Reso 6719 U-2013-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6719
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A USE PERMIT TO ALLOW A NEW COFFEE SHOP TO OPEN AT 5:30 AM
LOCATED AT 20686 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2013-01
Applicant: Jacob Jaber (Philz Coffee)
Property Owner: Alex Byer(Byer Properties)
Location: 20686 Stevens Creek Boulevard (APN 359-08-028)
Subject: Conditional Use Permit to allow operations beginning daily at 5:30 a.m.
SECTION II: FINDINGS FOR A 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 held a public hearing on March 26, 2012 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;
The coffee shop's early morning hours 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. The
coffee shop is located in an established commercial district, located approximately 308 feet from the nearest
residentfal property line, and is buffered by the existing shopping center building in the rear. In addition,
there is an existing coffee shop in the same shopping center that has similar early morning hours, and is
closer to the residential area. The City has approved similar hours for at least five similar uses in other areas
of the City and has no recorded history of complaints associated with early morning operating hours at those
locations.
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, underlying zoning regulations, the purpose of the City's zoning
ordinances, and complies with the California Environmental Quality Act(CEQA).
Resolution No.6719 U-2013-01 March 26,2013
The proposed early morning operating hours are consistent with and will be conducted in a manner in
accord with the General Plan, zoning ordinance, and CEQA. The conditions of approval contained in this
resolution further reduce the likelihood of adverse impacts to surrounding commercial properties and the
residential neighborhood to the rear.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution:
The application for a Use Permit, Application no. U-2013-01 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-2013-01 as set forth in the Minutes
of Planning Commission Meeting of March 26, 2013, and are incorporated by refer ence as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set dated February 15, 2013 consisting of 8 sheets labeled A000, A101,
A102, A103, A201, K102, M-1, and M-2, "Tenant Improvements for Philz Coffee, 20686 Stevens
Creek Blvd., Cupertino, CA 95014," drawn by Kahn Design Associates; except as may be amended
by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. PREVIOUS CONDITIONS OF APPROVAL .
All prior conditions for approval file nos. DP-2011-03, ASA-2011-12, and M-2012-01 shall remain in
effect,unless superseded by the conditions of approval for U-2013-01.
4. USE APPROVAL
Approval is hereby granted to allow the 1,367 square foot coffee shop within Building E (8,011
square feet, 20682-20688 Stevens Creek Boulevard) of the Crossroads Shopping Center to be open to
the public beginning at 5:30 AM, seven days a week.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
5. OUTDOOR PATIO USE
The outdoor patio shall not be used by patrons prior to 7am.
Resolution No.6719 U-2013-01 March 26,2013
6. OUTDOOR DINING ENCLOSURE
Outdoor dining areas shall not be enclosed with fencing or other structures to permanently obstruct
pedestrian walkways, unless it can be demonstrated that an enclosed outdoor seating area will not
obstruct the required walkway clearances. A separate City planning approval is required for any
enclosure of outdoor dining areas.
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/ADDITIONAL RESTRICTIONS
If complaints are received related to the tenant(s) under this use permit, and the complaints are
addressed immediately by the property management, then the Planning Commission shall conduct
a public hearing on the use permit at which time, the approval for early morning operating hours
may be modified or revoked.
The City reserves the right to require additional security patrols and/or other measures as
prescribed by the Sheriff's Office or Code Enforcement.
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or 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 Gov ernment 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.
Resolution No.6719 U-2013-01 March 26,2013
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TRASH RECYCLING. AND COMPOSTING RECEPTACLES
A "trio" trash, recycling, and composting bin for public use shall be provided at the front and rear of
Building E (20682-20688 Stevens Creek Boulevard) to the satisfaction of the City's Environmental
Programs Manager. The property owner will be responsible for removing litter from the shopping
center on a regular basis.
SECTION V: CEQA REVIEW
The use permit is categorically exempt from the Califomia Environmental Quality Act (CEQA) per
section 15301 (Existing Facilities) of the CEQA Guidelines because it relates to hours of operation only
and involves negligible or no expansion of the approved use.
PASSED AND ADOPTED this 26th day of March, 2013, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Brophy, Lee, Gong, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONEIZS:none
ATTEST: APPROVED:
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Aarti Shrivastava Don Sun
Community Development Director Chair, Planning Commission
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