.02 M-2006-07 Peets Coffee
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: M-2006-07
Agenda Date: January 9, 2007
Applicant: Laura Tomas (Peet's Coffee & Tea)
Owner: Stevens Creek Office Center Associates
Location: 20807 Stevens Creek Boulevard, APN 326-32-051
APPLICATION SUMMARY:
Modification of a use permit (U-2004-04) to allow an opening time of 5:30 AM.
RECOMMENDATION:
Staff recommends that the Planning Commission:
1. Approve the Modification to the Use Permit (U-2004-04) with recommended changes in
accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Specific Plan:
Site Area:
Parking:
Peet's Coffee Tenant SF:
Total Building SF:
Commercialf Office / Residential
P
Heart of the City
29,185 square feet (.67 acres)
35 on-site, several hundred shared with adjacent
parking spaces
1,834 square feet
7,100 square feet
Hours of Operation
Currently Allowed Hours:
Proposed Hours for Peet's Coffee:
7:00 a.m. to 11 p.m., seven days a week
5:30 a.m. to 11 p.m., seven days a week
Environmental Assessment: Categorically Exempt
BACKGROUND:
The applicant, Laura Tomas of Peet's Coffee and Tea, is requesting approval to modify an
existing use permit (U-2004-04) to allow Peet's Coffee & Tea shop located at 20807
Stevens Creek Boulevard to begin its hours of operation at 5:30 a.m. Peet's Coffee & Tea
is located in a building constructed in 2005 that is shared with Panera Bread and is
located along the north side of Stevens Creek Boulevard, west of Saich Way. It is
surrounded by a business office complex to the north and west, a restaurant to the east
and commercial uses to the south across Stevens Creek. Boulevard. There are no
residential uses surrounding this site.
The applicant was requested by the Planning Department to submit applications to
extend hours for both of the Peet's Coffee & Tea shop locations in Cupertino after staff
:1d
M-2006-06
Page 2
January 9, 2007
became aware in October during the hearings for a Starbucks coffee shop that both of the
Peet's Coffee & Tea shop locations were operating earlier than the allowable 7 a.m.
DISCUSSION:
Peet's Coffee & Tea shop is requesting approval to operate between the hours of 5:30 a.m.
and 11 p.m. daily. Allowed hours are 7 a.m. to 11 p.m., so only the earlier opening time
requires approval.
The request is consistent with the proposed morning opening time of the other Peet's
Coffee & Tea location on Homestead Road and with other coffee shop locations
throughout the City that have been granted early opening times. Starbucks was granted
5:00 a.m. opening times for its locations on the corner of Stevens Creek and De Anza
Boulevards and on the corner of Homestead and Wolfe Roads, which are in similar
commercial locations like this Peet's Coffee & Tea shop.
Peet's has already been opening at this time and wishes' to continue with these hours.
Cupertino's Code Enforcement Division is not aware of any complaints related to its early
morning hours at either of its Cupertino locations.
Staff Recommendation
Staff supports the proposed application, but recommends that a condition of approval be
added to address the confusion over allowable parking areas for both the Peet's Coffee
and Panera Bread tenants. When this building was approved, the approval allowed for
shared parking between the adjacent office complex to the north and west and the Peet's
CoffeejPanera Bread building. Since the opening of these businesses in 2005, staff has
received complaints from customers about the parking situation for this building.
Additionally, some City Council members also expressed their concerns about the
parking confusion. Apparently, customers were not aware that they could park in the
adjacent office complex behind the building and, instead, were parking on adjacent
properties. As a result, staff contacted the property owner a number of times requesting
that directional signs be placed in the parking lot behind the building to notify customers
where they could park. However, this has not yet been accomplished. Therefore, staff
recommends adding the following condition of approval to require directional signs:
"Within 30 days of this approval, the applicant shall install directional signage in the parking lot
behind the Peet's CoffeejPanera Bread building and in the Peet's Coffee shop informing customers
that additional parking is available in the adjacent office complex to the rear and to the west."
