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:
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