Reso 6783 ___ __
U-2015-04
��;J CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6783
OF THE PLANNING COMIVIISSION OF THE CITY OF CUPERTINO APPROVING A USE
PERIVIIT TO ALLOW EARLY HOURS OF OPERATION AND OUTDOOR SEATING IN
EXCESS OF'TWENTY PERCENT OF THE INDOOR SEATING AT A COFFEE SHOP
LOCATED AT'20676 HOMESTEAD ROAD
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SECTION I: PROTECT DESCRIPTION `
Application No.: ' U-2015-04
Applicant: MBH Architects (Starbucks} -
Loeation: 20676 Homestead Road (Fiomestead Square Shopping Center)
SECTION Ii: FINDINGS FOR DEVELOPIVIENT PERMIT:
�""'�� WHEREAS; the Planning Commission of the City of Cupertino received an application for a
���-s- • Conditional Use Permit as described in Section I.-of this Resolut�on; and
WHEREAS; the necessary public notices have been given as required by the Procedural Orclinance
of the City of Cupertino, and the Planning Coxrunission 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 Plaruling Commission finds as follows with regard to this application: '
1. 'Tlie proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vici_nity, and will nof be detrimental to the public health, safety, general
welfare, or conv:enience;
Given that the project is consistent with the General Plan and the Zoning Ordinance; is approximately
250 away from any existing residential uses; In addition,-Santa Clara County Sheriff's.Department has
reviewedthe project and found that the project project would not create a public nuisance; the project 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 convenierice.
2. The proposed use will be located and condueted in a manner in accord with the Cupertino
Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and
��� complies with the California Environmental'Quality Act(CEQA).
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Resolution No.6783 U-2015-04 May 26,2015
The proposed project is in conformance with the General Plan of the City of Cupertino, since it is �
consistent with the existing land use designation (Commercial/Residential). The project is consistent
with the underlining zoning regulation of planned general commercial. The main concern is in hours of
operation with proximity to residences. The project is located 250 feet or more away fromresidences, and
delivery tiems are to be consiseting with the zoning regulations. In addition, the project is considered to
be Categorically Exempt per CEQA.
NOW, THEREFORE,BE IT RESOLVED:
T'hat 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 beginning on PAGE
2 thereof,:
The application for a Conditional Use Permit, Application no. U-2015-04, is hereby recommended
for approval and that the subconclusion upon which the findings and conditions in this resolution
are based and contained in the Public Hearing record concerning Application no. U-2015-04 as set
forth in the Minutes of the Planning Commission Meeting of May 26, 2015 and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received May 5, 2015 consisting of 5 sheets, �
G-000-1, G-0004A, A-1001, A-2001, and A-2002 entitled "HOMESTEAD & DE ANZA" drawn
Dennis M. Heath of MBH Architects; except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROJECT PLANS
The application/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. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property purchasers
should check with the City to determine the specific restrictions under the Planned
Development Zone and related permits.
4. OPERATIONS
a) The coffee shop shall be operated within the area delineated on the site plan exhibit.
b) The coffee shop is approved to operate daily from 5:OOAM to 11:00 PM.
c) The total number of seats is to be 83 with 38 interior seats and 45 exterior seats.
d) Changes to the coffee shop operations determined to be minor shall be reviewed and
approved by the Director of Community Development. �
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Resolution No.6783 U-2015-04: May 26,2015
5. RESTAURANT ODOR ABATEMENT. ',
� :All new restauranfs shall install odor abatement systems to reduce odor impacts from the
restaurants to`the:adjacent community. The odor abatement systems shall be installed prior to
finaF occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved
by the Director of Community Developmenf prior to issuance of building permits.
6. BUSINESS LICENSE
The business owners shall obtain a City of Cupertino business licenses prior to building permit
issuance.
7. SHERIFF DEPARTMENT REVIEW. �
The; property owner shall address security concerns in the event that they arise to the
satisfaction of the Gity.,The property owner shall.pay for any additional Sheriff enforcement
tune resuiting from documented incidents in the development at the City's contracted hourly
rate:with the Sheriff Department at the tirne of the incident.
The City reseryes the. right to require additional. security patrols and/or other measures as
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prescribed by the Sheriff's Office or Code Eriforcement.
8. ANNOTATION_OF THE CONDITIONS OF APPROVAL
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The conditions`of approval set fortll shall be incorporated into and'annotated-on the first page
of the building plans.
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9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with'other`departments and/or agencies wifh regard to
the proposed p'roject for additional conditions and requirements. Any misrepresentation of any
' submitted`�`data may invalidate ari approval by the Community IDevelopmerit Deparfinent.
10.: MODIFICATION'OF RESTURANT OPERATIONS ;
The Director of Community DeVeloprnent is empowered:to make,adjustments to the operation
of the restaurant to address any documented problem or nuisance situation that may occur.
11. REVOCATION OF CONDITIONAL USE PERIVIIT
'The Director may initiate proceedings for revocation of the Conditional Use Permit in any case
where, in the judgment of the Director;;substantial evidence indicates that the conditions of the
conditional use permit have not been implemented, or where the permit is being conducted in
a manner detrimental to the public health; safety, and welfare, in accord with the requirements
of the municipal code.
12. EXPIRATION
If the use for which this conditional use perrnit is'granted and utilized has ceased or has been
suspended for two year or more; this�permit�shall be deemed expired and a new use permit
application must be applied for and obtained. '
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Resolution No.6783 U-2015-04 May 26,2015
13. 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.
14. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE FIRE DEPARTMENT
1. FIRE SPRINKLERS
The existing building is equipped with a fire sprinkler system. If the system within this space �
requires modification, plans for such modification must be submitted to, and approved by this
office prior to commencing such work. A state of California licensed (C-16) Fire Protection
Contract shall submit plans, calculations, a completed permit application and appropriate fees
to this department for review and approval prior to beginning their work. NOTE: The
owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for consulting
with the water purveyor of record in order to determine if any modification or upgrade of the
existing water service is required. CRC Sec. 313.2 as adopted and amended by CUPMC.
2. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and our
Standard Detail and Specification SI-7. Provide appropriate notation on subsequent plan
submittals, as appropriate to the project. CFC Chp. 33
3. ADDRESS IDENTIFICATION
New and existing building shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their background.
Address number shall be Arabic numbers or alphabetical letters. Number shall be a minimum
of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access
is by means of a private road and the building cannot be viewed from the public way, a
monument pole other sign means shall be used to identify the structure. CFC Sec. 505.1. �
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Resolution No.6783 U-2015-04 May 26,2015
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PASSED AND ADOPTED this 26th day of May, 2015, at the Regular 1Vleeting of the Planning
Coinmission of the Cify of Cupertino,State of California,by the following roll call vote:
AYES: COViMISSIONERS:Vice Chair Takahashi, Gong, Sun,Paulsen
NOES: COMMISSIONERS: Chair Lee
ABSTAIN: COMIVIISSIONERS:none
ABSENT: COMIVIISSIONERS: none
ATTEST:- APPROVED:
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ao Wirinie Lee, C air
Assist.Dir. of Community Development Planning Commissio
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