Enclosures:
Model Resolution
Plan Set
()-:)
M-2006-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION TO A USE PERMIT (U-2004-04) TO ALLOW A COFFEE SHOP
(PEET'S COFFEE & TEA) TO BEGIN HOURS OF OPERATION AT 5:30 A.M. IN AN EXISTING
COMMERCIAL RETAIL BUILDING
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
Modification, as described in Section II of this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds that the application meets the following requirements:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not detrimental
to existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
b) That the property involved is adequate in size and shape to accommodate the proposed use.
c) That the proposed use will not generate a level of traffic over and above that of the capacity of the
existing street system.
d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to
property and improvements in the neighborhood.
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 recommended for approval, 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 M-2006-07 as set forth in the Minutes
of the Planning Commission Meeting of January 9, 2007, and are incorporated by reference as though
fully set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No.: M-2006-07
Applicant: Laura Tomas (peet's Coffee & Tea)
Location: 20807 Stevens Creek Boulevard
~--4
Model Resolution
Page-2-
M-2006-07
January 9, 2007
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. PREVIOUS CONDITIONS OF APPROVAL
All prior use permit conditions for U-2004-04 shall remain in effect, unless in conflict with the
conditions of approval for M-2006-07.
2. HOURS OF OPERATION
Hours of operation shall be 5:30 a.m. to 11 p.m. daily (Monday through Sunday).
3. DIRECTIONAL SIGNAGE
Within 30 days of this approval, the applicant shall install directional signage in the
parking lot behind the Peet's CoffeejPanera Bread building and in the Peet's Coffee shop
informing customers that additional parking is available in the adjacent office complex to
the rear and to the west.
4. 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 9th day of January 2007 at a regular meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVE
Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Cupertino Planning Commission
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Vicinity Map
General Notes
GENERAL cONTRAcroR SHALL REY\EWTHE CONTRACT DOCUMENTS AND VERIFY ALL DIMENSIONS
AND CONDmONS ON THE JOB SITE PRIOR TO EXECUTING THE WORK. CONTRACTOR SHALL
NOTIFYTHE ARCHITECT AND/OR OWNERS REPRESENTATIVE IMMEDIATELY OF ANY DISCREPANCIES.
GENERAL CONTRACTOR SHALL BE RESPONSmLE FORALL COSTS INCURRED DUE TO HIS FAILURE TO
DO SO.
PERMIT EXPEDITER OR GENERAL CONTRACTOR SHALL BE RESPONSmLE FOR ALL FEES, PERMITS.
lTTIUTY CONNECTION FEES AND OTHER ASSOCIATED COSTS AS REQUIRED BY GOVERNMENT
AGENCIES OR UTILITY COMPANIES.
PER.lIA.IT EXPEDITER OR GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS REQUIRED
BY TIlESE CONTRACT DOCUMENTS OR GOVERNMENT AGENCY IN REGARD TO INSPECTION.
ALL WORK AND MATERIAL SHALL BE EXECUTED IN FULL ACCORDANCE WITHALLAPPUCABLE
CODES.
GENERAL CONTRACTOR SHALL PROVIDE AND BE RESPONSmLE FOR ALL COSTS FOR PUBUC
PROTECTION AS REQUIRED BY TIlE CONTRACT DOOJMENTS AND LOCAl. GOVERNMENT AGENOES.
EXTERIOR SIGNAGE AS SHOWN ON THESE DOCUMENTS IS FOR CONVENIENCE ONLY AND ANY
PERMITS REQUIRED SHALL BE UNDER A SEPARATE CONTRACT.
FIRE EXTINGUISHERS AND CABlNm AS REQUIRED BY LOCAl. GOVERNMENT AGENCY SHALL BE
PROVIDED BY GENERAL CONTRACTOR AND INQ.UDED IN CONTRACT.
8 GENERAL CONTRACTOR SHALL MAKE NO REVISIONS. ALTERATIONS OR CHANGES TO THE WORK AS
SHOWN IN THE CONTRACT DOCUMENTS WITHOUT THE PRIOR WRITTEN APPROVAL OF TIlE
ARCHITECT AND/OR OWNERS REPRESENTATIVE. NO ADDmONAL COSTS FROM TIlE GENERAL
CONTRACTOR SHALL BE CONSIDERED AND THE WORK MAY BE REQUIRED TO BE REMOVED
WITHOUT SUCH APPROVAL BY ARCHITECT.
