U-2006-09b
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Community Development Dep(1rtment
CITY OF
CUPEIUINO
October 16, 2006
Steven Hall
Gryphon Architecture
719 Second Street #16
Davis, Ca. 95616
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2006-09
This letter confirms the decision of the Planning Commission, given at the
meeting of October 10, 2006, approving a Use Permit to expand hours of
operation for an existing coffee shop (Starbucks), located at 22390 Homestead
Road, according to Planning Commission Resolution No. 6424.
Please be aware that if this permit is not used within a two-year period, it shall
expire on October 10, 2008.
Please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
S;Jnt~~<
~i~~VICP
Senior Planner
fHl-.
Enclosures:
Resolutions 6424
Cc: Jayne Hamm, 11713 Dorothy Anne Way, Cupertino CA 95014
Printed on Recycled Paper
U-2006-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6424
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO EXPAND HOURS OF OPERATION FOR AN EXISTING COFFEE
SHOP (ST ARBUCKS).
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit,
as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
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;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title; and
3) The proposed development is consistent with the North De Anza Boulevard Special Center area.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby approved, subject to the conditions which are enumerated
in this Resolution beginning on Page 2 thereof; 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-2006-09 as set forth in the Minutes
of the Planning Commission Meeting of October 10, 2006, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
U-2006-09
Steven Hall (Starbucks)
22390 Homestead Road
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on the exhibits submitted by Steven Hall on behalf of Starbucks Coffee for
expanded hours of operation, except as may be amended by the conditions contained in this
Resolution.
Resolution No. 6424
Page 2
U-2006-09
October 10, 2006
2. HOURS OF OPERATION
Approval is granted to allow the following hours of operation:
Monday through Sunday, 5:30 AM to 12:00 AM
3. COMPLAINTS
In the event the City receives a complaint after the establishment of these approved hours of
operation, review of this use permit may be brought back to the Planning Commission for a
hearing to consider addition of mitigation measures that may include reduction of hours of
operation.
4. RECIPROCAL PARKING AND INGRESSIEGRESS EASEMENT
The applicant shall record an agreement to participate in reciprocal parking and ingress! egress
easements between the subject property and the adjacent commercial property, either to the east
(Cupertino side) or south (Los Altos side), subject to the City Attorney's approval and approval
by the City of Los Altos, if required.
5. SHARED PARKING
The applicant shall enter into a recorded agreement to share parking between the adjacent
commercial properties. The form and content of the agreement shall be reviewed and approved
by the City Attorney prior to recordation.
6. 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 10th day of October 2006, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chairperson Miller, Vice Chair Miller, Saadati,
Wong, Chien
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Marty Miller
Marty Miller, Chair
Planning Commission
G: \ Planning \ PDREPORT\ RES \ 2006 \ U-2006-09 res.doc
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8/18/2006
PtmmJr:g Commis!iou I f)-tO ""0 {,
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Planning Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
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RE: Minor Use Permit Application for
Starbucks Coffee Company at 22390 Homestead Road, Cupertino CA 95014
To Whom It May Concern:
I would like to take the opportunity to address the Planning Department with a Letter of
Explanation on behalf of my client Starbucks Coffee Company. Starbucks Coffee
Company is truly excited about this prime location at 22390 Homestead Road in
Cupertino. We feel that our use is a fine addition to this neighborhood, and since its
opening several weeks ago has enjoyed many neighbor and commuter patrons. Starbucks
Coffee Company is a small coffee house that is company-operated. We hire local
residents and offer our partners (employees) great compensation and incentives.
The existing city use allows hours of operation from 7:00 am to 11 :00 pm all days of the
week. Homestead and Foothill roads are is used by many residents in the surrounding
area as a surface connector as well as a convenient approach to the local freeway systems,
and as such we would like to propose earlier hours of operation to provide services to
those patrons, specifically 4:00 am all days of the week, though weekend opening times
may be an hour or so later depending on customer response. Also, weekend evenings in
this community will support a later closing time, so we are proposing a 12:00 am closing
on Friday and Saturday nights. Additional noise from these modified hours should be
minimal, as the residential units on the adjacent parcels are removed from any exterior
seating areas to be utilized by Starbucks patrons. Since there is no cooking on site, we
will have no hoods with blowers that can often create unwanted noise for the
neighborhood at early or late hours.
If you have any questions or concerns as we construct and open our stores, please feel
free to contact me at the number listed below.
-
-
APPROVAL U~{)(){P-{)Cj
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P!mwfng COiilmJs51r1:! 107 0 ~ 0 to
teven Hall, Architect
Gryphon Architecture
719 2nd Street #16
Davis, CA 95616
ph (650) 465-2112
fx (530) 792-7310
steven@gryphonarch.com
Signature
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~adJ:
CC:
Daniel Moser
Construction Manager - Starbucks Coffee Company
455 North Point Street
San Francisco, CA 94133
Phone: 415-298-0565