaned out extend the business hours for of the pipes, the plumbers will Starbucks beyond that normally need to move their truck around allowed. Your board members the garage. please move your request that you write a letter cars out of the garage to allo to the Cupertino Planning access for the plumbers and t Commission opposing the protect your car from damage. extension of normal business hours or attend the meeting to express your opposition. Your board members think that reasonable hours of operation should be from 5 AM to 10 PM, and no longer than the neighboring Pete/s Coffee. IF / YOU DO NOT WANT HOURS EXTENDED, YOUR REASONS MUST BE STATED IN A LETTER BEFORE THE MEETING1 OR I N PERSON AT THE MEETING. NEW / SUES WILL NOT BE ALLOWED IN / LA': ER COURT ACTIONS AGAINST THE / I PL ING COMMISSION WHICH ARE! NOT ISED BEFORE OR AT THE MEET I ON Tuesday, October 10, 2006 at :45 PM in the Counci Chambers a 10350 Torre Aven USE OF GARBAGE DISPOSAL The garage drain line cleaning is performed annually. You can help prevent the drain pipes from clogging by always running cold water when using your disposal. Never allow starchy items like potatoes and rice to be flushed down the garbage disposal with warm water. When starchy foods are heated and then hit the cold pipes in the garage, the starch forms a solid clump which will clog the drain lines. USE LOW SUDS DETERGENT Did you know that soap suds from your laundry can cause drain line back-ups? The soap suds create a dam in the pipes. This is especially true with newer machines in multi-story buildings. Low sudsing soap can solve this problem. Look for "Hi Efficiency" detergent when you shop for laundry soap. NEXT BOARD MEETING Thursday, October 19th at 7PM YOUR BOARD OF DIRECTORS: Kathy Lane, President Zel Freidling, Vice Pres. Julie Chow, Treasurer Brigitte Iwaszkiewicz, Sec. Chunling Zhong, Board Member Questions or Comments? Please call Ferrari Management at 917-9911. \ \ \ \ \ S'-d,O 'f~.~l..~~.~~11 -!~1l"L ,~ CITY OF CUPERIINO 10300 Torre Avenue 408-777 -CITY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Cupertino Planning Commission will hold a public hearing on the matter described below. The public is encouraged to attend and speak. If you are unable to attend, your comments are welcomed at planning(ci;cupertino.org . Emailed comments _ _H__ _~~oul~_~~!ecei~e~~L4:00 pmOJ.l t~~ day ofthe meeting. - - -. - U-2006-09 Steven Hall (Starbucks) 22390Home~~ APN: 326-01-027 .-"-------...~..~--=-------;:<>-~._--_..~-_.__. --- / DESCRIPTION: ( Use Permit for an existing coffee shop (Starbucks) to open at \ 4AM and close at 12PM HEARINGDATE~06 (me=b<jjinSttlfu p.m.) ADDRESS: COlillCil Chamber, Community Hall, 10350 Torre Avenue '~ '; APPLICATION NO.: APPLICANT: LOCATION: The agenda for this application will be available on the Friday afternoon preceding the meeting on the City's website: www.Cupertino.org NOTE: AGENDA MAY BE SUBJECT TO CHANGE. If interested in an item, or have questions, please call the Planning Department at 408-777-3308 prior to the meeting date to verify- that-the item-is-still on--theagenda. The-time -this--item-will-be--beardduring-the--- - -- meeting cannot be predicted as other applications may also be scheduled for discussion at this meeting. