Desk Item U-2012-05
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CITY OF CUPERTINO �V
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW 24-HOUR OPERATION OF A PROPOSED
GROCERY STORE (SAFEWAY) IN A PREVIOUSLY APPROVED BUILDING AT THE
HOMESTEAD SHOPPING CENTER.
SECTION I: PROJECT DESCRIPTION
Application No.: U-2012-05
Applicant: Jeff Oparowski
Property Owner: Sobarato Organization
Location: Homestead Square (former PW Market site), 20620 Homestead Road,
(APN: 326-10-066 )
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Use Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one public
hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) 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;
b) The proposed use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof, the application for a Use Permit, Application no. U-2012-05 is hereby approved,
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-2012-05 as
Draft Resolution U-2012-05 December 11,2012
set forth in the Minutes of Planning Commission Meeting of December 11, 2012, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY
DEVELOPMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated November 1, 2012, consisting of 2 sheets labeled A2
and A3, entitled, "Planning Department Submittal Homestead Square Retail Center,"
prepared by ARC TEC ARCHITECTURAL TECHNOLOGIES, except as may be amended
by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
All conditions of approval administered with application nos. U-2009-08 shall be applicable
to this approval unless amended by the conditions in this resolution.
3. SIGNAGE
Signage is not approved as part of this Use Permit application.
4. FINAL TRASH, DELIVERY, AND PARKING LOT MAINTENANCE PLAN
Prior to final occupancy the applicant shall submit a final refined business operation plan
including but not limited to final trash enclosure, refuge pickup hours and route, delivery
truck deliveries and pickup hours, employees break schedule. Any changes to this final
operational plan shall be reviewed by the Community Development Department prior to
implementation of the changes. Recology, the City's refuse provider, shall review and
approve the trash enclosure layout.
Parking lot cleaning and maintenance activities (e.g. pressure washing, steam cleaning,
parking lot washing etc.) shall be performed between the hours of 7 am and 11 pm.
5. ODOR ABATEMENT SYSTEM
An odor abatement system shall be installed for all food preparation activities prior to final
occupancy of this tenant space. Plans shall be reviewed and approved by the community
Development Director prior to issuance of building permit.
6. PARKING LOT SIGNAGE
Prior to final occupancy of tenant improvement permits, the property owner shall install
signs in the west parking lot (located adjacent to the residential use to the south of the
shopping center) directing patrons to be sensitive to nearby residents. The wording of the
signs shall be reviewed and approved by Planning staff prior to issuance of tenant
improvement permits.
7. LAW ENFORCEMENT SUPPORT
The shopping center property owner shall pay for any additional Sheriff enforcement time
resulting from documented incidents in the shopping center at the City's contracted hourly
rate with the Sheriff Department at the time of the incident.
Draft Resolution U-2012-05 December 11,2012
8. USE PERMIT REVIEW
The City reserves the right to review the use permit for compliance of the conditions set
forth in this resolution and/or all other pertinent city regulations pursuant to Chapter
19.12.180 (C).
The City reserves the right to require additional security patrols and/or parking restrictions
as prescribed by the Sheriff's Office.
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other 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.
10. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The City may,
in its sole discretion, elect to defend any such action with attorneys of its choice.
11. 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 11th day of December 2012, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Draft Resolution U-2012-05 December 11,2012
ATTEST: APPROVED:
Aarti Shrivastava Marty Miller, Chair
Director of Community Development Planning Commission