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Reso 6713 " U-2012-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6713 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: PROTECT 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 set forth in the Minutes of Planning Commission Meeting of December 11, 2012, and are incorporated by reference as though fully set forth herein. Resolution No.6713 U-2012-05 December 11,2012 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 ARCHITECTLTRAL 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. 8. USE PERMIT REVIEW T'he 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. Resolution No.6713 U-2012-05 December 11,2012 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: COMMISSIONEIZS: Chair Miller, Vice Chair Sun, Lee, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Brophy ATTEST: APPROVED: , - , . , o _� ,-�_, J�-_ ..,�'� ,.�. ���- ,� , af Ch�o"� Marty i Chair City Planner Planning Commission