Reso 020 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 20
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
TO APPROVE AN ADMINISTRATIVE USE PERMIT TO ALLOW THE INSTALLATION OF
A TEXTILE DONATION CONTAINER TO BE LOCATED AT 10625 S. FOOTHILL BLVD.
SECTION I: PROJECT DESCRIPTION
Application No.: U-2013-05
Applicant: Sophia Duus (Campus California)
Location: 10625 S. Foothill Blvd. APN# 342-16-087
SECTION II: FINDINGS
WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to
approve the installation of a textile donation container to be installed at an existing shopping center.
WHEREAS, the Administrative Hearing Officer finds:
1. The proposal, 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 proposal is consistent with the purposes of Chapter 19.108, of the Cupertino Municipal Code, the
General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate the subject
property.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. U-2013-05, is hereby approved; and That the sub conclusions upon which the
findings and conditions specified in this Resolution are based and contained in the public hearing record
concerning Application U-2013-05 as set forth in the Minutes of the Administrative Hearing Meeting of
August 22, 2013, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the site plan titled "Stevens Creek Market, 10625 S. Foothill Blvd., Cupertino Ca"
prepared by Chris Wedge, Campus California, dated August 8, 2013 and consisting of one sheet labeled
A2, except as may be amended by conditions in this resolution.
Resolution No.20 U-2013-05 August 22,2013
Page 2
2. NUMBER SIZE AND LOCATION OF DONATION CONTAINERS
The total number, size, and location of collection containers shall be limited as shown on the site plans.
No additional containers shall be permitted, nor shall any increase in size or revision to the location be
perxnitted without a separate approval, notwithstanding changes required as part of the Administrative
Use Permit.
3. CESSATION OF USE
Any discontinuation of the donation container shall not be reestablished without approval of a new
application.
4. PROPERTY OWNER AUTHORIZATION
A condition has been added to have Campus California obtain written authorization/consent from the
property owner and or legal representative to install the donation box on this property before the
donation box is installed.
5. PERMIT RENEWAL
The applicant/property owner is responsible to renew the permit before it expires 18 months of the date
of the approval on (February 22, 2015). If the permit expires without renewal, the collection container
shall be removed from the site on the day following permit expiration.
6. 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.
7. 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.
8. 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.
Resolution No.20 U-2013-05 August 22,2013
Page 3
PASSED AND ADOPTED this 22th day of August, 2013 at a Regular Meeting of the Administrative Hearing
Meeting of the City of Cupertino, State of California,by the following roll call vote:
AYES: HEARING OFFICER: Gary Chao
NOES: HEARING OFFICER:
ATTEST: APPROVED:
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