9 GENERAL CONTRACTOR SHALL PROVIDE THE BUILDING OFFICIAL WITH A CERTIFICATE OF
CONSTRUcnON COMPUANCE WITH ENERGY CONSERVATION STANDARDS UPON FINAL BUILDING
DEPARTMENT INSPECTIONS (WHERE REQUIRED).
10 GENERAL CONTRAcroR SHALL PREPARE THE FLOOR LEVEL AND SMOOTH AND PROVIDE FOR THE
FIWNG OF ALL FLOOR DRAINS, FLOOR SINKS OR OTHER SUCH DEPRESSIONS, CRACKS OR
IRREGUlARlTlES IN FLOOR SlAB.
II GENERAL CONTRACTOR SHALL PROVIDE ACCESS PANELS FOR ALL TRADES AS REQUIRED BY CODE.
lOCATIONS TO BE APPROVED BY ARCHITECT AND/OR OWNERS REPRESENTATIVE PRIOR TO
EXEClTTION OF WORK.
12 CONTRACTOR IS TO VERIFY ALL DIMENSIONS AND EXISTING CONDmONS ON THE SITE AND BE
RESPONSmLE FOR CONFIRMING AND CORRELATING ALL QUANTITIES AND DIMENSIONS, SELECTING
FABRICATION PROCESSES AND TECHNIQUES OF CONSTRUCTION, COORDINATING HIS/HER WORK
WITH ALL OTHER TRADES AND PERFORMING HIS/HER WORK IN A SAFE. COMPLETE. AND
SATISFACTORY MANNER
13 ALL WALL DlMENSIONSARE F.O.F. TO F.O.F.. U.O.N.
14 PROVIDE BLOCKING AT WALLS WHERE REQUIRED FOR SUPPORT OF SHELVING.
15 ALL EXITS TO BE OPENABLE FROM INSIDE WITHOUT USE OFA KEY.
Occupancy Diagram
1\
z8
EMPLOYEE AREA 162
SF/
200 LOAD FACTOR. I
OCCUPANT
cq
cg
l/
~
cq
cq
RETAIL SALES 381 SF/ SEATING TOTAL 408 SFII5 LOAD
30 LOAD FAcroR. 13 OCCUPANTS FACTOR. 28 OCCUPANTS
Project T earn
0WIIer
Peer', Cofke & Tea
1400 Park Avenue
EmeryviIJe, CA 94608
Phone: (510) 594-21OJ
F2X: (510) 594-2180
Conucr: Audrey Fujioka
Project Mampmt
Chestnut Company
1541 4ch S=t, S", 100
San Ralild, CA 9490 I
Phone: (415) 257-4227
Phone: (415) 257-4222
Contact D2Vid Ima
& leam
Cmm&~
85 Bolinas Road
Suite 17
Fairfax. CA 94930
Phone: (415) 453-0700
F2X: (415) 453-0785
Conua: Max Creme
UadIoal a.p-a.;..
Wcstern Investment Management Co.
P.O. Box 61120
Palo AltO, CA 94306
Phone: (650) 322-2722
F2X: (650) 322-2684
Conuct: Charles Marsh
McchmicaII EIcaricaI I!agin=
Michaud Cooley Erickson
1200 Metropolitan Centre
333 Souch Scvcnch Screet
Minneapolis, MN 55402
Phone: (612) 673-6834
Fax: (612) 339-8354
Comact Rick Iverson
UndIord', -^'<hitcct
Kenneth Rodrigues & Panners. I ne.
10 South Third Street, Suire 400
San Jose, CA 951 13
Phone: (408) 993-0700
Fax: (408) 993-0707
Contact: Kevin Jones
~
A2 Flonr Plan
M Rdleac:d Cciling Plan
A5 Finish Plan
A6 Interior Elevations
A6.1 Exterior Elevations
A7 Details
A7.1 Dcuils
KI Equipment Plan
K2 Equipment Schedule
ASP 1-8 Specifications
Project Data
M J Mechanical Specification,
M2 Mechanical Specifications
M3 HV AC Plan & Schedules
M4 Mechanical Derails
M5 Tide 24 Forms
PI Plumbing Specifications
P2 Fresh Warcr Piping PlanWasre & Venr Plan
P3 Bar A= Domestic & Wasrc Enlargcd Plans
P4 Riser Diagram and Derails
EO Elcarical Symboll.cgend & Specification
E I EleCtrical Lighting Plan
E2 Electrical Powcr & Systems Plan
E3 Electrical Details
E4 Elcarical Riser Diagram and Pan.l Schedules
E5 Low Volragc Diagram
E6 California Tide 24
PROJECT ADDRESS: 20807 Stcvcns Creek Blvd.. Cupertino, CA
APNI: 326-32-051
SCOPE OPWOlUC: INTERlOR TENANT IMPROVEMENT.
