U-2017-06 Res v2.docCITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6838
OF THE PLANNING COMMISSION OF THE 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: PROJECT 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:
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
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.
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.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
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.
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.
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.
OPERATIONS
The business shall operate within the area delineated on the floor plan exhibit.
The business is allowed to serve customers beginning at 5:00 a.m., seven days a week.
Employees are allowed to arrive and set up on site for up to one hour prior to opening.
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.
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
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 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:
/s/Benjamin Fu /s/Don Sun______
Benjamin Fu Don Sun
Assist. Dir. of Community Development Chair, Planning Commission