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Reso 021 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 21 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO APPROVE A ADMINISTRATIVE USE PERMIT TO ALLOW THE OUTDOOR DISPLAY OF MERCHANDISE AND TO ALLOW A BAKERY OPERATION THAT DOES NOT INVOLVE THE DIRECT RETAILING OF GOODS TO THE GENERAL PUBLIC LOCATED AT 19948 HOMESTEAD ROAD SECTION I: PROTECT DESCRIPTION Application No.: U-2012-06 Applicant: Federico Diaz(Oakmont Produce Market) Location: 19948 & 19952 Homestead Road APN# 316-03-039 SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application to approve the outdoor display of inerchandise and to allow a bakery operation that does not involve the direct retailing of goods to the general public at an existing shopping center. WHEREAS, the Administrative Hearing Officer finds: 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; Allowing an outdoor produce display for an existing produce market 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 because it will provide greater accessibility of goods in existing planned general commercial district. The non-direct retailing of goods produced by the bakery will not detrimentally impact convenience to the public in that the goods shall remain available to the public through the Oakmont produce market. 2. The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, the purpose of the City's zoning ordinances, and complies with the California Environmental Quality Act(CEQA). The proposed project is consistent with and will be conducted in a manner in accord with the General Plan, Zoning Ordinance in that the use, subject to this approval and as conditioned, meets the requirements of the Zoning District and General Plan and does not conflict with any prior approval. Furthermore the use is categorically exempt under CEQA in that the proposal involves a negligible expansion of the existing use. The project serves to achieve diversity in land use (GP Policy 2-20) by providing an employment center and neighborhood serving uses (produce market). The conditions of approval contained in this resolution further reduce the likelihood of adverse impacts to surrounding properties. Resolution 21 U-2012-06 September 12,2013 Page 2 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-2012-06, is hereby approved; 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 U-2012-06 as set forth in the Minutes of the Administrative Hearing Meeting of September 12, 2013, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set titled "Oakmont Market, 19952 Homestead Rd, Cupertino Ca," dated Received June 4, 2013, consisting of four (4) pages, labeled TI-1, TI-2.1, TI-3, and TI-3.1, and exhibit entitled "Produce Table Design", dated Received August 16, 2013 and consisting of one (1) page except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth in this resolution shall be incorporated with complete written annotated responses into the building permit submittal. 3. ACCURACY OF PROLECT PLANS The applicant/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. 4. NUMBER SIZE AND LOCATION OF PRODUCE BINS&UMBRELLAS The total number, size, and location of produce bins and umbrellas shall be limited as shown on the project plans and shall remain clear of accessible paths of travel. No additional bins or umbrellas shall be permitted, nor shall any increase in size or revision to the location be permitted without a separate approval. 5. DESIGN OF PRODUCE BINS 'The final design, and colors, of the produce bins shall be as shown on the approved "Produce Table Design" exhibit, noting that diagonal wooden cross beams shall be provided on all visible sides. In no case shall containers in which goods have been shipped, and/or alternate styles of basket/bin displays be permitted without prior approval of the Community Development Director. 6. OUTDOOR DISPLAY Produce bins, umbrellas, and other ancillary display equipment shall be returned indoors every night at the cessation of business hours or 11:00 p.m. through 7:00 a.m., whichever is more restrictive. The ground and surrounding areas shall be swept clean and maintained in good condition. 7. CESSATION OF USE Any discontinuation of the use of the produce market,bakery, or outdoor display shall not be permitted to be reestablished without prior approval of a new discretionary permit application. Resolution 21 U-2012-06 September 12,2013 Page 3 8. TRASH ENCLOSURE Protective bollards shall be installed to protect the gas meter adjacent to the trash bins. The exact number and placement shall be determined as part of the building permit plan check process. Furthermore, the Oakmont Produce Market shall share the recycling bin with the adjacent Dentist's office and dance studio. 9. BAKERY Goods produced by the bakery shall be made available for purchase through the Oakmont Produce Market. Furthermore the storefront windows of the bakery shall remain unobscured. 10. 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. 11. INDEMNIFICATION To the extent perxnitted 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 autharized 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. 12. 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 12� day of September, 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: Chao NOES: HEARING OFFICER:none ATTEST: APPROVED: � � tephen ose ao er City Planner