CODP3: CBC2ool, TITLE 24. NEC 1999. CEC2001. CPC 2001. CMC 2001. UFC 1998. CURFFL2003
BUIU>ING TYPE: TYPE V-N, SPRlNKLERED
USE: Retail
OCCUPANCY GROUP: -",,1;\
EXISTINGSP: 1,834SF(L~
# OP STORIES: I
OCCUPANCYLOAD CALallATION:
OCCUPANCY
RETAlL
SEATING
EMPLOYEE
STOCK
AlIl!A LOAD FACTOR # OCCUPANTS
381
408
162
340
30
15
200
300
13
28
I
2
TOTAL
44
EXITS: Number of exies r<quircd : I Exir widch r<quircd: 36" min
Number of exits provided: 2 Exit width provided: greater than 36"
Environmemal Health Notcs:
1. All food ircms to come from an inspected and approved source.
2. A copy of the menu is included with the equipment cut sheets. No
potentially hazardous foods will be served. Factory prepared and wrapped
pastries and candies made dsewhere will be served. No food will be rcheated.
No multiple Step processing will be used. Assembly of drinks may involve
mixing of milk (scored in refrigerators), flavor syrups, and siroUar items. No
other foods will be mixed Ot assembled.
,ani.
PN. PEETSNENDOR C. GENERAL CONTR ]..IANDLORD E= EXISTING
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smoke n-xuarlon
air balancine an,
andlenlli:nation
G.C. PROVIDES CYllNDER.S
208
CUI
LEVEL 5 FINISH AT PAINT
AS REQUIRED BY CODE
. I . ILL RESPONSIBLE FOR PATCHES AT LL WORK
CONTACT: PAUL GAUCHER 831.343.]760
Pen
H.r\R.DWARE BY GC
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EXTER]OR SEATING UNDER SEPARATE PERMIT
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INCL BOLTING TO THE WAil WHERE RE'
GCTOADDNEC1.SSUY fWl.DTAAEAS REQUIRED
AS REQUIRED BY CODE
GCTO.usaiBU IF REQUIRED
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HARDWARE NEW BY C.G.
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HARoWAlU! NOTES:
L AU. LOCKSTO BE SCHUGE Im'ERCHANCEAili CORE...
1 SUBMlTTHREE (3) COPIES Of HARDWARE PRODUCT D^TAANO HARDWARE50lEDUUS
FOR.All.CHlTEcrSlOWN'ER'S R.EVIEW PRIOR. TO PURCHASE OF HARDWARE..
3. R.EVlE'W AU. KEYING ON SITE V/ln{ OWNEIL
" DOORS TO COMPLY ., lAC .400.310 Q) AND HAVE 3' DOOR. LEVER OPEllATEO OR EQUAL
DOOR-HARDWARE. I" ON THE PUU WE, A a.S LB MAX. FelCE TO OPEN ON ALL HlNcm
E:<:TEJUOROOORSANOA 5 LB MAX FORCE TO OPEN ON AllHINGEO INTERJORI>OOB&
,. VEJUFY SADDLE TYPE I FINISH B I MATCH TO FRAME SIZE I VERIFY OFFSET TO SITE
CONDmONS 1
'" SHADED ITEMS NOT USEOS. TYP.
DOOR SCHEDULE
NO. SIZE I DOOR I FJlAME HD\VR. FIRINC DErAll5 RDMI<KS
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ABSREVAll0NS
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11M HOLLOW METAL
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A . IE) DOOR TO llEMAIN. ASSESS IE) DOOR HA\lDWAREAND FIElD DETERMINE EXTENT OF
ODIFlCATIONTO ARETO MATCH THE HAllDWARE GROUP SPECIPIED IN SCHEDULE.