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. NOTE TO OWNERS OF RECORD: This notice is sent to owners of real property as shown on the last tax assessment Toll. Tenants are not necessarily notified. Steve Piasecki Community Development Department 5'- :;2{ RECET'TED OCT n 3 2006 BY: Council Chambers 10350 Torre Ave, Cupertino CA 95014 To the Cupertino Planning Commision: Sept 29, 06 I am writing as a homeowner to oppose the extension of operation hours for the Starbucks coffee shop at 22390 Homestead Rd. Starbucks wants to open at 4am and close at midnight. This will be very disruptive to me and this residential neighborhood as far as noise, traffic and light. Please do not grant Starbucks this exception. It is unreasonable and unnecessary. Summary: Opposition to Application U-2006-09 (22390 Homestead Rd) Please do not allow extension of Starbucks hours of operation Thank you for your attention. Sincerely, {rWi~ Vivi Zau 22330 Homestead Rd #314 Cupertino, CA 95014 5"'--:?~ TOWN 0= LOS ALTOS G~ANT ROAD '4 SiDEW,ALk: -~-- (E) ",-0 ~~~g~ / / - !rIEl / MONUMENT = SIGN --l ~ TOW~ OF LOS ALTOS c ~ 8'6x 17'6 C C I (E) ~ PARKING I I =l I I I ADJACENT PARCEL IS R=T AIL STRIF PAD SITE PLAN l' = 20'-0" I!!!Oi - !!!!!! - ~) - - .. P(Res) I . , ("~ .'" ''?J .-~S- . . ~ \ ,. . ,: '\ ,~ ~, I R2-4.25i . . . . . . QW~", ...,:....0. <, RlcllaldttJlI Avt' en.lt<'Ild!lWay D.,..,t<,,,,~ S1 '.", o~ .......,.w i '\~1lI~.J.- t.Ud.:;ll!W' Ct~ ct~ .,~' '<., "O"w""'f ,. <to 1(:- 4,"', ,. ~! ~, ;' "~.~~.~-<~.L. 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D, ClarOr oi" /" .. ~ - t,. ;;; l r; 5' VICINITY MAP NOT TO SCALE STARBUCKS USE PERMIT 8121/06 22390 HOMESTEAD ROAD CUPERTINO CA SITE AREA SO: SITE AREA ACRES: NET AREA: GROSS AREA BUILDING AREA SO FT: FAR: NUMBER OF STORIES: HEIGHT FROM NATURAL GRADE: BUILDING PAD ELEVATION: CURB ELEVATION NUMBER OF EMPLOYEES PROJECTED: NUMBER OF SEATS: PARKING REOUIRED: PARKING PROVIDED: COMPACT SPACES: STANDARD SPACES: UNISIZE: HANDICAP' HOURS OF OPERATION 26100 0.599 26100 26100 6470 0.248 1 21'-6" 0'-0" -1'-0" 4 36 MAX 32 SPACES 32 SPACES 9 SPACES 19 SPACES NONE TWO Su-Th 4:00 am - 11:00 pm Fe-Sa 4:00 am - 12:00 am STARBUCKS STARBUCKS P-CG P-CG 13,480 SF APPROX (EXISTING) 4,930 SF APPROX (EXISTING) EXISTING USE PROPOSED USE: ZONING DESIGNATION GENERAL PLAN DESIGNATION: PAVING AREA: LANDSCAPE AREA: ,Ml(lfllOt &OCklll\Jll ~;::: ~~ o~J~ BpnI'lIlVillllIw~ Brsll'l!!tOl'o pf Ce$ea6oel>, ~. t./l. ,i C'lfo.~ C,,,halS [)r i r;: i ~ S~ EftamtbyWaVChClllfl Or 3! if. g ~ ~ CC<lllI"t1A/.ellftw.v -;. Q_Q 9 ~ T,",D&fl""'Av'l'! \ ? !!. ;? .~ ~ i o . ~ ~ , 115~i I!~~way ~ ~ ~ ;~ I ~--- r3 (.'l ~ ~. f - , t >>~. ~ l.,{ ,; ,...WHotli&tletd ~d . . ~ ' ~ild 9,1' 1 :t ! !? ~ ,00 . 1. ' ~ "{ l & f<l.! ! ~ <:f $ .,.!" " I if ~ Alv,!, L..uIM.[)r .""",'" ~ M~lIl1rDr y ~../:..~ ''>" G..>n~!'A':~" t./1 s .,~ ~ 'IoJ.06~Pt '\, Mont.Ct \-q,mI~U'I Ollwlwwf,.t'I ~ \ " ': l' iY'~=-:;,.::;;;-_' STARBUCKS COFFEE COMPANY 2401 UTAH AVENUE SOUTH SEATTLE. WASHINGTON 98134 (206) 318-1575 ARCHITECT OF RECORD ~ GRYPHON 1\ R CHI T E CT U R. F 7192ndSn'eel#16 Davi!,Ct\956t6 ph 650-465-21 12 nc 530.792.73\0 stcvcn@gryphotlaTch.com REV DATE JC DESCRIPTION ....J ....J - I I- u.JO ~O 0 LLU- "<t 806 cr: ,.... 0 0 L() (j)o oCt: en G<( u.J oCt: I- () oCt: :JW (j) cr: u.J 6 co I- ::2: oCt: cr:(f) Z ...J ~W 0 I- () I cr: oCt: (j)~ 0 u.J I- 0 en a.. z C'? :J oCt: C\J I C\J () (j) "" ~ U LU Z a ::> a: 0 "- u STORE #: PROJECT #: 33888~OO1 CONCEPT: MSS-L2-MED-LH PALETTE: DIMODA ISSUE DATE: 8/21/06 PM: BRIAN NOVISKI JC: SH CHECKED: SH CM: DAN MOSER SHEET TITLE MINOR USE PERMIT APPLICATION SCALE NO SCALE (DO NOT SCALE DRAWINGS) SHEET NUMBER MUP-1