Reso 6838CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6838
OF THE PLANNING COMMISSIONOFTHE CITY OF CUPERTINO
APPROVING A USE PERMIT TO CHANGE HOURS OF OPERATION
FROM 7 AM -11 PM TO 5 AM -11 PM FOR A PROPOSED BUSINESS
(STARBUCKS) LOCATED AT 21725 STEVENS CREEK BOULEVARD
SECTION I• PROTECT DESCRIPTION
Application No.: U-2017-06
Applicant: Tamara Shroll (Starbucks)
Location: 21725 Stevens Creek Boulevard
SECTION II: FINDINGS FOR DEVELOPMENT 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 project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA); 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:
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;
The business will be located in the Monta Vista Special Plan Area, in which
commercial uses are intended to provide convenient shopping and amenities for
surrounding residential neighborhoods and members of the public. The Starbucks
Resolution No. 6838 U-2017-06 September 26, 2017
franchise has locations in similar communities that contribute to the diversity of
uses and provide an early morning locale for nearby residents and surrounding
businesses. The Santa Clara County Sheriff's Department has reviewed the
proposal and found that the proposed project would not create a public nuisance.
Additionally, the applicant is required to comply with the Cupertino Municipal
Code Chapter 10.48: Community Noise Control, incuding requirements related to
commercial deliveries. Therefore, the proposal will not be detrimental to the public
health, safety, and welfare.
2. The proposed development and/or use will be located and conducted 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).
The proposed use complies with the Cupertino General Plan, Monta Vista Special
Plan Area, and Municipal Code requirements, including, but not limited to,
parking regulations. The parking demand triggered by the client count is within
what is supplied on location and the use is permitted as mandated in Chapter
19.60: General Commercial Zones. The conditions of approval will ensure that the
use is conducted in a manner that is consistent with the Cupertino General Plan
and Municpal Code requirements as mandated in Chapter 10.48 Community
Noise Control. The project is considered Categorically Exempt per CEQA.
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 beginning on PAGE 3 thereof:
The application for a Use Permit, Application no. U-2017-06 is hereby recommended for
approval 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-2017-06 as set forth in the Minutes of Planning Commission Meeting of
September 26, 2017 and are incorporated by reference as though fully set forth herein.
Resolution No. 6838 U-2017-06
September 26, 2017
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1, APPROVED EXHIBITS
Approval is based on the Business Description letter consisting of three (3) pages,
dated April 17, 2017, submitted as an attachment to the Staff Report, except as may
be amended by conditions in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Administrative Hearing Resolution No. 58
and Administrative Hearing Resolution No. 59 shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval, including the
conditions contained herein in this resolution.
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 business shall operate within the area delineated on the floor -plan exhibit.
b) The business is allowed to serve customers beginning at 5:00 a.m., seven days a
week.
c) Employees are allowed to arrive and set up on site for up to one hour prior to
opening.
5. SHERIFF DEPARTMENT REVIEW
The property owner shall address security concerns in the event that they arise to
the satisfaction of the City. The City reserves the right to require additional security
patrols and/or other measures as prescribed by the Sheriff's Office or Code
Enforcement.
The property owner shall pay for any additional Sheriff enforcement time resulting
from documented incidents in the development at the City's constracted hourly rate
with the Sheriff Department at the time of the incident.
6. MODIFICATION OF BUSINESS OPERATIONS
Changes to the operations determined to be minor shall be reviewed and approved
by the Director of Community Development. Further, the Director of Community
Development is empowered to make adjustments to the operation of the restaurant
to address any documented problem or nuisance situation that may occur.
Resolution No. 6838 U-2017-06 September 26, 2017
7. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case
where, in the judgment of the Director:
a. Substantial evidence indicates that the conditions of the conditional use permit
have not been implemented, or
b. Complaints are received related to the tenant under this use permit, and the
complaints are not immediately addressed by the property management and/or
the tenant, or
c. 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.
8. EXPIRATION
If the use for which this conditional use permit is granted and utilized has ceased or
has been suspended for one year or more, this permit shall be deemed expired and a
new use permit application must be applied for and obtained.
9. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant to attack, set aside, or
void this Resolution 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 applicant shall pay such attorneys'
fees and costs within 30 days following receipt of invoices from City. Such attorneys'
fees and costs shall include amounts paid to counsel not otherwise employed as City
staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by
City.
10. 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
Resolution No. 6838 U-2017-06 September 26, 2017
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 26th day of September, 2017, at the 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 Paulsen, Takahashi, Fung, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
APPROVED:
1:;;�V
Benjamin Fu Sun
Assist. Dir. of Community Development Chair, Planning Commission