B. UNDERarT 314", FORADA SIGNAGE SEE DETAIL 8. SHEET Al.
I:. . FOR PAINT KEY AND SPEC. SEE SHEET AS. FINISH PlAN AND SHEETS A6.lNTEJUORELEVATIONS.
D. EXIT DOORS ARE TO BE OPENABU FROM fNSlDE'WlTHOllT USE OF A KEY. SPECIAL KNOWUDGE.
OR Ul'ORT. KEY L.OCJ(ING HARDWARE MAY BE USED ON THE MAIN EXITWHEN THE MAIN EXIT
DOOR HAS A DU1lABLEstGN ON OR ADJACENT TO THE DOORSTATlNG, THl5DOO1l.MIlSTIlIIIoWN
tlNI.OCZI!D llllIIING IIUSINIlSS IlClUIlS. THE SIGN SHAll BE IN u:rrw NOT U!SS THAN ONE INCH
HIGH ON A CONT'lV.STING BACKGROUND.
E . UNLATCH8"tI'C FORCE. OR OPENING FORCE NOT TO .EXCEED 5 POUNDS. {CAUFORNW
F. PAINT DOOR &: FRAME 0
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PRJOk TO INSTAllATION. SEE DETAIL 100A7,1
IN) THERMOSTAT (SEE MECHANICAL DRAWINGS)
(N) REMOTE. SENSOR fOR THERMOSTAT (SEE MECHANICAl DRAWINGS)
REF. 61A7.1 FQRSHELVINC SUPPORTS.
ANCHOR GRAB BAA TO FRAMING, TYP. SEE DETAIL 6JA7
PROVIDE INTERNATIONAl SYMBOL OF ACCESSIBILTTY PER oETAlL 71A7.
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EXISTING WAlL PATCH AND REPAlRAllGYP. SD.AS REQ,utRED FOR NEW
PlNlSH
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(N) NON-RATEDWAU.3-51S" 20 GAMETALSTUDS@16w O.C.W/S/S"GYP. &0. ON
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TO 6" ABOVE TIlE aILING WfBRACING TO STRUCTURE ABOVE. AT MOP SINK
LOCATlON - WAll TO PlATFORM ABOVE. SEE DETAIL IliA].
(N) NON-RATiDWAU.6" 20 GA METAL STUDS @I24"O.C.W/S/S"GYP.BD.ONBOTH
SLOES (GYP. Bo. ON ONE SIDE BEHIND THE WATER CLOSET (# WOMEN'S REST ROOM)
PROVIDE IN'SlIlATION @I RESTROOM WAllS. WALL TO 6" ABOVE THE CEIUNG
WfBRACING TO STRUCTURE ABOVE. SECURE TO FRAMING ABOVE.. REF. DETAIL llA7
SIMILAR.
(N) FUllRE.DWAll3 5/8" OR2 In" 20 GA METAL STUDS AS REQUlRIDWI
5/8~ GYP. BO. ON lNT. SIDE AND 1/4 WHITE MELAMINE ON EXT. SlOE. PAINT SCREWS
TO MATCH. WAll TO 6" ABOVE. THE CEIUNG WIBRACINC TO STRUCltrRE ABOVE.
SECURE TO FRAMING ABOVE. W. DETAIL 1/A7 SIMIlAR
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FURRED WALL
FLOOR PUN GENERAL NOTES
CONCRETE SlAB TO BE PROVIDE FOR EXTERIOR T'RASH. GARBAGE, AND GREASE
BARREL STORAGE. THE WALLS ENClOSINC THE AREA SHAll BE SMOOTH,
SEAlED AND WAS HABlE. (E.G., rlASTERED SMOOTH .'\ND PAINTED, ~TC_)
RECESSED ELECTRICAL PANELS
q
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DOOR TYPES
WAINSCOT
TOP IWL
WHEU
ASTIr
HOTWATEllAND DRAIN PIPES ACCESSIBLE UNDEIlLAVATORlES SHAll. BE
n.tSULATED o!t. OTI-fER.WISE COVERED. THERESHAll BE NO SHAJtPORABRASM
SURfACES UNDER. LAVATORIES.
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